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Mary Winkler Bond Hearing blog

Mary Winkler has left the courtroom at 1:41pm.  There is not ruling on the bail at this time.  The judge is taking the request for bail under consideration.

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Closing arguments, defense attorney is urging the judge to set bail in the case.  Stating Mary Winkler's character is nothing but good.  She is concerned about her 3 children.  She is comforted by the fact that her in-laws have the children.  They are still her kids and this is a significant tie that she will answer these charges.  If she had not gone to AL, they would not be addressing this today.  Lack of planning -- no bags, no money -- surrounding her trip to AL.  She has been nothing but cooperative with everyone involved in the case.  Defense attorney says as a lawyer he would not have advised Mary Winkler to go to AL, but as a father of 3 he understands.  He says she had $121.  It was a running, but not with an intent to disobey.  Says the state has not proven premeditation.  She doesn't remember going to the closet to get the gun.  A bail can be set with the evidence that has been given.  Her employment offers and knows she can live in McMinnville.  Removal of the firearms from Cathy Thompson's house would keep her from being around any guns.  The family financial situation is not great (Mary Winkler's family).  Mary's father is retired and not of great wealth.  They are going to have to hunt to get the money together.  It will be difficult.  Offering father's home as insurance collateral.  Defense attorney says Mary Winkler will not jeopardize her father's home.  Citing number of letters and content of those letters as support for Mary's bail.  He is citing all the letters they have received in support of her.  He says she could have run in Orange Beach, but she didn't.  She wasn't even going to pay bail in Orange Beach -- she was going to come back to face the charges against her.  There is a company in Memphis that is a private probation company -- the justice network.  His company is available to supervise her while she is in another city.  Telephone calling in, electronic bracelet.  Whatever the judge rules.  Proposes that she drive by the local McMinnville Police Department to check in on a weekly basis.  Asking that bail be set at the lowest amount the judge can.  He's making reference to the letter the jailer wrote that Mary Winkler is not a threat.  He apologizes for being lighthearted, but sometimes they need to lighten the mood since these are serious charges.  He is apologizing for anything he may have done before or today.  The state is testifying why Mary Winkler shoud be held.  The state contends this is a capital case and she should be held.  The state feels Mary Winkler fired a shotgun into the back of Matthew Winkler while children were in that house and how he later died is evidence that the murder qualifies as capital murder.  State says Matthew Winkler was left alive by Mary and the telephone was made unavailable to him -- so he could not seek help.  He says she left with their 3 children and went on vacation to the beach.  State says she premeditated this when she went to the closet, got a gun and fired the shot into the back of Matthew Winkler.  He says her concern for the children.  He says this is irrelevant to the circumstances.  Judge says they are going to review all the exhibits and all the testimony presented today.      

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Cathy Thompson is from McMinnville, TN.  She knows Mary Winkler.  She attends church where Matthew was youth minister.  Known her for a little more than 4 years.  She has visited Mary Winkler in jail.  She has made an offer to Mary Winkler as far as living arrangements.  She offered her home to Mary Winkler.  Two people have offered Mary Winkler employment in McMinnville.  One is at a dry cleaners, the other she doesn't know.  She welcomes Mary into her home.  She would help Mary abide by the rules and would report her to authorities if she violated those rules.  She doesn't feel she is a danger to herself or anyone else.  She would help Mary to be there for trial and court.  Cathy is a housewife.  Her husband is a physical therapist.  She says Mary would comply with all rules.  Is asking about a jail infraction.  Would be surprised if Mary had not followed all the rules.  Now state is revealing the prescription drug infraction in the McNairy County Jail.  Cathy Thompson feels she would follow the rules at her house even though she had an infraction for prescription drugs in the McNairy County jail.  State is asking does Cathy Thompson know what Mary Winkler is involved in.  Cathy Thompson says she knows she murdered her husband.  She does not think Mary Winkler would murder anyone in her house.  She says there is a gun in her house.  Defense is asking if she has heard and read she murdered her husband.  Cathy Thompson says yes.  Would she remove all her guns if the court asked her to?  Cathy Thompson says she would and she has thought about doing that already.  Prosecution is calling the jailer who wrote the letter in support of Mary Winkler -- Cynthia Gibbs.  She supervisors the women's portion of the jail.  She knows Mary Winkler and knows why she is housed there.  She has not heard from Mary Winkler about what happened to Matthew Winkler.  Showing her a letter.  A request was made by Mary Winkler that she write a letter in support of Mary Winkler.  Wrote it in June.  Showing her another document.  This is a letter of disciplinary action against an inmate.  Gibbs saw drugs being passed between 2 inmates.  She signed the letter about the infraction.  She says she can't answer the question about whether Mary Winkler will comply since she doesn't know her on a personal level.  Gibbs says Mary Winkler never crossed Gibbs.  Defense attorney objects -- says if she violated a criminal law -- then charge her.  What type of punishment did Mary Winkler got for taking a prescription drug in the jail?  Visits were taken away.  Did Mary Winkler take the pill?  No she did not take the pill -- Gibbs confiscated the pill.  She did not ingest the pill.  Gibbs does not know why Mary Winkler was holding the pill.  It was a couple of seconds Mary Winkler was holding the pill.  Gibbs says she took the pill.  No more witnesses. 

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Jenny Smith has taken the stand.  She is a widow for 12 years.  Dr. Marty Smith was her husband.  She knows Mary Winkler.  She met Mary Winkler through her husband being a minister.  Has known her for a year.  Smith has lived in Selmer since 1962.  Says Mary Winkler is not violent.  Smith says she would appear in court.  She has visited her in jail.  She has been on television talking about visiting Mary Winkler in jail.  She has not talked to Mary Winkler about what happened to Matthew.  She thinks Mary Winkler would comply with all rules if released.  Says her opinion wouldn't change if she found out she had a disciplinary report from jail.  Showing her the letter about Mary Winkler being a good inmate.  Says that sounds like the Mary she knew.  Shannon Roberts is being called to the stand.  (The witnesses on behalf of Mary Winkler were not allowed to sit in the courtroom.)  Roberts is a family member of the Winklers.  Says she is always loving and took care of her when she was younger.  She's 28, Mary is 34.  She thinks she would come back to court.  Her father would be the one to get the money together for bail.  Her dad is not very wealthy.  Says her sister would comply with the rules imposed on her.  Even rules that are minor and not that important.  Roberts says oh yeah.  This would not change if she knew -- Objection from defense.  They don't know what the jail infraction was.  Rephrase: She was observed by jailer Cynthia Gibbs taking a white round prescription drug from another inmate.  This would not change Roberts opinion.  Roberts didn't think her sister knew what was going on.  She has always followed the rules.  Mary Winkler's attorney is asking for a copy of the infraction report.  The prosecutor is handing the report to the defense attorney.  Mary Winkler's attorney is reading over the jail infraction report.  Roberts couldn't visit her sister on May 7th due to the infraction -- Roberts says yes she knew that.  Cathy Thompson is taking the stand.   

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Pam Killingsworth is taking the stand.  She is the assistant principal at the local elementary school.  She knows Mary Winkler through the church and community.  Killingsworth saw her just about everyday.  She would see her in the afternoon.  If they passed each other, they would stop and talk.  They would see each other on Wednesday nights and when she brought the daughters to her class.  Killingsworth has known Mary Winkler since the first year the Winklers lived in Selmer.  Describes Mary Winkler as very quiet, very patient and a good mother.  She believes Mary Winkler will come back to court and not her herself or others.  She supports Mary's request to be out on bail.  Thinks Mary Winkler is an even tempered person and slow to get angry.  Never saw her get agitated.  She only worked one day as a substitute teacher and that was the day before Matthew Winkler's body was found.  She saw Mary that morning when she signed in.  Never saw her on the cell phone.  Has seen her in jail.  Has not discussed the shooting of Matthew Winkler with Mary.  Just there to support her, love her and pray for her.  She believes she will comply with rules.  Would your opinion change if she knew she had a problem while in jail?  Killingsworth says no, her opinion would stay the same.  She should not be punished if something comes up -- does that applied to murder?  Winkler's attorney is reading a letter from a staff member at the jail saying she has never had a problem with Mary Winkler in jail.  Killingsworth has finished testifying. 

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Alicia Jones is now being called to the stand by the defense.  Mary Winkler's attorney says they have submitted letters to the court in support of Mary Winkler.  Jones lives in Nashville, TN.  She is a professional nanny.  She has known Mary Winkler 7 years.  Matthew was the youth minister where they went to church.  Alicia offered to take care of the Winkler's children and took care of the children for 4 years.  Alicia has seen Mary Winkler 9 to 10 times since she has been in jail.  She does not believe Mary would be a danger to herself or anyone else.  Jones says Mary Winkler will do what she needs to do to come to court.  The state is asking if Jones believes Mary Winkler will follow the rules.  Jones says yes and that a inmate disciplinary report would not change her opinion.  Jones has not talked to Mary Winkler about what happened with Matthew weekend.  Jones works through a placement service to be a nanny.  Nannies of Green Hills in Nashville, TN.  Alicia Jones has finished testifying.     

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Mary Winkler's attorney is now officially asking the judge to set bail for Mary Winkler.  The prosecution is stating that the evidence indicates this was a premeditated murder thus is a capital offense and does not qualify for bail.  The state is recapping the evidence they have presented.  The state's attorney says Mary Winkler left Matthew Winkler alive after shooting him. 

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Booth testified Mary Winkler had $123 on her when she was found.  Winkler's attorney wants to know if she had reservations in advance before going to Orange Beach, AL.  He says she didn't have reservations.  He is saying she was not running from authorties, but just wanted to spend time on the beach with her children.  Booth is re-reading the part of Mary Winkler's statement about wanting to go to the beach and spend time with her children.  He is now asking booth about the ammunition in the gun.  Booth says he doesn't know what type of ammunition the gun had in it.  Questioning about the autopsy report -- distance where the gun was fired.  Booth says he doesn't know.  Did Mary Winkler tell Booth that she was planning to come back to Tennessee?  Booth - Yes, she said she was coming back to TN.  Did you believe her?  Objection from the state.  Winkler's attorney is questioning AL policies about statements differing from TN policies.  Booth says he has not seen a transcript of the AL statement Mary Winkler gave.  When was an arrest warrant issued from the state of TN?  Booth doesn't know.  Do you agree that when the Amber Alert there was no arrest warrant issue?  No arrest warrant issued when the Amber Alert was carried out.  Did Mary Winkler give anyone any problems during her arrest?  Booth says no.  Booth is being asked to read a statement -- the last sentence.  Mary Winkler's attorney wants to know where Mary Winkler was running to.  Booth says he doesn't know where she was going to run to.  Booth has finished testifying. 

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Booth says she was transferring money from their joint account to her personal account.  Mary Winkler's attorney wants to know if the ATM withdrawals are unusual by themselves.  Booth says no.  A check in December of 2005 for $4800 is being questioned.  This was deposited in the joint account.  Mary Winkler's attorney is pointing out what he says are inaccuracies in Booth's statement about the shotgun.  He wants to know if he can hunt turkey with this gun.  Does that gun have a choke on it?  The judge has asked the attorney to move on.  Mary Winkler's attorney is now whispering to the prosecution attorney.  Mary Winkler's attorney is indicating that Mary opened the account in Henderson because that's where Mary went to school.  Mary Winkler's attorney is now indicating that Mary could have been a victim of the Nigerian scam.  Booth testified that she may have been a victim of the Nigerian scam.  Booth is saying that Mary knowlingly participated in the Nigerian scam.  Mary Winkler's attorney says she was a victim of the scam.  Approaching the judge about the miranda report. 

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Mary Winkler's attorney is questioning whether TBI Agent Booth's testimony is truthful.  He says Mary Winkler used an expired license to open one of the accounts.  He is saying that there is a difference in saying that something is expired and something appears to be expired.  Mary Winkler's attorney is saying that TBI Special Agent Booth is making some assumptions about what happened without proof.  Mary Winkler's attorney is now questioning the way Booth took Winkler's statement.  The defense attorney is trying to poke holes in Agent Booth's testimony.  The defense attorney is asking if the agent took the testimony with a video camera.  The agent said the testimony was not taken with a video camera.  The defense attorney is questioning the way Mary Winkler's statement was taken.  He is asking exactly how the interview with Mary Winkler was conducted.  He says Booth is not answering his question.  Mary Winkler's attorney is asking if Booth embellished Mary Winkler's statement.  He's having Booth go back and re-read Mary Winkler's statement.  He is making a case that the special agent added a m to 3p.  He read 3pm, but wrote 3p.  He is arguing about the m.  Mary Winkler's attorney is asking how much sleep Mary Winkler had when she was arrested.  Booth says he didn't ask her that.  He's asking if Booth knew what her mental condition was.  He's asking if Booth is a psychologist.  He wants to know why he didn't ask her how much she had to eat, how she had had to eat.  He is saying Mary Winkler cooperated with all law enforcement officers.  Mary Winkler's attorney is asking about the Amber Alert.  He says he wanted to locate Mary Winkler.  He is arguing that when they found the children and took her into custody -- there was no reason to arrest her.  He wants to know if she was arrested in Alabama.  He is saying based on the Amber Alert Mary Winkler was arrested.  Booth says that's not true.  He wants to know if Alabama authorities arrested her.  Booth says they didn't arrest her.  Booth says some guy who works with the ABI told him she was not arrested.  Mary Winkler's attorney wants to know what Booth considers an arrest.  He is asking -- Booth is testifying to what other people have told him.  He wants to know if what Booth testified about Mary Winkler's accounts is still what he is testifying.  He wants to know about the accounts.  Which ones were in her name only? 

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The night of her arrest, Booth says he questioned her about the checking accounts.  She could not explain the checking account in Henderson in her name only.  She said the checks were mailed to her and offered no explanation about why.  She did indicate the bank had contacted her about this situation.  She said the bank contacted her the day before Matthew Winkler's death.  Booth says Mary Winkler indicated she and Matthew had been arguing over this bad book keeping and she said it was her fault.  She made several withdrawals of $500 from 2 Selmer banks on the day before his body was found. 

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Attorney is asking about her last 3 interviews on the night of her arrest.  They are now talking about some checks that came through their personal checking account that were not normal.  The investigators looked at Mary and Matthew Winkler's financial records.  There were some checks being deposited into an account in Canada totaling $17,000.  These were deposited by Mary Winkler at a local bank and in Henderson and they were made in her name.  The Henderson bank account was set up in her name only and had a different address than her home address.  Booth is now being asked about check kiting.  Booth is testifying that he did observe irregularities in the Mary Winkler accounts.  He says she was writing checks into her Selmer account to her Henderson account and then withdrawing money from the Selmer ATM.  The bankers noticed this going on and brought it to Mary Winkler's attention.  Booth says this was brought to her attention the day before the murder of Matthew Winkler.  They subpeoned her cell phone records.  Repeated cell phone calls to the automated phone line at the bank.  Incoming calls from Region Banks to her cell phone also showed up on records.  Phone records show some of those calls were made to the bank from somewhere other than her home. 

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This type of rifle is used for turkey hunting.  The actual shotgun is not in the courtroom.  One like it is being shown in court at this time.  The gun is not being presented as an exhibit, just a visual representation. 

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The state is presenting a shotgun and stating that this is a shotgun like the one found in Orange Beach, Al.  The shotgun was recovered in Mary Winkler's van in Orange Beach, AL.  The shotgun was 2 and 1/2 to 7 1/2 feet from Matthew Winkler's body when it was fired.

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The shotgun was recovered in Orange Beach, AL.  TBI has the gun and it has been analyzed.   77 pellets were recovered from Matthew Winkler's body.  Attorneys are approaching the bench. 

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Brent Booth is a special agent with the Tennessee Bureau of Investigation.  He was involved in the investigation into the death of Matthew Winkler.  The state attorney is asking Booth to describe what an Amber Alert is.  The TBI Agent says Mary Winkler was explained her rights when she was arrested.  Booth testified she was not denied any creature comforts.  She voluntarily waived her rights when she was arrested.  They are now reviewing the notes about her interrogation.  This is her statement she gave to arresting officers.  Booth is now reading it.  The first part is the background of her and Matthew's relationship.  They had some problems the first 5 years of marriage, but were having increased problems in the last few years.  She came home with the baby and then left to go get her other daughters.  Girls got in bed between 8 and 9pm.  Matthew started ranting about problems and personal feelings in the church administration.  He calmed down and she fell asleep.  She had an uneasiness and did not sleep well.  Next morning alarm went off at 6 or 630 and he was still in bed.  He had a shotgun in the closet.  The next thing she remembers is hearing a loud boom.  He rolled out of the bed onto the floor and she saw blood on the floor and around his mouth.  She wiped his mouth, told him she was sorry and then ran.  She remembers holding the shotgun, a boom and smell and said she was sorry.  She was scared sad and wanted to get out of the house.  Patricia came into the hallway and asked what was going on.  She told the daughter her daddy was hurt.  She got socks for the baby and left in the van.  She made a stop in Jackson, Ms.  She wanted to take the children to the beach and play with them as long as she could.  She had a credit card, but didn't use it.  She knew she would get caught.  She didn't tell the girls the truth.  She told them their dad was in the hospital.  Tuesday night, they had also talked about their finances.  They were having trouble, mostly Mary's fault.  Matthew as upset with her about that.  She was upset with him for the criticism and it got to the point that I snapped. 

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The defense attorney is now cross examining Sgt. Wrigman with the Selmer, TN Police Department.  He is asking the sergeant about typing up his report.  He asked if the sergeant took notes at the scene.  Sgt. Wrigman said no.  He says he wrote the report 2 to 3 weeks later from memory.  The defense attorney is asking Wrigman if there were children living in the house and asked the sergeant if he has children.  The attorney is trying to make the case that there are other reasons that the phone could have been off the hook and unplugged.  He is trying to make the case that his client, Mary Winkler, may not have actually unplugged the phone.  The defense attorney has asked the sergeant if anyone told him that Mary Winkler is a mean an spiteful person.  The state is objecting saying that only mean people commit crimes.  The defense attorney is questioning the sergeant about the photos and asked him that he didn't know what happened did he?  The sergeant said I believe I don't know.  The phone cord was still plugged into the wall, but not into the phone.  A portion of the phone cord was under the body.  The sergeant is now leaving the stand.  The state is calling Brent Booth to the stand.   

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Another photo is being shown of blood spots on the bed in the master bedroom.  Another photo is being shown of Matthew Winkler's body.  The state prosecutor is asking Sgt. Wrigman to identify the photos.  Sgt. Wrigman says the photo does show how Winkler's body was positioned when he was found.  Another photo is being shown of Matthew Winkler's face.  Sgt. Wrigman says there was bloody saliva coming from Matthew Winkler's mouth. 

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Sergeant Robert Wrigman is testifying.  He is an investigator with the Selmer, TN Police Department.  The state has called Wrigman as a witness.  He responded to the house following the call about the death of Matthew Winkler.  He says he observed in the master bedroom, Matthew Winkler, laying in the floor beside the bed.  He arrived about 10 p.m. after being called by officers who responded to the scene.  Church members were also there.  The state is showing the investigator a photograph of the telephone in the master bedroom.  The phone was laying in the middle of the floor and it was unplugged.  The attorneys have been called to the bench again.   

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We are now hearing from a sergeant with the Selmer, TN Police Department.

We also learned during the presentation of the autopsy report that the shotgun was loaded with birdshot that resulted in numerous internal injuries.

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We are not able to hear what the judge and attorneys are discussing at this time. 

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The cause of death is a shotgun wound to the middle of the back and it perforated his ribs.  The path was downward.  The state is submitting this exhibit to support their premeditated claim.  The judge is now calling the attorneys to the bench for some reason.  Mary Winkler is crying.  She can be heard sobbing.

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The state is presenting Matthew Winkler's autopsy report as proof that the murder was premeditated.

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The prosecution is now arguing that the defense attorneys have been grandstanding in this case and relying on theatrics.

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The state is now arguing that the case was a premeditated first degree murder and therefore it is a capital offense.

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The prosecution is now citing cases that would support not granting Mary Winkler bond.

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The prosecution is now arguing that Winkler's offense does not warrant bond.  He's saying that's because it is a capital murder case.

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Winkler's attorney is citing reports from Winkler's court appointed psychologist that she does not pose a significant risk.

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Winkler's attorney says Tennessee law mandates suspects should be released on the least amount of bail possible.

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Winkler's attorney says they are going to argue that her standing in the community is another reason why she should be released on her own recognizance.

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10:54am: Winkler's attorney is proposing that Winkler could be released on her own recognizance -- that she could be release without having to post bond.

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Winkler's attorney is saying that there has been no evidence that Winkler was the aggressor in this case.

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10:49am: Winkler's attorney is citing other cases for allowing her to post bond.

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Her attorney is now saying that since Winkler waived extradition and didn't post bond on the fugitive charge that she has shown a good faith effort to comply with the law.

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Her attorney is saying that Winkler had the opportunity to post bond when she was arrested on March 24th in Alabama.

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Mary Winkler has approached the bench in the courtroom.  Her attorney told the judge he was afraid the judge might not recognize him since he has gotten a haircut. 

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Mary Winkler has still not been called for her hearing.  It's 10:35am and the judge is taking a short break.

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WAFF 48 News Reporter Elizabeth Gentle is in the courtroom.

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9:05am: Mary Winkler's attorneys have entered the courtroom.

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9:02am: WAFF 48 News is waiting for the Winkler's hearing to begin.  Right now, there is another defendant on the stand.

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The bond hearing for Mary Winkler is scheduled to begin at 9am this morning.  WAFF 48 News is monitoring the hearing and will keep you updated right here.  Winkler is charged with murdering her minister husband Matthew Winkler back in March.