Technicality could result in capital murder suspect's release - WAFF-TV: News, Weather and Sports for Huntsville, AL

Technicality could result in capital murder suspect's release

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A judge approved bond for Battle after he said he wasn't in court within the standard 48 hours post-arrest. A judge approved bond for Battle after he said he wasn't in court within the standard 48 hours post-arrest.
HUNTSVILLE, AL (WAFF) -

A court mistake could lead to a murder suspect getting back out on the street in Huntsville.

Anthony Ray Battle, charged with capital murder, now has a bond set after the system failed to put him before a judge within the required 48-hour time limit.

Typically, a capital murder suspect is held without bond.

Madison County District Attorney Rob Broussard said incidents like this are likely due to a mix-up in the court system, something he calls "frustrating."

Broussard thinks it might have something to do with the volume of Madison County cases but it is out of his hands. The DA said his office is not responsible in setting the time for these hearings. He said despite the low bond and the chance the suspect could now get out of jail, he said it really doesn't change much.

"It's not something that keeps me awake at night, worrying that here's one particular case where somebody is on the street because the vast majority of folks charged with murder are going to be on the streets pending trial," he said.

At last check, Battle is still listed as an inmate at the Metro Jail.

A similar technicality led to the reduction in bond of a man charged with attempted murder. Olusola Kuponiyi is accused of trying to kill a Huntsville police officer last August. Nobody brought him before a judge after his arrest, and after his attorneys made the discovery, the judge granted him the lowest possible bond.

It is not yet known if the prosecutor in the Battle case plans on filing any motions related to the bond reduction. WAFF legal analyst Mark McDaniel said the DA's office can request a new bond if a grand jury indicts the suspect on the capital murder charges, which could take weeks or even months to occur.

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