TAMPA, Fla. — Monday’s hearing was triggered by Gerald Declan Radford's attorneys, who asked the judge to reconsider granting pretrial release.
But to secure a new pretrial detention hearing, they would have to show the judge that new material evidence was available that wasn’t available when bond was denied in early March.
Radford wore a full beard for the first time at Monday’s hearing.
He’s been held in protective custody in the Hillsborough County Jail since he was arrested for the murder of Walt Lay on March 8th.
Radford’s attorneys called for the hearing, hoping Judge Barbara Twine Thomas would reconsider granting him pretrial release.
“The defense can have the court hear testimony and evidence in order to determine whether or not, in this case, Mr. Radford is a flight risk and is a danger to the community,” attorney Matt Futch said.
“You have a responsibility to not only show the information is new, but what is newly discovered has a material bearing on the findings the court has previously made,” Judge Thomas said at the beginning of the hearing.
Radford fatally shot Lay at a Tampa dog park on February 2nd.
Witnesses reported to law enforcement that Radford repeatedly taunted Lay for being gay.
And Lay sent a video to Kim Wolfey the day before he died saying Radford threatened to kill him.
Radford’s attorney, Matt Futch, said Radford shot Lay in self-defense, and the sheriff’s office believed that was the case before public pressure from Walt’s friends led to him being charged.
Futch said he recently became aware of a press release sent out by the sheriff’s office.
“There was a press release four days after the offense.. or the alleged offense... indicating all parties involved have been identified, and there is no danger to the public,” Futch said.
The lead detective denied he was consulted about the press release, and Assistant State Attorney Justin Diaz argued it was irrelevant.
“I would like to note that that’s four days after the event. That’s before the autopsy results are finalized. That’s before some of the interviews Mr. Radford gave. That’s before Mr. Radford’s March 7th interview, where he mysteriously starts remembering facts that he had forgotten,” Diaz said.
“The court finds a press release is just that... a press release by law enforcement to allay the concerns of the community is not necessarily evidentiary, and it’s not a basis where I will make a recommendation,” Judge Thomas said.
Radford will remain in the Hillsborough County Jail without bond for the time being.
“It was a big relief, and I know it’s going to be for his family as well,” said Walt’s friend Kim Wolfey, who attended the hearing.
Radford’s next court hearing has been scheduled for August 8th.
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