WICHITA, Kan. (KWCH) Update: Wednesday, March 14, 2018
A judge has denied a motion to reduce bond for Emily Glass.
Glass is the stepmother of missing five-year-old Lucas Hernandez.
Prosecutors said the ongoing investigation made Glass a flight risk. The judge agreed.
Court documents state Wichita police arrested Glass for smoking marijuana while caring for her one-year-old daughter. The next day, Feb. 17, Glass reported Lucas missing.
The judge did say Glass could see her daughter who is now in someone else's custody. The visitation must be governed by a judge due to the child in need of care case.
Glass will remain in the Sedgwick County jail on a $50,000 bond for child endangerment.
Monday, March 12, 2018
The stepmother of Lucas Hernandez is asking the judge to reduce the $50,000 bond she's being held on for child endangerment.
Emily Glass was arrested on Feb. 21. She's been in jail since on the single misdemeanor charge.
On Friday, Glass' attorney filed a motion to reduce her bond or allow her to get out of jail on her own recognizance ("O.R.").
The court document says the charge is that Glass allegedly endangered her minor child and that does not support the current bond amount.
"A similarly situated Defendant would not likely receive the same bond," says the document.
It says if Glass were convicted of the crime, her penalty would only be $2,500 and 12 months in prison.
The document goes on to say Glass is a stay at home mother and lacks the funds to make bail. It says she is not a flight risk and once released, will return to her current residence where she resides with her husband.
The court paperwork asks the judge to dismiss the conditions of Glass' bond in which she is not to have contact with people with JAH, LH and MH.
The document says Glass is a party in a Child in Need of Care case in Sedgwick County District Court and needs to have contact with those people in order to work her case.
The document also says minor child involved in the child endangerment case is now in the custody of the State of Kansas, and that Glass does not pose a threat to "the community at large or her minor child."
Attorney Charley O'Hara says on the surface, it appears Glass' bond is too severe fro the crime she's currently charged with.
"The only crime they ever charged her with is a misdemeanor for a child, other than Lucas Hernandez," O'Hara says. "She ought to only be held on a bond for that charge, not on speculation."
O'Hara says any reason for setting a bond so high must be supported in fact.
"Obviously, if there is a reasonable basis for her not having contact with people, that she is going to influence witnesses or do something, that might be appropriate," he says.
A judge is expected to hear the motion on March 16 at 9 a.m.