As an accused murderer in Wapello County awaits a third trial, his attorneys are asking the judge to reduce his bail.
Seth Techel is being held on a $750,000 cash only bond. The 23-year-old has spent the last 18 months in jail charged with killing his pregnant wife.
The first two trials ended in hung juries.
"Through two trials, the state has failed with its burden of proof. Under those circumstances your honor, it is our position that his continued incarcerated at $750,000 bond does violate his Due Process Rights," says defense attorney Steve Gardner.
Techel’s attorneys requested a $75,000 cash surety bond, Monday.
"He has narrowly missed convicted twice which would result in him being incarcerated for the rest of his life. That increases his risk of absconding," says Assistant Attorney General Andy Prosser.
State prosecutors argue not only is Techel a flight risk, his wife's family fears for their safety.
“The defendant is charged with murdering their relative while she slept in bed that makes them nervous that if he would do anything,” Prosser argued.
Gardner rebuked, “He has no history whatsoever of any violent behavior or him being a danger to others.”
The judge has yet to rule on Techel’s bond, the date and location of the third trial and whether to excuse Techel’s attorneys from the case.
The state says it is ready for a January 6th trial. It suggested Iowa County as a possible venue. Lee and Keokuk Counties were also discussed for Techel's third trial.