Barry County Associate Judge Michael D. Garrett, denied Adella Patton's bond reduction request at a hearing on Dec. 22.
Patton, of Exeter, is charged with the second degree murder of Kevin Madison, also of Exeter.
John Lewright, Patton's defense attorney, presented several reasons for the reduction of bond at the opening of the hearing.
"Not only did Mr. Madison brutally assault this person on this occasion, but he was previously in prison for assaulting the same person," said Lewright.
Lewright introduced three photographs that were taken of Patton after her arrest. The photographs displayed bruise marks on Patton's face and chest.
Lewright also stated that Patton is a life-long resident of Barry County who has health and medical requirements that can not be accommodated at the Barry County correctional facility.
Patton sleeps on a hospital bed because of disabilities, said Lewright.
"You are looking at a person that is in jail for defending herself," said Lewright. "A $250,000 bond is to punish Miss Patton ahead of time.
"Mr. Madison was a convicted felon," said Lewright. "She doesn't have a criminal record. We need to meet her needs to meet with us without the stress of taking her medication at the proper time."
Lewright asked that Patton be released on her own recognizance with requirements to check in with the Barry County Sheriff's Office periodically.
"There are other facts relating to the day in question," said Johnnie Cox, Barry County prosecuting attorney. "Such as Miss Patton's circumstances in the community and the family's concerns."
Cox has received letters, which were written by Patton, stating that she was never assaulted by Madison.
"I have four witnesses that, prior to Dec. 11, heard Miss Patton threaten to shoot Mr. Madison," said Cox.
Patton was angry that Madison went to Arkansas to spend time with another woman, said Cox.
"The deceased has a brother less than one-half mile from Patton's residence that believes that she has weapons and believes her threats will relay to him," said Cox. "Mr. Lewright can assure you all day long but the family has concerns regarding her prior behavior."
Patton can receive her medication by the time table of a doctor while in jail, said Cox.
"As to her need for a hospital bed," said Cox. "I imagine most people would feel discomfort sleeping in a jail bed whether they were used to a hospital bed or not."
Meetings can be set up with a psychiatrist, on request of a mental health provider, said Cox.
"The idea of checking in with the Barry County Sheriff is a nobel effort but not safe for the community," said Cox. "This motion is simply an attack on the victim without basis of why Miss Patton is a good candidate for reduction."
Patton's prior behavior is consistent with battered woman syndrome, said Lewright.
"Miss Patton is in jail being punished prior to due process of the law," said Lewright. "She is not a threat to society. Lower the bail so she can make it."
The court will consider applications for transportation to medical or mental physicians, said Garrett.
"Regardless of the statements made about the deceased, it doesn't change the fact that he is deceased," said Garrett. "The bond should remain full force in effect. I will do everything possible to set a preliminary date."
Patton's preliminary hearing has been tentatively scheduled to be held in January of 2006.