Michelle Parker case: Dale Smith Jr. pushes for release on bond

Our top story tonight, could we see the man accused of killing Michelle Parker walk out of jail? Thanks for joining us. I'm Manny Martinez. Good evening, everybody. I'm Luann Sorrell. Dale Smith Jr.'s attorney is fighting to get him out of jail. Michelle's body has never been found, and that's one of the big reasons why there will be a bond hearing next month. Chancellor Wynne joining us live tonight. So, Chancellor, explain all of this to us. Luann, so it all boils down to the fact that here in Florida, anytime someone is facing life behind bars like Dale Smith Jr. is with a second-degree murder charge, you are not automatically granted bond. But now his defense team is gearing up for what's known as an Arthur hearing to try to get him out of jail before trial. To keep him behind bars without a bond, prosecutors have to clear a hurdle that legal experts say is even tougher than what's required at trial. Smith's defense attorney filed a 20-page motion arguing the state cannot even come close. The defense points to major evidentiary gaps. Michelle's body has never been found. And searches of Smith's home and his truck produced no blood or DNA. I spoke with defense attorney Michael Piniella, who is not associated with this case, And he says prosecutors are are allowed to use evidence they usually cannot present at trial. The difference at an Arthur hearing, though, is the state is able to bring in what we call hearsay, affidavits and things that aren't exactly proven in order to make out their case. And so while the burden is technically as high or maybe even higher than it is at trial, the way they're able to make their presentation is a little bit easier for the state than it otherwise would be in a trial. So at the Arthur hearing in December, prosecutors can't simply say we have enough evidence to arrest him. They have to prove their timeline virtually beyond a reasonable doubt. Chancellor, you know, some people at home are probably thinking this guy's charged with murder. So how does the law or judge justify letting someone walk out of jail on bond when they're facing charges this severe? Yeah, so I actually asked Michael Piniella a very similar question, and he says it really comes down to the fact that this man has been out of jail for more than a decade, and he has not been a danger to society. He's entitled to an Arthur hearing, and if the state can't prove his guilt by evidence and presumption great standards, then he should be released. I mean, after all, according to the facts of this case, he's been out for 17 years, 15 years, whatever it is, without killing anyone. Why all of a sudden would he be a danger to the community when he wasn't for the last decade and a half? So it's really all about convincing the judge that the state has undeniable proof right now. Even if the judge does decide to grant the bond to Smith Jr., they can do so with some expectations such as house arrest or taking away his passports or even putting an ankle monitor on him. Of course, we're going to find out in early December once this Arthur hearing actually happens. Reporting live, I'm Chancellor Nguyen, Fox 35 News.