VIRGINIA, Ill. - Judge Bob Hardwick granted a defense motion to reduce bond from $5 million to $3.5 million, which means Curtis Lovelace will soon be out of jail and under home confinement while awaiting his second trial.
Lovelace's wife, Christine, shed tears of joy inside the courtroom. Lovelace smiled widely, and joy from his supporters was evident.
Rich and Libby Herr posted 10 percent of the bond, or $350,000, after the hearing concluded.
Lovelace will be under SCRAM and GPS monitoring, which will cost $18.75 per day. He will be allowed to attend church.
Lovelace was transported back to the Hancock County Jail after Monday afternoon's hearing. The GPS monitoring system will not be placed on Lovelace until Tuesday at the earliest and it takes time for that paperwork to be processed.
The second trial is officially set for Oct. 24. The next status hearing will be Sept. 8.
The defense also won several key rulings on state motions to squash subpoenas that the Exoneration Project had issued.
The defense will be able to get phone records of Quincy detective Adam Gibson. The defense believes communication between Gibson and Erika Gomez, Lovelace's second wife, led to the new investigation into Cory Lovelace's death.
This story will be updated.
QUINCY -- Monday could be Curtis Lovelace's homecoming.
The Quincy attorney and former member of the Adams County state's attorney's office accused of first-degree murder in the February 2014 death of his wife, Cory, will be in the Cass County Courthouse in Virginia for a motion hearing at 2:30 p.m. Judge Bob Hardwick is expected to rule on an unopposed motion to reduce Lovelace's bond from $5 million to $3.5 million. He has been jailed since an Adams County grand jury indicted him on Aug. 27, 2014. Lovelace, 47, is accused of suffocating Cory D. Lovelace with a pillow.
Monday marks Lovelace's 650th day in jail, most of that time has been spent in the Hancock County Jail because of security concerns at the Adams County Jail. Last week, Lovelace's attorneys with the Exoneration Project said supporters of Lovelace have the necessary funding to post the $350,000 cash should Hardwick agree to lower Lovelace's bond. Hardwick denied a motion to reduce Lovelace's bond at a May 6 hearing.
The defense's request is framed differently than its previous request. Should Hardwick grant the motion, Lovelace would be subject to home confinement with the exception of being able to attend church with his family on Sundays. The defense is also seeking relief for Lovelace to find employment outside the home. The prosecution does not oppose the reduction if those stipulations are added.
Hardwick also will hear arguments on several motions filed by the prosecution last week. Special prosecutor Ed Parkinson is seeking to get eight subpoenas issued by the defense quashed. The defense is seeking information from the Quincy Police Department, detective Adam Gibson, the Adams County Coroner's Office, Blessing Hospital, Carle Health, Hansen-Spear Funeral Home, Memorial Medical Center and Quincy Medical Group. Lovelace's defense team is trying to get documents that might be admissible in the case.
Jon Loevy, who is heading up Lovelace's defense team, was concerned with the state trying to block the defense's attempt to gain information about the case.
"We are surprised and disappointed that the state is trying to block the discovery of information into the real cause of Mrs. Lovelace's death," Loevy said. "We want to get all of the facts on the table."
The sides were supposed to have a motion hearing on June 17 in Adams County. It is unclear whether that hearing will be necessary. The defense is also in the process of deciding whether it will ask for a change of venue for Lovelace's second trial in the case. The first trial ended after two weeks in early February with a mistrial declared by Hardwick after the jury was hung.
The defense is also waiting to receive full transcripts from the first trial. The Adams County Circuit Clerk website shows transcripts for seven days have been finished with three days still outstanding.
The retrial is scheduled to start on July 25, but that date is in doubt. It is possible that Hardwick could decide Monday that a backup trial date of Oct. 24, a two-week window that he blocked out at the May hearing, will be the new trial date.
Follow whig.com for the latest information on the case.