Stephen McDaniel at a court hearing on January 25.
Lawyers for accused killer Stephen McDaniel argue that he should be released on bond.
In a motion filed Thursday in Bibb County Superior Court, they argued that District Attorney Greg Winters failed to take McDaniels' case to a grand jury within 90 days after his arrest.
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They're asking a judge to set reasonable bond.
McDaniel is charged with killing Lauren Giddings, his downtown Macon neighbor and fellow Mercer law student, back in June.
He was indicted in November.
But Winters said last year that because McDaniel faced other charges, like burglary and child pornography, that gave him additional time to investigate the case before the 90-day rule kicked.
McDaniel was charged in late August with possessing child pornography, and he said prosecutors had 90 days after that before McDaniel could get bond.
Franklin Hogue is one of the lawyers representing McDaniel. He says he'll ask a judge to set his client free.
He said, "We asked for a hearing, and at that hearig, we'll present evidence that Stephen does not pose a risk of flight or a danger to any other person in the community."
Hogue says McDaniel is assisting his lawyers with the case from jail and his health is good.
"He's fine, as fine as anybody can be having lived in the county jail for nine months. He's holding up well"
We could not reach Winters for comment Thursday.