SAN ANTONIO — The man arrested and accused of trying to help Brad Simpson hide a gun appeared in court Monday.
Attorneys for James Cotter are fighting to get his bond reduced. Cotter was arrested two weeks after Brad's wife, Suzanne Simpson, disappeared from their Olmos Park neighborhood on Oct. 6.
No decision was made Monday, so the hearing has been moved to Tuesday afternoon as the judge considers Cotter's financial situation, an argument the state brought against the defense.
Cotter's defense claimed his bond amount, which totals $1 million for his charges of tampering with evidence and prohibited weapons, is “unconstitutional."
“The entire purpose here is to keep him in jail as long as possible to try and force him to cooperate, and that’s not the basis of bail bonds in the State of Texas," the defense claimed. "That’s not legal."
His attorney has asked that each of the two $500,000 bonds be reduced to $25,000, claiming Cotter is not a risk to the community.
He also noted the bond condition where if Cotter does bond out, he will be required to be monitored at home by GPS.
The state returned with evidence of conversations between the defense and Brad Simpson.
“The text messages (the judge) read in the affidavit… He was willing to meet him and hide his fully automatic machine gun," the state claimed.
They used this to show he would “go far enough to protect Brad," making him a threat to the community, according to prosecutors.
Cotter’s financial status also came into question as the judge weighed his constitutional rights, responding to the defense.
“Your statement is these bonds are on their face egregious, therefore his finances shouldn’t be an issue," the judge offered.
So the defense asked to have Cotter’s family flown in to testify regarding his financial status Tuesday afternoon, effectively delaying a decision.
The state objected to the continuance.
“The defense has had ample time to prepare this evidence… several weeks," prosecutors said.
On Tuesday, they’ll head back to court for a decision. Cotter's family is expected to testify.
Meanwhile, Brad Simpson will be arraigned next Nov. 13.