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Brad Simpson's attorney files motion for examining trial. What that means about his chance of leaving jail

Simpson was charged with murder when detectives determined they had enough evidence to charge him in Suzanne's death.
Evidence against the husband of Suzanne Simpson as well as his alleged abusive behavior are detailed in a newly released arrest affidavit.

SAN ANTONIO — Lawyers for Brad Simpson, who is facing a murder charge in the disappearance of his wife, filed a motion that could result in his release from custody.

Simpson was arrested on Oct. 9, just days after his wife, Suzanne Simpson, was reported missing. He was initially facing family violence charges after a witness claims to have seen him attempting to restrain Suzanne the last night she was seen alive. But, he was later charged with murder when detectives determined they had enough evidence to charge him in Suzanne's death, despite her remains being . A murder warrant released Tuesday says investigators believe Simpson spent the day after she was last seen hiding her remains. 

According to online records, on Thursday, Brad Simpson’s public defender filed a motion for an examination trial. That means they want a hearing to go over evidence to prove it is strong enough for a grand jury and indictment.

All defendants in Texas have a right to request an examining trial, which usually happens early in a criminal case, according to a Dallas legal resource. The hearing is in open court where evidence can be introduced, but there is no jury and there is no formal issuance of guilt. State statutes say the judge can determine one of three outcomes, which are committing the accused to jail, discharging him or admitting him to bail.

The judge has not ruled on that motion yet. Brad remains in the Bexar County Jail with a $3 million dollar bond. 

This is a developing story and further details will be added as they are received.

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