Defense Attorney Richard Kammen told The Brazil Times outside the Clay County Circuit Courtroom Aug. 13 that he was attempting to point out the inconsistencies in the state's case against his client.
Lovett, 37, Brazil, was taken into custody in March because of an indictment filed by the Grand Jury on two formal allegations of murder and initially incarcerated with a $200,000 bond, with10 percent allowed.
He was released on bail from the Clay County Justice Center April 16 after raising $20,000 for his bail. But, shortly afterwards, an improper hearing process was discovered when the initial bond was set. Lovett voluntarily turned himself in to authorities at the Clay County Sheriff's Department without incident on May 12 when the court revoked his bond.
According to Circuit Court Judge Joseph Trout, Lovett and his defense counsel had "a legal right to challenge evidence presented by the prosecution" during an evidentiary hearing.
Although the proceedings during Aug. 12-13 are not part of the potential murder trial, Kammen presented and questioned witnesses about "one-sided" information provided during the three-week Grand Jury proceedings in February.
He questioned why the state left out information provided from several sources during the 20-year investigation that should have led to suspects other than Lovett.
Prosecuting Attorney David N. Powell believes the state's case is solid and used Indiana Code 35-33-8-2(a) to state that position in court documents.
According to the State's Memorandum of Law filed in Clay Circuit Court, "Murder is not bailable when the proof is evident or the presumption strong" and "a person charged with murder has the burden of proof that he(she) should be admitted to bail."
Scheduling conflicts didn't allow time for the testimony of a professional pathologist until today.
Trout told The Brazil Times that a decision should be made about Lovett's bond reduction after today's proceedings.