PROVO — Citing the dangerous combination of alcohol and firearms suspected to have contributed to his wife's death, a judge will continue to hold Conrad Truman on $1 million bail.

Following a vigorous presentation by the defense challenging evidence in the investigation, 4th District Judge Samuel McVey said he still sees probable cause that the shooting death of 25-year-old Heidy Truman was a homicide, and that protecting the public from harm warranted a high bail.

"I think this is the only way to protect society from the deadly combination of alcohol and weapons," the judge said.

Conrad Truman, 34, was granted a new trial this month after being convicted of his wife's 2012 murder. Heidy Truman was found with a single gunshot wound to her head in the couple's Orem home on Sept. 30, 2012.

Conrad Truman has long maintained his wife shot herself. Recent revelations that the crime scene measurements taken by police and presented at trial were off by 2 feet, at the time making Truman's account of where his wife was when she was shot implausible, prompted McVey to toss the 2014 conviction.

Questioning whether charges should have ever been filed in the case, defense attorney Mark Moffat cited the inaccurate measurements as well as concerns about gunshot residue evidence on Heidy Truman's right hand, a now abandoned theory by investigators that the killing was financially motivated, and claims that Conrad Truman's erratic behavior as police responded to the scene was suspicious rather than a sign of trauma.

"This case is going to be built primarily on speculation," Moffat told the judge.

Moffat had asked that Conrad Truman's bail be reduced to $250,000 cash or a $400,000 lien on his family's property, insisting that his client is neither a flight risk nor a danger to the public.

"We think that the evidence in this case establishes Mr. Truman is innocent. We've said that all along," Moffat said following the hearing, disputing the court's finding that probable cause exists in the case.

Conrad Truman, who is serving a 15 years to life sentence, will remain at the Utah State Prison as he awaits the 16-day trial scheduled to begin Nov. 1.

"He's bummed out. He's upset," Moffat said of Conrad Truman's reaction to the judge's decision. "He stood up at the time that he was sentenced and told the court he didn't commit this offense, and all the evidence we have uncovered suggests that he's right."

Collette Dahl, Conrad Truman's sister, said her family has tried to remain hopeful but was unsurprised at the judge's decision. Dahl, who backed her brother's claims of innocence, said she sees evidence of bias in the line McVey has drawn between alcohol and the shooting.

"I think the repeated mention of alcohol when there was no law broken seems unnecessary to me," Dahl said. "Yes, they had been drinking, but to automatically assume that two law-abiding adults have done something incorrectly by being in their home and having been drinking, I just can't understand that."

Related

New trial set for Orem man convicted of wife's 2012 death

A new trial date was set Monday for a man whose murder conviction was overturned due to measurement error.

Heidy Truman's family, who appeared dressed in purple for the hearing, believe the 25-year-old died a victim to domestic violence. Her mother, Janet Wagner, praised the judge's decision to keep Conrad Truman behind bars as they prepare to endure a second jury trial.

"I think we go into a protective mode and we kind of bubble up, because the trial is horrendous, but we are in it for the long run, and we are thankful and hopeful for the same outcome," Wagner said.

Wagner is unconvinced by her former son-in-law's claims that he is innocent.

"It's typical. He's done it from the beginning. We think he has some issues that keep him from taking responsibility," she said. "He has never mourned my daughter. He never cared that she was gone."

Utah County deputy attorney Tim Taylor, who is joining the case for the trial, argued that bail should remain at $1 million. He maintained that Conrad Truman's reaction that night — threatening medical personnel if they didn't save Heidy Truman's life and explaining at different times that his wife had shot herself accidentally or was struck by a bullet that came from outside the house — could have been an attempt to deflect police away from his own actions.

Acknowledging the measurement mistakes that prompted the new trial, Taylor said prosecutors are re-evaluating all aspects of the investigation in advance of the trial. A plea bargain is not currently being negotiated, he said.

"We're not going to come up with anything fancy, any fancy theories or anything like that. We're just going to present all the evidence that we have," Taylor said.

Related topics