A Calhoun County judge during a hearing Tuesday declined to give an Anniston man a bond in his capital murder case.
Frost, 73, and Moody, 23, were beaten and shot to death after someone broke into their home on Rabbittown Road just before dawn on July 23, authorities have said. A vehicle stolen from the home, identified as Moody’s Nissan Altima, was found abandoned and burned later that morning in Piedmont.
Briskey fled Calhoun County shortly after the shooting with Sicondria Carter and was found by U.S. Marshals in August at a motel in Virginia. Carter was charged with hindering prosecution in the case. Rhimington Otarvis Johnson, also a suspect in the case, fled and marshals have yet to find him.
Earlier this month, Briskey pleaded not guilty to the capital murder charge and not guilty by reason of mental disease or defect. During that arraignment, Circuit Judge Debra Jones declined to give Briskey a bond. Previously, his bond was set at $100,000 cash.
On Tuesday, one of Briskey’s attorneys, Fred Lawton, began by asking to continue the hearing for a later date to “secure witnesses to testify.”
Jones told Lawton he had substantial time to find witnesses, but the attorney said he had found some but they failed to show up for the hearing or said they weren’t coming.
“They said they could be here,” Lawton said.
“And you felt it not necessary to secure their appearance with a subpoena?” Jones said.
“I did not, your honor.”
One witness did show up about 10 minutes after Tuesday’s hearing was scheduled to begin but declined to testify. Michael Askew, Briskey’s other attorney, said they’d go forward with the hearing without witnesses.
Askew argued that his client was entitled to a bond.
“All persons shall be bailable according to the law,” Askew said. “Even someone charged with a capital offense is entitled to a bond. He has significant family ties to the area.”
Calhoun County Sheriff’s Office Investigator Bruce Butterworth testified during the hearing that Briskey had family in Virginia, where U.S. Marshals found him.
Calhoun County Chief Assistant District Attorney Lynn Hammond said Briskey’s attorneys provided no evidence that their client has significant ties to Anniston.
“We don’t know where he’d be, what he’d be doing, who he’d be living with. Ms. Frost is a living witness and she can identify him,” Hammond said, referring to the older victim’s wife. “We’d ask for her safety to give Mr. Briskey a no bond.”
Jones sided with Hammond.
“Based on the testimony, I find that there is a clear and strong evidence the offense was committed and the defendant is the guilty party,” she said. “I find this is a heinous and atrocious murder and the defendant will remain without bond until the trial.”