January 16, 2014 at 4:16 PM, updated January 17, 2014 at 3:26 PM
Richard Shahan(Jefferson County Jail)
BIRMINGHAM, Alabama - Bond for the former Homewood pastor charged with murder in his wife's stabbing is set at $100,000 after prosectors said he tried to leave the country to marry his boyfriend. If Richard Lee Shahan makes bond, he must remain on house arrest, a judge ruled.
Shahan, 53, appeared for a hearing Thursday afternoon before Jefferson County District Judge Sheldon Watkins. Shahan is represented by Wendell Sheffield and John Lentine. Deputy Jefferson County District Attorneys Laura Poston and Leigh Gwathney are prosecuting the case.
Gwathney said that information obtained from more than 3,000 of Shahan's emails indicated that he was planning to leave the country and never return. He was heading to Kazakhstan via Germany and ultimately planned to move to the United Kingdom, she said.
"He planned to become a citizen there and begin a new life with his boyfriend... who he intended to marry," Gwathney said. "He had no intention of ever returning to the United States. He had no home to return to and he had said his goodbyes to his family."
Sheffield and Lentine contested prosecutors' claims that Shahan was leaving the country for good and questioned whether the state has "direct evidence" of Shahan's involvement in his wife's death. "They are doing everything they can to try to manufacture a murder case," Lentine said. [Click here to see what others are saying about the latest allegations against Shahan.]
Shahan has been held in the Jefferson County Jail without bond since his Jan. 1 arrest. His attorneys a week ago filed several motions, including requesting that a judge set bond.
Watkins set Shahan's bond at $100,000, under the conditions that he must remain on house arrest and submit to electronic monitoring. A preliminary hearing is set for Feb. 5. Shahan's attorneys requested a bond no higher than $30,000, while prosecutors adamantly requested that he remain in jail without bond, saying he is a flight risk.
Sheffield and Lentine disputed the representation of Shahan as a "fugitive from justice," saying he had announced his plans to travel and conduct mission work months earlier.
"Our client had made plans to go on a mission trip," Sheffield told the judge. "(Prosecutors) are wanting you to overlook the fact that he had told everyone of his plans."
"To argue that a person not told at the time they left that they were going to be arrested is a flight risk, their evidence doesn't even come close," Lentine said.
Shahan was arrested Jan. 1 at a Nashville airport while trying to board a plane to Germany, extradited and returned to the custody of Jefferson County last week.
His attorneys also requested that the possessions that were seized at the airport be returned to Shahan. Those items included luggage, $27,000 in U.S. and foreign currency, a phone and various hard drives and thumb drives.
Sheffield and Lentine specifically sought the return of the money, saying that it was personal money from his job. They argued that the state had no legitimate reason to hold the funds unless prosecutors could present evidence that it was contraband or was related to Karen Shahan's death.
Watkins ruled that the U.S. currency should be returned to Shahan, but the other money - pounds, euros and Kazakhstani currency - will not be turned over.
Watkins also agreed to write a motion preserving evidence after defense attorneys expressed concerns about evidence being misplaced and the number of agencies involved in the investigation.
Shahan made his initial court appearance Jan. 9 by video for a 48-hour hearing, during which a judge read the charge against Shahan and informed him of his right to a preliminary hearing.
Sheffield and Lentine have said that the statements implying that Shahan was fleeing the country are disingenuous because he had announced plans for a mission trip months earlier.
In December, several newsletters and prayer cards indicated that Shahan was planning a three-year mission trip with Bible Mission International in Frankfurt.
Shortly after his release, the pastor took paid administrative leave from his post as Children and Families Pastor and the Facilities Director at First Baptist, and he resigned Dec. 31.
Exact details as to why Shahan was charged at this point in the investigation are still limited, but Homewood police confirmed that investigators were able to establish motive but are not able to elaborate at this point because the investigation is ongoing.
State says murder suspect planned to wed boyfriend
Prosecutors claimed in court Thursday that Alabama Baptist minister Richard Shahan was on his way to Europe to marry his boyfriend when police arrested him in Nashville, Tenn.
By Bob Allen
Prosecutors say a former minister at First Baptist Church in Birmingham, Ala., charged with his wife’s murder, was trying to leave the country prior to his Jan. 1 arrest to marry his boyfriend.
The latest twist in a story that has received worldwide media attention came Jan. 16 in a bond hearing for Richard Shahan, 53, who resigned recently as children and families pastor and facilities director at First Baptist, reportedly to head overseas for three years of mission work in Europe and Central Asia.
Prosecutors said information gleaned from more than 3,000 of Shahan’s e-mails indicate he was planning to leave the United States for good, ultimately moving to the United Kingdom.
"He planned to become a citizen there and begin a new life with his boyfriend ... who he intended to marry," Deputy Jefferson County District Attorney Leigh Gwathney said, according to the Birmingham News. "He had no intention of ever returning to the United States. He had no home to return to and he had said his goodbyes to his family."
Jefferson County District Judge Sheldon Watkins set bond for Shahan at $100,000. If he makes bail, he must remain on house arrest and submit to electronic monitoring. A preliminary hearing is set for Feb. 5. Shahan is accused of fatally stabbing his wife at the Homewood, Ala., home they rented from First Baptist Church in July. Police earlier said they had established a motive, but it had not been made public before Thursday’s hearing.
The prosecution’s theory appears similar to the 2010 murder conviction of Matt Baker, a Baylor University graduate and pastor of several Texas Baptist churches who was convicted of killing his wife and making it look like a suicide because he planned to marry his mistress and believed a divorce would harm his ministry career.
Baker is serving a 65-year prison sentence in a high-profile story that was featured on ABC’s “20/20” andt inspired a Lifetime movie, “Sins of the Preacher,” which first aired in September and is scheduled for rebroadcast on Feb. 9.
Another detail that emerged at Thursday’s hearing is that Shahan was carrying $27,000 in U.S. and foreign currency when Homeland Security officials detained him at the Nashville International Airport attempting to board a flight to Germany.
The judge ordered return of the U.S. currency but said the other money — pounds, euros and Kazakhstani currency — could be held as evidence.
Shahan’s lawyers disputed his representation as a fugitive from justice, saying he talked openly about his plans to do mission work overseas for months. They also questioned whether the state has any “direct evidence” of their client’s involvement in his wife’s death.
"They are doing everything they can to try to manufacture a murder case," Attorney John Lentine said, according to the Birmingham News.