CASS COUNTY — A former Colts player and his wife are still ineligible for bail even after an emergency hearing on Thursday, during which their lawyer said the couple is being held in jail unconstitutionally.
Daniel Muir faces charges of obstruction of justice and domestic battery, and Kristen Muir faces charges of obstruction of justice after their 14-year-old son was found at their Logansport home.
On July 8, the Muir's lawyers filed a Petition for Writ of Habeas Corpus, stating that Muir's detention is unlawful.
The Muirs were arrested on July 3 and were both denied bond, with Daniel cited as a flight risk, according to a Cass County judge.
However, their lawyers say that denying the couple bail was "unconstitutional under both state and federal law."
During an emergency meeting on Thursday in Cass County Superior Court, the judge ruled that Daniel and Kristen Muir will remain behind bars with no bond for the foreseeable future.
The judge says this is not against the law because it is happening under the warrant they were arrested on.
The Muir’s lawyers brought their unlawful detention arguments to superior court, which is not the court handling the criminal case, to try and free their clients faster.
However, the judge chastised them for going around the judge who knew the case and sent their unlawful detention plea back down to circuit court.
The Cass County prosecutor says the hearing was “talking in circles for an hour” and called the Muir’s lawyers’ argument “ill-conceived.”
However, the Muir’s lawyers believe their clients are having their liberties taken away the longer they remain in jail with no bond.
The Muir’s are scheduled to have a bond hearing next Tuesday.
Allegations of Abuse
The son of the former Colts player was missing for two weeks.
A Silver Alert was issued for the teen who was last seen leaving his Grandma's house in Ohio.
According to court documents, Cheryl Wright noticed the teen had a black eye as a result of a punishment from his father. The teen's uncle recorded a phone call with Daniel Muir asking why the teen was in trouble.
WATCH | Interview with the teen's grandmother from June
The father made allegations of inappropriate behavior by the teen and told the uncle he "whooped his ass like a grown ass man," according to court documents.
A probable cause affidavit states Daniel Muir provided Indiana State Police with a video of the teen in a undisclosed wooded area. In the video, the teen can be seen saying, "my father did not punch me in the eye."
According to court documents, Daniel Muir told investigators the teen was punched by an "unknown individual" and that's when they decided to take him to his grandmother's house for a few days.
However, they brought him back to Indiana after Cheryl Wright was "making decisions Kristen Muir did not agree with."
WATCH PREVIOUS COVERAGE | Logansport teen located, parents in custody in Cass County
On their way home from picking the teen up from his grandmother's house, Kristen and Daniel Muir were pulled over by police but the 14-year-old was missing from the vehicle, police say.
However, the mother and father's stories regarding the traffic stop were inconsistent when each were separately interviewed by police.
According to the probable cause affidavit, Daniel Muir admitted he took the teen to another location because DCS was looking for him and he wanted to protect his family. He would not tell police the location.
On Friday, June 28, Daniel and Kristen Muir agreed to meet with Indiana State Police investigators but later backed out.
