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Published Saturday, October 31, 2009 in Local

$3 million bond set for man accused of killing his wife

By Elizabeth Richardson

The Times-Herald

Coweta Superior Court Judge Quillian Baldwin Friday set bond for 61-year-old Alec Bryant McNaughton at $3 million.

McNaughton is charged with malice murder, felony murder and aggravated assault in the Feb. 15, 2009, killing of his wife, Cathy Lorraine Mendenhall McNaughton, 54, at the couple's north Coweta County home.

Baldwin had denied McNaughton bond on July 17. However, he warned the prosecution that if McNaughton's trial hadn't started by the end of October, he would reconsider a bond.

McNaughton's co-counsel, Coweta attorney Mike Kam, argued before the court at Friday's hearing that the defendant be given a $100,000 bond, as is the precedent set by the two most recent murder cases in Coweta County.

Kam said that "high bond would be tantamount to no bond."

Kam went on to argue that McNaughton wasn't taken into police custody until 12 days after his wife's murder and that if he were going to flee, it would have been during that time.

Coweta Judicial Circuit Assistant District Attorney Kevin McMurry told the court a trial date has not been set because the Georgia Bureau of Investigation has not completed its investigation. The GBI has been asked to test more than 100 pieces of physical evidence, according to the prosecutor. McMurry anticipates a trial date in early 2010.

McMurry acknowledged the law required the court to give McNaughton a bond but asked that a bond in excess of $2.5 million be set to deter him from fleeing.

"This is not your garden variety murder," said McMurry. "[The victim was] severely and violently attacked."

Authorities have testified that Cathy McNaughton was killed in a "fit of passion." They say she was fatally stabbed 20-30 times, the majority of the wounds inflicted post-mortem.

On Friday, McMurry called the attack "calculated," saying the victim's killer took the time to clean up the crime scene.

The prosecution also argued that McNaughton is a flight risk.

McMurry told the court about an incident in Oklahoma in 2003 when McNaughton -- then a practicing lawyer -- surrendered his bar license after allegedly taking money illegally from his clients. McMurry alleges that the defendant had a Swiss bank account and had purchased tickets to Switzerland. McNaughton allegedly sent the money back to avoid prosecution and did not go through with his plan, according to McMurry.

McMurry said McNaughton has demonstrated a "propensity to violence," including allegedly threatening his ex-wife and daughter with a shotgun.

The victim's daughter, Heather Mendenhall, told the court that McNaughton has "a history of violence both professionally and domestically." She cited examples, including a hit-and-run incident that occurred since the defendant has lived in Georgia.

Because McNaughton has "no ties to this area" and "owes the IRS over $100,000," Mendenhall suggested that he has nothing left to lose.

"We fear for our safety," she told the court on behalf of her family. "Why should we suffer because the prosecution failed to set a trial date? I am pleading to keep this man behind bars."

Anita Cramer, McNaughton's sister, testified that Alec was violent toward his four siblings growing up.

"I'm frightened of Alec," she told the judge at Friday's hearing.

Cramer added that he sends three to five letters a week to their mother, who is 81 years old. She said the letters are "manipulative" and that he has asked for the last of her money to provide for his defense.

Cramer recalled the 2003 Oklahoma incident and that her brother had told her he could "live well in South America" if need be. She also identified his handwriting in a letter to his ex-wife that detailed his financial problems and possible plan to leave.

Kam pointed out that the alleged violence Cramer spoke of as children was over 50 years ago. Also, McNaughton's mother visits him once a week at the Coweta County Jail. Kam also said McNaughton has to borrow money because he transferred his property into the victim's name prior to her death and now that property is the subject of an estate battle.

The victim's sister called McNaughton a "manipulator."

"He manipulated the crime scene and he's manipulating the court system now," she said. She said her family is "absolutely terrified" of the defendant, and that he had allegedly made threats to kill people before.

"In this country, you are innocent until proven guilty," said Judge Baldwin. He conceded, however, that if ever there was incentive for flight, these would be the circumstances.

"He has a history of very poor decisions," said Baldwin. "He may explode at any time and do something to someone else."

The judge was also concerned that the defendant might try to "coerce" witnesses, "particularly his mother."

Baldwin set the $3 million bond and required it be handled through a professional bondsman. McNaughton will be limited from traveling outside the state, if he's able to post bond. The prosecution will retain custody of his passport. He is forbidden from contacting witnesses or the family of victim. He also can't have any weapons.

The judge, however, denied the prosecution's request that McNaughton be fitted with an ankle monitor.

Kam argued that, since McNaughton is co-counsel in his defense, the court can't forbid him from contacting witnesses because he has the right to represent himself. The judge instructed Kam to contact the witnesses, but then agreed to study the law further to make a judgment.

Kam pointed out that if McNaughton is unable to post bond, he is not privy to the bonding restrictions and can therefore continue to write letters to whomever he wishes.