Judge Denies Restoring Bond For Anne Mae Demegillo Following Murder Indictment In Newborn Death

Circuit Judge Dawn Nichols this afternoon denied the defense’s motion to reinstate Anne Mae Demegillo’s $250,000 bond now that Demegillo has been indicted on a first-degree murder charge in the death of her newborn last month. 

“There’s only one penalty if found guilty, and that’s life in prison in this case,” Nichols said before her ruling. “And the court does, in fact, find that State has met its burden with respect to the findings that were made at the original hearing. That was based upon an aggravated manslaughter charge. The stakes are certainly much, much higher in this case. The state hasn’t presented anything to the court other than what was at that prior hearing.”

There hadn’t been. Not yet, though Demegillo’s attorney tried to make an argument for bond. 

“Nothing has really changed other than the first-degree murder indictment,” Politis argued to the judge. “ She’s not in danger of the community. She’s not a flight risk. She’s already surrendered. her passport. She still has medical needs to attend to, she still has counselors and doctors to evaluate and things like that. She just turned 21, in fact, on the date of her surrendering herself.” 

He then acknowledged that the case has changed, since the indictment cannot be minimized, but she has not changed, from her constitutional protections to the presumption of innocence. “We should not be punitive with this,” Politis said. “We should focus more on litigating the merits of the state’s prosecution and also the defenses that will be forthcoming as we continue to develop, but to let her sit there for another six months or a year, we’re hoping that the court would recognize that.”

Politis also said that the defense would not have put up $25,000–the cash amount required to post bail on $250,000 bond–had it known that the indictment would follow, revoking the bond.  

Demegillo’s family had posted bond when she was originally charged with aggravated manslaughter. Demegillo was released, and her attorney sought in a motion to give her the freedom to travel to Volusia County for college classes.  On April 6, however, a grand jury indicted Demegillo on the murder charge. She turned herself in and bond was revoked. 

Politis today filed a plea of not guilty on her behalf.

“The state’s position is that things have changed,” Assistant State Attorney Andrew Urbanak argued. “An indictment was returned by a grand jury charging the defendant with, among other things, first degree murder under both the theory of premeditated murder as well as felony murder. That is a capital offense under the State of Florida, and the defendant is no longer legally entitled to a bond if the proof is evident or the presumption is great.” 

Urbanak also cited a 1933 case that would make the reinstatement of the original bond invalid. The indictment requires a new bond, which the judge was not granting. 

“So the defense’s motion to reinstate original bond is respectfully denied,” the judge said, citing the case the assistant state attorney had cited. “But more importantly, this is a capital felony.” 

That means Demegillo will remain at the Flagler County jail for the duration of the legal proceedings, which are expected to take months–and may not regain her freedom if found guilty, absent a plea deal. 

“That makes the other motion moot,” Nichols said of the motion to give Demegillo the freedom to travel to college classes. 

There was a surprise today. Politis withdrew as attorney of record, and Daytona Beach Attorney Aaron Delgado took over, with Politis in second chair when necessary. 

“Two alpha males in this courtroom–we’re going to drive you nuts, judge,” Politics told Nichols. She granted the motion to withdraw. Delgado said there may be “a hundred-plus” depositions ahead. The judge agreed to have zoom appearances by the attorneys for some of the hearings ahead.