RALEIGH, N.C. — Ann Miller Kontz has been behind bars for 123 days. She is charged with the arsenic poisoning death of her husband, Eric Miller. Now, her attorneys claim she deserves to be out on bond.

"I think she's a courageous person. She has a great attitude," said Wade Smith, Miller Kontz's attorney. "This woman is as well-qualified to be released on bond as anyone who has ever been before a judge in Wake County."

Judge Donald Stephens set Miller's bond at $3 million -- the highest most people can ever remember in Wake County. Her attorneys said she absolutely cannot pay it. They say she can only make one-tenth of the original bond, which amounts to $300,000.

"She's got two very competent attorneys, probably the most prominent in the state. I wouldn't expect anything less," said former Raleigh police investigator Chris Morgan.

Morgan has worked on the case since the beginning. He said he will respect whatever decision the court makes, but hopes Miller Kontz remains in jail.

When asked whether as an investigator, did he ever want to see a murder suspect out on the street, Morgan replied, "Personally no, but that's a very personal opinion. I understand what the law is and I understand what the purpose of bail is."

"It's up to the judge. We will work hard to persuade the judge that the court can trust her on bail and hope that he does that," Smith said.

Stephens will hold a hearing Feb. 10 to set the calendar for murder cases in Wake County. At that time, the judge will decide whether to grant another bond hearing. Her trial is expected to take place no earlier than January 2006.

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