Family pleads for Ward’s release; judge defers ruling

A circuit judge in Orange County deferred a decision Thursday on whether James “Bob” Ward, whose murder conviction in the death of his wife in their Isleworth home, was thrown out because of ineffective counsel, can be released on bond while he waits for a new trial.

Ward, 67, a former real-estate developer, will be held in the Orange County Jail in the meantime.

“I’ve lost so much time with him already,” said his daughter, Sarah Ward, who along with her sister and maternal aunt argued for his release Thursday. “I want to spend as much time with him as possible.”

Circuit Judge Leticia Marques said she will need some time to review transcripts and evidence before she makes her decision. She did not give a specific date but said she will try to do so “as quickly as I can.”

She will consider the evidence against Ward, whose attorneys say he shot his wife accidentally while they were struggling over a gun; and whether he is a flight risk.

“I tend to agree with the state. I’m not saying Mr. Ward would run, but I’d argue he’s a much greater flight risk now” because of his prior conviction and his declining health, Marques said.

Ward was convicted in 2011 of second-degree murder in the death of his wife, Diane Ward. A judge later threw out the conviction, saying that his attorney didn’t object properly when prosecutors presented evidence relating to Ward’s right to remain silent.

Ward’s attorney, Sean Ellsworth, said he may ask for a change of venue that would take the trial out of Orange County. It took about a week to pick a jury for the first trial.

If released, Ward would like to live with his daughter Mallory Ward at the family’s home in Atlanta and return to Orlando for hearings, the attorney said.

Ward was released on a $500,000 bond before his first trial and was allowed to travel between Florida, Georgia and South Carolina as long as he kept officials informed of his whereabouts and wore a GPS monitoring device.