PUSHMATAHA CO., OK – For over a year, the 2009 murder case of Jackie Ray Dellinger went unsolved. He was found shot to death on his own property in Rattan. It was nearly a year later, on April 23, 2010, that an arrest warrant was issued in the homicide. 65-year-old Fred Holder was the suspect named by the Pushmataha County Sheriff’s Office and Oklahoma State Bureau of Investigation.

"We'll see whether or not the State has enough evidence to hold Mr. Holder or convict him,” said Holder’s attorney, Stephen Jones. Jones was also the lead defense attorney in the Timothy McVeigh trial of the 1995 Oklahoma City bombing.

But since Holder’s arrest over a month ago he’s remained in the Pushmataha County Jail and denied bond. Jones believes this is unlawful confinement and filed for a Writ of Habeas Corpus hearing.

“We feel that it is a circumstantial case and Mr. Holder has been released on bail before. So we asked the court with that history in mind – the fact that there is a circumstantial case, that there are other suspects we believe - that Mr. Holder should be released pending trial,” explained Jones.

Jones cited the 1999 first degree murder case of David Pickens, in which the case was reduced to the second degree and Jones says he was released on bail. However, Holder was convicted of murder in 2000 in a Federal court and sent to prison.

He later filed for a re-trial, because a key witness was not brought forth originally and he felt he was ill-advised by his attorneys. That’s when a judge reduced the charges to voluntary manslaughter and Holder was granted time served. He was released immediately in 2005.

But at today’s hearing, Judge Jana Wallace denied the Writ of Habeas Corpus, but did agree to a bond hearing instead. Now it was up to the judge to determine if there was indeed enough circumstantial evidence to keep Holder in jail without bond.

Both sides questioned witnesses from the Oklahoma State Bureau of Investigation about the evidence found to charge Holder with Dellinger’s murder.

"Well the probable cause affidavit that's on file is highly circumstantial. I mean the descriptions that are given in our opinion could impact a number of other people,” said Jones of the evidence.

That evidence is based off of Holder’s phone records from the day of the crime, March 6th. OSBI cites cellular calls that registered at towers near the scene of the crime from Holder’s phone. Those numbers also match a piece of notebook paper found on Dellinger’s property that investigators believe belonged to Holder.

And District Attorney of the 17th Judicial District, Laura Wallis, said those facts presented Wednesday by OSBI were minimal. She said the amount required for a bond hearing is much less than what they’ll bring forward when the case goes to trial.

"The evidence that we presented today was just a portion of the evidence which we have for this trial,” said Wallis.

But Jones believes there are other suspects with other motives that need to be considered. He also stated that those phone records and notebook paper don't necessarily put Holder at the scene of the crime.

"He was questioned even before Mr. Dellinger's body was ever removed. So they didn't consider any other suspects, and I think that there are other suspects and that one of those individuals is responsible for the death of Mr. Dellinger,” said Jones.

In the final arguments, Jones requested that a bail would be set for Holder between $50,000 and $125,000, based on his opinion that the evidence was not substantial enough to hold Mr. Holder without any bond. Based on those arguments, the judge did grant bond, set at $400,000. See below for the stipulations in that order.

Despite the bond being set for Holder, the state said they are still pleased with their witnesses at Wednesday’s hearing and are ready for a preliminary hearing, which is set for July 27, 2010.

"The state is very confident in its case against Fred Holder and we plan to pursue it for the maximum penalty that we can,” said Wallis.

Jones said his client will stand by his plea of not guilty.

"He will enter a plea of not guilty and he will go to trial, there's no plea bargain in this case,” he said.

Holder did not post bail Wednesday night, however his brother, Wayne Holder, is a bail bondsman and did say in court he would provide the service to Fred.

If he is released on bond, these are the terms and conditions set and signed by Judge Wallace:

1. Defendant may not have any contact with any person with a felony conviction.
2. Defendant may not have any contact with any witness involved in this case, either directly or indirectly, other than members of his immediate family and household.
3. Defendant may not operate any motor vehicle without being accompanied by another person.
4. Defendant is not allowed outside of Pushmataha or Choctaw Counties.
5. Defendant shall not be absent from his residence between the hours of 7:00 p.m. and 6:00 a.m.
6. If the Defendant makes bond, the bond must be supported by a genuine Power of Attorney affidavit.