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Absher seeks reduction in $2.2 million bond

Michael Absher

The attorney for Michael Absher, the Only Hope WNC founder who faces 23 charges of sexual offense involving boys staying at or visiting the youth shelter, is asking the court to lower his client’s bail.

Absher has remained jailed since last July 31 under a bond that has grown to $2.2 million after a series of grand jury indictments charging him with first-degree statutory sexual offense, sexual exploitation and human trafficking of minors.

“Defendant intends to mount a vigorous defense against these charges and would be better able to assist in his defense if released from custody,” attorney John D. Pritchard said in a motion filed earlier this month.

The high bond, Pritchard said in a motion filed on Feb. 2, departs from state guidelines and the local judicial district’s bail policy and fails to take into account Absher’s longstanding community service and ties to his hometown. The court-imposed bonds ranging from $20,000 to $500,000 each on the charges are excessive, the defense attorney argued.

“Not only has the defendant received the maximum bond in every file number, there are some cases where it appears the bond exceeds these maximums,” Pritchard wrote. Specifically, he said:

  • The bail policy’s recommended maximum bond for a human trafficking charge is $100,000; Absher’s bond for trafficking three counts is $500,000.
  • The recommended maximum for one count of third-degree child exploitation is $8,000; for the seven child-exploitation charges, the court set a bond of $100,000.
  • The bond policy recommends an $80,000 bond for a charge of first-degree child exploitation; for three counts of the class C felony, the court imposed a bond of $250,000.

The bond policy, Pritchard pointed out, declares that the recommended bond amounts “are suggested maximums” (court’s emphasis) and “should not aggregate near the top of the maximum amounts.”

‘Not a flight risk’

Pritchard said that Absher serves as primary care giver for his mother, who suffers from “multiple health problems.”

“Defendant is not a flight risk and has substantial local ties,” he said. “He is a lifelong resident of Henderson County and graduate of East Henderson High School. Over the last 17 years he has served his community” by operating Only Hope, the lawyer said, adding that Absher also served on the Henderson County School Board. His client has no criminal record in North Carolina, Pritchard said, and “upon information and belief, has no record anywhere.”

“When defendant’s bond is maxed out at every instance, and perhaps exceeds the maximum bond in others, how would the court justify such amounts if a similarly situated defendant was a Level V1 (accused felon) instead of a Level 1?” Pritchard asked in a dramatic flourish that concluded the motion. “A resident of Texas instead of a longtime local? An oil sheik with vast resources instead of an indigent?”

Pritchard, whose practice is based in Asheville, requested that the motion be heard in Superior Court on Thursday, Feb. 26, when Absher is already on the docket.