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Jaime Studd - Brent Alling appeared in May-field court Tuesday to answer charges unrelated to the death of his wife, Kathryn Alling.

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Alling in court Attorney warns against a jump to conclusions

Thursday, June 14, 2012 - Updated: 10:25 AM

By JAIME STUDD

For the Express

MAYFIELD — Brent Scott Alling, named a person of interest in the death of his wife, 54-year-old Kathryn Jackson Alling, appeared in Mayfield town court Tuesday to be arraigned on multiple charges, included driving while intoxicated and refusal to submit to a breathalyzer.

Alling, 42, of 127 Delaney Road, arrived in court in handcuffs and a bright orange jumpsuit issued to Fulton County Correctional Facility inmates, where he has remained, unable to post the $2,500 cash/$5,000 bond bail that set following his arrest last week.

Alling’s court-appointed attorney, Robert Abdella, waived a reading of the charges and informed Mayfield Town Justice John Papa of his client’s wish to plead not guilty on all counts.

The charges, which are unrelated to his wife’s death, include driving while intoxicated, refusal to submit to a breathalyzer, driving with a restricted license, failure to signal, and a seat belt violation.

As a result of his refusal to submit to a breathalyzer, Papa ordered the “prompt” suspension of Alling’s license.

Abdella asked the court for 45 days to prepare and submit several motions.

In court, Abdella addressed the issue of the unusually large bail that was set for a first-time DWI offense.

“I’ve expressed the opinion that I don’t think that’s an appropriate amount of bail given that it’s a first offense,” said Abdella, “however, I’m not asking the judge to reduce it at this time.”

During the proceeding, it was revealed that the Fulton County Family Court had recently issued an order of protection against Alling.

Fulton County District Attorney Louis Sira, who is prosecuting the case, said she had not had an opportunity to read the paperwork, and was not sure who filed for the order.

Abdella declined to comment on the issue.

Following the hearing, Abdella said he has reserved his right to file a motion in Supreme Court for a reduction in Alling’s bail, and he will likely do that within the next couple of days.

“The fact that he’s in jail for this length of time on a DWI is disappointing to say the least,” Abdella said, adding that he believed it’s obvious authorities are trying to keep Alling behind bars until the results of the toxicology tests become known.

“I’ve never had a client have bail set on a first-time DWI,” Abdella later added.

Abdella said he was concerned about the information that the authorities have released and the manner in which his client has been implicated.

“There’s a lot of press here for an arraignment on a first-time DWI, said Abdella. “I’m concerned people are going to jump to conclusions based on what’s been hinted at in the press.

“Police are putting out inferences about his wife, when they don’t even know how she died,” Abdella said.

Abdella said he thinks the issue of bath salts, a drug authorities have said may have been involved in her death, will become relevant when the toxicology tests are revealed.

Abdella said he has instructed his client not to comment on the case, and he asked that conclusions not be drawn from the fact that he has yet to make a statement.

When asked about Alling’s state of mind, Abdella said his client is anxious to be released, and that he is devastated about his wife’s death.

“He’s in jail. His wife is dead. So, obviously, he’s not doing very well,” Abdella said.

The naked and bruised body of Kathryn Alling was found June 4 by sanitation workers collecting trash along Tyrrell Road in Mayfield.

Though there was some trauma, a June 5 autopsy revealed that was not the cause of death. Authorities are now awaiting the results of toxicology tests.

Brent Alling was arrested by state police that afternoon, not far from the Delaney Road camper the couple shared.

Alling is scheduled to return to Mayfield Town Court Aug. 14.

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