ALBUQUERQUE, N.M. (KRQE) – The Albuquerque man who spent decades behind bars for murdering his parents as a teen wants out of jail, but this time it’s for kidnapping and beating another man in a new case.
Mitchell Overhand’s attorney, George Harrison, said he has proof the alleged victim in the case is a liar.
On August 25, 2017, District Court Judge Christina Argyres ruled Overhand would remain in jail on no bond.
Just last week, Harrison filed a “motion to vacate” the judge’s decision to keep Overhand behind bars with no bond until his trial. He’s asking the court to “re-open the detention hearing and set conditions of release.”
Overhand is one of three people accused of kidnapping and torturing a man back in August.
Police arrested Overhand, Chase Smotherman and Chase’s 19-year-old girlfriend, Mariah Ferry, for beating the man at Chase’s home in the West Gate area with a bat and a stick.
The victim told police his attackers forced him to look at a computer screen with a picture of his best friend, John Soyka, who appeared to be dead and sexually mutilated.
The victim said it was about drug money which he knew nothing about and after four hours of telling his attackers that, the victim told police that Overhand believed him and let him go.
However, Harrison said he’s obtained medical records that show the alleged kidnapping victim “contradicted his claims.”
In the motion, Harrison states the victim claims the incident occurred between August 8 and August 9, but that he did not report it to police until August 12.
According to Harrison, records show the alleged victim went to the hospital the same day he claims Overhand and the other two suspects let him go but told medical staff he was “injured six days earlier” during a “robbery.”
Harrison said the man never mentioned to anyone at the emergency room that he was beaten by a group of people.
Harrison also states in the motion that the alleged victim “also visited and called Mr. Overhand after the alleged incident before making the police report.”
The state responded with its own motion to Harrison’s request to vacate the pre-trial detention order.
Prosecutors claim, “all of these sources of information relate to the facts of the case, however, the order indicates that the defendant’s double homicide in cause his new charges for possession of a weapon by an inmate and his unsatisfactory discharge from probation.”