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A federal judge in Miami allowed Timothy Hudson to remain free after a hearing Wednesday in a case accusing him of sexually assaulting and killing his 18-year-old stepsister aboard a Carnival Cruise ship, according to court proceedings described by the Associated Press. The judge ended the hearing without issuing a final decision while he considered how Hudson would be detained ahead of trial.
The judge said he wanted to speak with the U.S. Marshals Service about the logistics of holding Hudson in central Florida—closer to his family—rather than in South Florida, where the proceedings are taking place, the report said. It was not immediately clear when Edwin Torres would announce his decision. In the meantime, Hudson walked out of the courthouse after the hearing, the report said, instead of being taken into custody.
Prosecutors argued that Hudson should be jailed while the case is pending. Assistant U.S. Attorney Alejandra Lopez told the judge that the court should not risk another violent attack and argued that there was “clear and convincing evidence that this defendant is a danger to the community,” according to the AP account. The prosecutor also argued Hudson faced a heightened flight risk because, if convicted as an adult, he could face a possible life sentence, the report said.
Hudson has pleaded not guilty to first-degree murder and aggravated sexual abuse, the AP report said. The report also said Hudson’s federal public defenders declined to comment on the charges.
The case began when Hudson was arrested and charged as a juvenile. U.S. Magistrate Judge Edwin Torres ruled in February that Hudson could live with an uncle and be electronically monitored, but prosecutors later sought custody after the case was transferred to adult court, the report said. Minors are rarely prosecuted in federal court, the AP report noted, and prosecutors said the case landed there because Anna Kepner apparently died in international waters outside any state’s jurisdiction.
Assistant U.S. Attorney Alejandra Lopez also described what she said investigators found. Prosecutors told the court that an autopsy determined Kepner had been pinned down and forcibly raped, and that it likely took 3-5 minutes for Hudson to strangle Kepner until she was dead, the AP report said. The report said the cause of Kepner’s Nov. 6 death was determined to be mechanical asphyxia, when a physical force stops a person from breathing. Prosecutors said Kepner’s body was found concealed under a bed in a room she was sharing with Hudson and another teen before the ship was scheduled to return to Florida, according to the criminal complaint described by AP.
In arguing against detention, Evan Kuhl of the Federal Public Defender’s office told the judge Hudson had abided by the conditions of his release for months without issue, the report said. The judge acknowledged that an adult facing these charges would almost certainly be detained until trial, but said he still needed to consider the reality of Hudson’s age. The judge was reported to agree with the defense that Hudson was a low flight risk, but had not decided whether he posed a threat to the community if certain pretrial restrictions remained.
Kepner’s father, Christopher Kepner, previously issued a statement that the family was placing “trust in the justice system to pursue the truth with care and integrity.” The report said he also described the situation as “deeply painful and complex for the entire family.” The AP report said Anna Kepner was a high school cheerleader at Temple Christian School in Titusville, Florida, about 40 miles (65 kilometers) east of Orlando, and that her memorial service in November encouraged people to wear bright colors rather than the traditional black in honor of her.
As the judge weighs whether and where Hudson should be held before trial, the case remains unresolved and Hudson is not in custody for now, according to the Wednesday hearing described by AP.