ACCOMACK CO., Va. - The next round of hearings in the Accomack County arson case began.
Judge Glen Tyler heard two defense motions, the main one a request for a separate trial for each of the 62 counts Tonya Bundick is facing.
Defense attorney Allan Zaleski argued that his client should have a separate trial for each of the 62 remaining counts she faces due to what calls a lack of consistency in the fires. He said there wasn't a common plan or scheme between Bundick and alleged co-conspirator Charles Smith, who was also Bundick's fiance at the time.
Commonwealth attorney Gary Agar objected.
"These crimes were being done to enhance and perpetuate their relationship and for that reason they continued until they were caught," Agar said in court.
Judge Tyler then asked Agar, "the common plan means is there a goal or a objective to be accomplished to burning down all those places, yours is to maintain the relationship?"
Agar responded, "yes."
Ultimately, Tyler needed more time, requesting from the prosecution transcripts of Smith's confession tape and Bundick's trial in Virginia Beach.
"I have a client to represent and if I tried 10 of them in a row ,I might as well plead her guilty, have her plead guilty because she'll be found guilty," said Zaleski. "Mr. Agar tried his best case first and he succeeded. These are not as strong, so we'll start seeing who wins and who loses.
"We have a shot. It's just Smith against her word."
Tyler expects to begin looking over documents by April 14th.
No time frame has been set for when that decision would be made. The other motion heard today had to do with whether or not Bundick will be able to wear makeup in her trial, something that came up in her previous trial, when she was not allowed to wear any.
Bundick is already guilty of one arson and one conspiracy to commit arson.