A 74-year-old woman who has been in jail since September 2017 after being charged with husband’s murder has been denied a chance to post bail with a reduced bond.

Carol Ann Hignite, of Lexington, is accused of fatally assaulting 76-year-old Leon Dewayne Hignite, leaving him helpless for several days, and then attempting to set their house on fire to destroy evidence when authorities tried to investigate her.

Hignite’s case went to trial in December, at which point a jury came back hung and a mistrial was declared. Following the announcement of the mistrial, Commonwealth Attorney Kimberly Baird announced her office would re-try Carol Hignite.

Because of this, Hignite’s attorneys, Russell Baldani and Tucker Richardson, asked a judge to reduce her bond while she awaits her second trial.

As of Feb. 23, she has been incarcerated for 1,946 days – more than five years. Her bond was set at $502,500 full cash at the time of her arrest. Her attorneys argued she is not a flight risk or a danger to the community and they asked that her bond be reduced to $194,600, which she could pay with bail credits she has accrued while incarcerated.

Prosecutors Mary Tobin and Kathryn Webster argued that Hignite doesn’t deserve a lower bond because she faces a capital murder charge. They said the only reprieve from a conviction was the “bizarre” circumstances of the jury’s deliberation. They asked that the bond reduction be denied and called it “an insult to injury.”

On Thursday afternoon, Judge Diane Minnifield denied the motion to reduce bond, citing the very serious charges. She said she would be concerned for the community if Hignite was released.

“Those are serious felony charges,” Minnifield said. “These are not shoplifting charges. These are not criminal mischief charges. Those are serious felony charges, that require serious felony money that ensures the person appears, and they are not a danger to others or themselves. There is a danger.

“There is a danger to our community even though this happened within four walls that was supposed to be filled with love.”

Prosecutors: 1 juror was ‘unwilling to participate’ at last trial

Former Circuit Judge Jeffrey Taylor declared a mistrial in Hignite’s case after eight hours of deliberation resulted in a “hopelessly deadlocked” jury. According to court documents submitted by the prosecution, this was a result of one juror who was “unwilling to participate.”

“The only reason a verdict was not provided was due to one juror’s inability to even discuss the evidence,” a document from the prosecution reads. “In their words, ‘she was unwilling to even explain or discuss her position.’”

According to court documents, this juror infuriated other jurors so much, one of them requested separation from the jury room to steady her blood pressure. It was believed that this separation could cloud the validity of any final determination made by the jury.

However, court documents state the jury was ultimately decided on two charges. They agreed Hignite was guilty of knowingly abusing an elderly person. The jury allegedly also felt Hignite was guilty of the arson charge, but didn’t feel there was enough evidence beyond a reasonable doubt to convict her on that charge.

Elizabeth Yellstrom was the standalone juror that refused to convict Carol Ann Hignite for the murder charge. On the stand, she said that prosecutors and other jurors’ claims of her being unwilling to participate were “completely untrue.”

Yellstrom testified for the defense Thursday in what became a contentious debate over what happened in the deliberation room months ago.

She confirmed to the court that she was involved in the process inside the jury room.

Yellstrom admitted that after the trial, she contacted Baldani’s office to explain she thought Hignite should have never been charged based on the evidence that was presented.

This visibly inflamed the children of Carol and Leon Hignite, who were present for the hearing and spoke against their mother receiving a bond reduction. They also asked that the second trial move forward as quickly as possible.

“We started to see the light at the end of the tunnel, only to have a door slammed in our face again,” Jason Hignite said Thursday in court testimony.

Both Hignite children testified against their mother during the trial, and alleged that there were instances of domestic violence committed by Carol Hignite against their father, who was blind, partially deaf, and “unable to defend himself.”

“(Our mother) would do whatever it takes to avoid what is coming to her,” Jason Hignite said.

Minnifield said they were not there to put the American judicial system on trial.

“I am not going to condemn the 11 or one (jurors), or the process,” she said. “It is what it is. Today is not a trial for the American judicial system. We have a hard enough time getting (the public) to participate as jurors. I do not want people to think that they are going to be second guessed, called to the stand to testify, or anything like that.”

Carol Hignite’s attorney withdraws from case

Attorney Baldani withdrew as representation for Hignite due to her lack of funds to be able to continue to pay her legal team.

Baldani said it would be necessary for him to withdraw as attorney because his client could not afford to pay his legal fees, as well as pay for more experts to be a part of her new, upcoming trial.

Minnifield said she wished he could stay on the case, but was understanding of why he needed to withdraw, and granted the motion.

Hignite will now be represented by someone within the Department of Public Advocacy. However, Baldani said he is looking for ways to still be able to assist in her trial.