Kenneth Michaels. SUN-GAZETTE FILE PHOTO

Kenneth Michaels, the CEO charged in the shooting death of his brother-in-law in the lobby of Cable Services, 2113 Marydale Ave. in Old Lycoming Township, on Aug. 17, 2023, is asking a federal judge to grant him bail, after Lycoming County Judge Ryan Tira and a state court refused to do so, PennLive.com reported.

Michaels, 67, admits to shooting John Roskowski, but says he did so out of fear for his life.

The clause of the state Constitution denying bail for defendants facing capital punishment or life imprisonment is unconstitutional, defense attorney Edward Rymsza said in filings in the U.S. Middle District Court.

Rymsza believes the no bail section violates the due process and equal protection clauses of the Fourteenth Amendment to the U.S. Constitution, the filing revealed, according to PennLive.com.

He further claims that neither Tira in denying bail nor a panel of the state Superior Court in affirming that decision addressed the constitutionality of the clause.

In February 2024, Tira denied a defense request to release Michaels on bail, finding that “the defendant’s actions on Aug. 17, 2023, were substantially more likely than not willful, deliberate and premeditated,” and that it was “more likely than not that the defendant did not actually believe he was in danger of death or serious bodily injury,” from his former business partner, John Roskowski, 69, pointing out that Michaels was safely behind a door that could only be entered through a passkey or the opening of the door from someone on the other side, which Michaels did.

In August 2024, the state superior affirmed Tira’s ruling, following a defense appeal of the decision.

Tira did not make a finding that Michaels, if released, would be a danger to the community or a flight risk, Rymza argued in federal court briefs, PennLive.com reported.

Also not addressed, was whether conditions of release existed to reasonably ensure his client’s presence at trial.

The absolute denial of bail affects Michaels’ fundamental rights of presumption of innocence and the right to a fair trial, Rymza wrote, arguing that the court should be allowed to consider factors as such as ties to the community, criminal and employment history, all considerations that go into bail decisions for crimes of a lesser punishment, PennLive.com reported.

Michaels is seeking his immediate release on reasonable bail or an order directing Lycoming County court to hold a hearing at which all bail factors are considered.

Due to a gag order imposed by Tira, First Assistant District Attorney Martin Wade was unable to comment on the matter, according to PennLive.com.