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Not guilty plea in ax case
MONROE - Brandy Smithey, accused of attempting to kill her boyfriend with an ax, remains free on bond after a plea of not guilty was entered on her behalf in Lafayette County Circuit Court.

Smithey, 32, rural South Wayne, appeared in court Wednesday. A pretrial conference was set for May 27 so defense and prosecution can exchange discovery in the case.

Smithey is charged with a felony count of first-degree intentional homicide, and felony counts of aggravated battery and two counts of bail jumping, stemming from the Feb. 4 incident.

Theodore A. Bauer III, 37, rural South Wayne, is recovering from injuries stemming from the alleged attack. He was due in court Wednesday for proceedings on unrelated cases but was unable to attend due to a doctor's appointment in Dubuque.

Theodore Bauer's mother Cynthia Bauer said her son is in for a long recovery and was unable to attend because he has a blood clot in his leg.

Jillian Bauer, his ex-wife, said although doctors were hoping medication would dissolve the clot so surgery isn't necessary, that has not happened, and the blood clot poses a life-threatening risk to Theodore Bauer.

Cynthia Bauer said she feels like she's treating her son "like he's 2 years old" by getting doctor's notes to show he can't make court appearances.

Theodore Bauer likely has nerve damage in his right arm and may not be able to use his dominant hand as well ever again, according to Jillian Bauer. She said he also appears to be showing signs of post-traumatic stress disorder coupled with his physical injuries.

She said she and Theodore Bauer moved to Lafayette County from Illinois in 2008, and her ex-husband was never "violent around women."

"Moving up here was a mistake," she said, and added, "he has a long way to go and he is not capable of making court decisions right now."

Smithey sat in front of Cynthia Bauer and Jillian Bauer, who were both concerned that Smithey's bond does not bar her from contacting either of them. Smithey is forbidden from contacting Theodore Bauer as a part of her $100,000 signature bond.

"How come when Ted had something like bail jumping, I had to pay $1,000 in cash and she can walk away on (a signature) bond?" Cynthia Bauer asked.

Court records indicate Lafayette County Sheriff's deputies did not become aware of the alleged attack until Feb. 9 when a nurse caring for Theodore Bauer at Dubuque's Mercy Medical Center called the department. Theodore Bauer said Smithey commanded her dog to attack him and then hacked at his arm with an ax. Bauer also reported Smithey took a swing at his face with a baseball bat.

Smithey denies ever picking up the ax, which was kept by the bed for home protection, but she did say she could have thrown the baseball bat and it could have bounced up and hit Bauer, records say.

Bauer suffered extensive deep wounds on his right arm, as well as multiple punctures and scratches on both of his arms and on his right shoulder. He spent more than a week in the hospital, and is still under medical care.

Smithey had multiple bruises on her face, arms and leg. She said they were both drinking the day of the incident and had smoked pot earlier in the day. Bauer denied drinking or smoking that day.

Smithey remains free on bond with a long list of conditions, including that she report to the Green or Lafayette County Sheriff's department every Friday at or before 9 a.m. for urinalysis and report daily to either sheriff's department to take a preliminary breath test and remain drug and alcohol free.