(ABC 6 News) – Former Mayo Clinic Doctor Connor Bowman was back in court on Tuesday morning, this time facing more severe charges.

Bowman was indicted by a grand jury on charges of first-degree premeditated murder on Jan. 5. Bowman has been accused of murdering his wife Betty Bowman in August of 2023.

In court on Tuesday, the prosecution argued that the upgraded charges so should come with an increase in bail. Bowman’s bail was set at $5 million without conditions and $2 million with conditions. The prosecution asked Judge Kathy Wallace to increase Bowman’s bail to $10 million dollars without conditions and $5 million with conditions.

But the defense argued the motion to increase bail was unconstitutional. The defense used Stack v. Boyle and a case from the 1950s in which it was ruled the excessive bail was against the defendant’s eighth amendment rights.

The defense argued Bowman is not a “flight risk,” and has yet to post his current bail. The defense adds there is no reason to increase his bail.

Judge Wallace denied the motion to modify Bowman’s bail.

The prosecution is also using evidence from the search warrants to plead their case. According to those warrants, Bowman purchased drugs to poison his wife from an online pharmacy.

The two sides and the judge are now working to schedule an omnibus hearing.