CASS COUNTY, Ind. — Lawyers representing former NFL player Daniel Muir and his wife in the case of their son’s disappearance and alleged abuse will now have the chance to argue in court that the couple is being illegally held in jail without bond.

On Wednesday, Cass County courts granted an emergency hearing for the Muirs which will be held at 3 p.m. on Thursday.

Muir, a defensive tackle who played for the Colts from 2008 to 2011, is currently being held in the Cass County Jail, along with his wife Kristen, after he was arrested last week on charges of obstruction of justice and domestic battery.

Case background

The arrests stem from a weeks-long investigation by Indiana State Police into allegations that Muir abused his 14-year-old son at a religious compound they lived on in Logansport. Muir’s son was the subject of a Silver Alert after he fell off ISP’s radar and was eventually found safe during a raid on July 3 at the Straitway Indiana Goshen property on US Hwy 24.

The mother of Kristen Muir, Daniel’s wife, told authorities on June 16 that her 14-year-old grandson was suffering from a black eye and that his father had reportedly beaten him. When authorities pulled over Kristen’s car minutes later, her son was nowhere to be found. For more on the grandma’s allegations, click here.

ISP began working with Child Services to locate the child and ensure his safety, but Kristen and Daniel were reportedly uncooperative. The couple backed out of a meeting with police scheduled for June 28 and refused to show that their son was with them and okay.

Eventually, police gathered enough evidence – including a reported confession where Daniel said he “whooped his [son’s] a** like a grown a** man” – to descend on the Muir’s property with air support, armored cars and SWAT crews. After the 14-year-old was recovered safely, both parents were arrested for obstruction of justice and Daniel was given an additional battery charge.

Now, lawyers representing Daniel and Kristen Muir are arguing that Cass County Sheriff Ed Schroder is “illegally and unconstitutionally” holding the couple in jail.

Habeas Corpus petition

Attorney Nathan Vining filed a petition for writ of habeas corpus Monday in Cass County Superior Court #2, arguing that his client Daniel is being detained against his rights. While the filing mentions “The Muirs,” Kristen is never specifically mentioned.

In the petition, Vining argues against a judge’s decision to deny the Muirs bond that cited the couple as a flight risk. During a court appearance that took place the day of their arrest, a judge reportedly said that a bail hearing would be set for a later date.

Vining goes on to say that “bail is a fundamental right” in both state and federal constitutions and argues that Daniel is entitled to bail because he is not accused of a serious offense such as murder or treason.

“When bail is denied outright for a Defendant charged with a level 6 felony, it imposes a punitive measure without a trial or conviction, subjecting the defendant to conditions that are excessively harsh compared to the alleged offense,” Vining wrote.

In his request for relief, Vining asks that the court immediately grant Daniel the Petition for Write of Habeas Corpus and order his release from custody.

The Muirs’ next court date is now scheduled for 3 p.m. on July 11 where a judge will review the writ of habeas corpus filing.

More on Logansport property

Signs at the secluded Logansport property make no mention of the Servant Leader’s Foundation, which records show is the registered owner of the property. Multiple signs say, “Welcome to Straitway Indiana Goshen” along with a crest.

Other signs warn against trespassing and state that the location is private property.

An internet search leads to Straitway Ministries, a Tennessee-based religious group that describes itself as “nation of Hebrew Israelites who are commandment keepers; obedient to Yah (God) and our savior, Jesus the Christ.”

The group’s official YouTube page features a video from four years ago that shows a man appearing to be Daniel preaching to a crowd.

Some have described the group as a cult; Kristen Muir’s mother said she feared her grandson was being “brainwashed” and couldn’t bring himself to leave his parents.

“[He] is so conditioned or brainwashed to their way of living,” the grandma said earlier this month.

Muir family and Straitway Truth response

Vining spoke with reporters after the parents went before a judge last Wednesday afternoon.

“The Muir family, they’ve been improperly targeted and they’re not guilty of any abuse or illegal activity. They’re entitled to their day in court and due process,” Vining said.

Pastor Charles Dowell, who leads Straitway Truth, posted several videos in the wake of the raid on YouTube. In one of the videos, Dowell said not to trust news reports or police reports about the allegations involving the Muir family.

“You better believe that Straitway is not going to be taking any of this lying down,” Dowell said. “We comin’. You better believe we comin’.”

Sports Illustrated previously detailed Straitway Truth and Pastor Dowell in an extensive report in which many people accuse the religious group of being a cult amongst other troubling allegations.