The assistant district attorney has filed a motion to amend the bail conditions on the Camden man accused of assaulting his wife on Mt. Megunticook, arguing that allowing him to post property jointly owned with the victim could end up punishing her.

Charles R. Black, 68, of Camden has been charged with aggravated assault for an incident April 7 where his wife, Lisa Zahn Crooks Black, told police he pushed her off Mt. Megunticook near Maiden Cliff, according to court documents.

Black’s defense attorney is arguing against the state’s motion, saying the home in question is owned jointly by Black and his wife.

“Mr. Black is entitled to the presumption of innocence, and he shouldn’t be incarcerated pending trial, especially in a case like this where there are more questions than answers about these allegations,” Black’s attorney Walt McKee said in an e-mail message to VillageSoup.

Black is being held at Knox County Jail in Rockland. Judge Patricia Worth set Black’s bail at $100,000 cash or $240,000 surety on April 19.

The defendant indicated during the bail hearing that he “intended to post what he believes to be his marital share of a residence located in Camden,” as bail, according to the motion filed April 20 by Assistant District Attorney Christopher R. Fernald.

The defendant also represented that the residence in Camden was owned free and clear and valued at approximately $480,000, Fernald stated.

“The residence in Camden is jointly owned by the victim of the aggravated assault and the defendant,” Fernald wrote in the motion. “The residence, however, was bought with an inheritance, which is non-marital property. As a result, a court could determine that the defendant has no interest in the residence.”

“In addition, if the defendant fails to appear in the future, a default would require the house to be sold to satisfy the surety,” the assistant district attorney continued. “This, in essence, would be punishing the victim for something the defendant may do in the future.”

Fernald asked the court to require Black to post an alternative surety bail or to hold a hearing on this matter.

The hearing will be held in court April 27 at 1 p.m.

“We absolutely object to this motion,” McKee said. “There’s nothing new here. The state knew all of this before the hearing two days ago. They’ve had their bite at the apple. The apple isn’t on the table any more.”

“There is no punishment of the alleged victim, just punishment of Mr. Black,” McKee continued. “They both own the house jointly. It doesn’t matter where the funds came from to buy the house. The state can’t hold his share hostage.”

Black has a variety of bail conditions placed on him. He may not have any contact with the victim or possess weapons, and must sign a contract with Maine Pre-Trial Services. He also cannot leave the state and must surrender his passport.

Lisa Black was interviewed by Maine State Police Detective Jennifer Fiske at Eastern Maine Medical Center following the incident on the mountain. She told the detective that she had inherited $4 million when her father died and that Charles Black had been taking her money without her permission, according to an affidavit filed in court.

Both Charles and Lisa Black are retired school teachers from Prairie Village, Kan., who moved to Camden in the last year.