The 68-year-old Camden man accused of trying to push his wife off Maiden Cliff last month can remain free, using the home he shared with her as bail.

Superior Court Justice Jeffrey Hjelm ruled May 5 that the state failed at the initial bail hearing on April 19 to raise the issue of whether it was permissible for Charles R. Black to use the home as surety for his $240,000 bail. The judge ruled that bail conditions can only be changed if new and significant information becomes available that was not previously known.

Assistant District Attorney Christopher Fernald had attempted to amend Black’s bail to prevent him from using the home as bail to be released from jail. He claimed that it could further punish Black’s wife if he fled before trial and the property was forfeited to the state.

Black has been charged with aggravated assault for an incident April 7 when his wife, Lisa Zahn Crooks Black, told police he pushed her off Mt. Megunticook near Maiden Cliff in Camden, according to court records.

Fernald argued the home had been purchased through inheritance she received.

Black and his attorney, Walter McKee, argued that Black’s name is on the real estate deed to the home and that he has every right to use it as bail.

Justice Hjelm noted that even if a home is purchased through an inheritance, a home jointly owned by a married couple is considered marital property.

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