NASHUA – A Merrimack man charged in a Halloween party killing remains in jail while a judge weighs whether he should even be considered for bail.

State law bars judges from allowing bail for defendants facing possible life sentences. The law states, “Any person arrested for an offense punishable by up to life in prison, where the proof is evident or the presumption great, shall not be allowed bail.”

Corey Furgal, 24, of 16 Bel-Air Ave., is accused of stabbing Christopher Vydfol, 20, of Nashua, on Nov. 1 and has been held without bail since his arrest that morning. he has pleaded not guilty to second-degree murder charges

His lawyers, Paul Borchardt, of Nashua, and Joseph Malfitani, of Stratham, have argued that Hillsborough County Superior Court Judge William Groff should be able to evaluate Furgal’s bail request.

They argue it is unconstitutional for a judge to set bail based only on the offense and the strength of the state’s case, without considering whether a particular defendant is dangerous or likely to flee, or considering that person’s ties to the community.

Assistant Attorney General Mike Lewis argued there is no constitutional mandate that judges consider anything but the state’s case when considering bail, making the state law perfectly legal.

An examination of a person’s ties to the community or how dangerous he or she may be is not a part of rights to due process, Lewis said.

Borchardt said after the hearing that he expects that whatever Groff decides, the matter will be appealed to the Supreme Court.