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Kris Zocco posts bail Wednesday, released from Milw. Co. Jail

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Kris Zocco

MILWAUKEE (WITI) — FOX6 News has learned Kris Zocco was released from jail on Wednesday, November 6th — one day after a judge ordered Zocco’s bail to remain at $250,000.

38-year-old Zocco waived his right to a preliminary hearing on Tuesday morning, November 5th in connection with possession of child pornography charges. Later Tuesday, he appeared in court to again try to get his $250,000 bail reduced.

In court on Tuesday afternoon, Zocco’s attorney argued Zocco and his family don’t have the kind of money to be able to post his bail — while prosecutors argued that they do.

Ultimately, a judge decided on Tuesday bail should remain at $250,000.

Zocco may have been one of the last to see 27-year-old Kelly Dwyer, who has been missing since October 11th.

Dwyer's uncle was in court during Zocco's appearance on Tuesday.

"It's baffling. It's really baffling how she could just disappear into thin air. Every time the phone rings you cringe. You don't know what's going to be on the other end of the line," John Van Laur said.

Dwyer was reportedly last seen eating at an East Side restaurant on October 10th. Zocco has told Dwyer's mother he last saw her leaving his East Side apartment on the morning of October 11th.

Over 20 surveillance cameras near the East Side apartment building have been unable to provide answers.

"I've been to the building. I've talked to security there. They got a multitude of surveillance tapes. There's nothing to show her either leaving alive, leaving dead or leaving any other way. They don't see it on any cameras. It's hard. Obviously if he had something to do with it you want to rip him apart -- but you don't know. If he has and they find out, he gets what's coming to him. In this country, you're innocent until proven guilty, but it doesn't look good for his home team," Van Laur said.

Zocco was initially taken into custody on drug charges on October 17th. The charges came to light during the investigation into Dwyer’s whereabouts when officials allegedly found drugs and drug paraphernalia at Zocco’s home.

Zocco was officially charged with five different drug related counts including keeping a drug house, intent to deliver a controlled substance, and possession of cocaine.

In the drug case, Zocco posted bail and was released.

Zocco told the judge he would be staying at his East Side apartment, but ended up staying at his parents’ home in Richfield. This was not reported to the court — another reason the judge gave for Zocco's initial bail increase.

Zocco has now twice been released from custody, and has twice had his bail increased.

On October 28th, Zocco posted a $25,000 bail in the child pornography case. However, Zocco wasn’t released at that time, as he awaited a GPS monitoring device to be installed.

The District Attorney’s Office says no GPS devices were available via the Justice Point electronic monitoring program that is currently operating over capacity — so Zocco’s attorneys argued for a change to the original bail conditions.

Zocco’s bail was increased – to $75,000 — and the GPS requirement was lifted. One day later, his bail was increased to $250,000.

Zocco was forced to surrender his passport as a condition of bail.

Even with the bail increase, prosecutors have said Zocco’s bail is too low.

“It`s the state`s firm belief that he does have, actually, quite extensive ability to pay,” Judge Timothy Dugan said.

Prosecutors have pointed to Zocco’s $100,000 salary, $2,000 a month rent, a lack of GPS monitoring and wealthy parents as a cause for concern.