A bail hearing is being held today for a man who faces murder charges in connection with the fatal fall of his wife.

Harold Henthorn is accused of first-degree murder in the 2012 death of his second wife, Toni Henthorn, who fell 50 feet to her death in Rocky Mountain National Park.

Someone took three life insurance policies out in her name, totaling $4.5 million. Someone made a claim less than 36 hours later, but Toni’s family says they didn’t even know the policies existed.

Toni’s brother says that once Toni married Henthorn, he became more controlling and obsessed with money.

CBS in Denver reports that Henthorn received more than $400,000 in payments after his first wife died in 1995. She was allegedly crushed by a car while changing a tire, but authorities have reopened that investigation.

Judge Andrew Napolitano was on “Shepard Smith Reporting” today to discuss the case. He said that the hearing today will determine whether or not Henthorn will be allowed out on bail. Napolitano said that his incentive to flee is tremendous, so he’ll have to show why he’s not a flight risk.

As for the life insurance policies, Napolitano explained that privacy laws protect the person who took out the policies, but prosecutors will subpoena that information.

Prosecutors have not yet asked for the death penalty, but they do have a window of time. Napolitano said that the decision must be made by Attorney General Eric Holder because Toni died on federal land in a national park.

He said the federal angle of this case will add a level of complexity and interest.