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Fox News reported she was still being held at the Polk County jail without bond Wednesday because she had been out on bail after her arrest March 3 on charges of posing as a lawyer.
Neighbor Otto Lehman filed for an injunction for protection against Wachs in April, saying his son Forrest was playing basketball March 13 when she yelled at him to stop.
When Lehman and his son returned later, Wachs made noises that "sounded like a woman experiencing sexual gratification in an extremely loud fashion," the sheriff's affidavit said.
John Liguori, Wachs' lawyer, said she should be released because she has multiple sclerosis and her medical needs cannot be properly met in jail.
He said Wachs was resting after having chemotherapy when she asked the boy to stop playing basketball, and "there is no simulation of a sex act here."
Liguori also said authorities are targeting Wachs for her activism.