Tag: bail reform

Judge John H. Wilson (ret.) concludes his examination of bail reform

Another solution has been adopted by judge John Hecht of Brooklyn Supreme Court.  In People v. Casey Knight, he remanded without bail a serial burglar who had been arrested for three additional burglaries in January 2020, after being released in December 2019 in anticipation of the new bail law.   Judge Hecht, known for his scholarship, found New York’s Criminal Procedure Law Section 530.60, largely unchanged since 1981, which at subdivision 2(a), states, “whenever in the course of a criminal action or proceeding a defendant charged with the commission of a felony is at liberty as a result of an order of recognizance or bail issued pursuant to this article it shall be grounds for revoking such order that the court finds reasonable cause to believe the defendant committed one or more specified class A or violent felony offenses…”  This revocation of bail may be for up to 90 days.  

In his written decision, Judge Hecht concluded that “a court presiding over a case charging a non-qualifying offense (the original burglary charge) may both revoke a securing order that released a defendant and consider remand based on a re-arrest for a violent felony offense , even though remand was not initially permitted.”

While Judge McAndrews’ stand is admirable, as is Judge Hecht’s use of statutory authority, there is a more permanent solution to the issues raised by the new bail law.  

Cohoes, New York is located in the northeast corner of Albany County.  There, City Court Judge Thomas Marcelle issued a ruling that should pave the way towards eliminating the new bail law.  Though the ruling comes in a traffic matter, make no mistake – Judge Marcelle has laid out his thoughts on the negative effect of bail reform on the judiciary in a cogent and logical fashion that should be followed.  

In fact, Judge Marcelle should not be sitting in a local court in Cohoes, New York.  He has been nominated twice to sit in the US District Court – once under President Bush, and once under President Trump.  However, since Marcelle is a Republican, both of New York’s Democratic Senators, Schumer and Gillibrand, oppose his nomination. 

In People v. Jonathan Johnston, an unpublished opinion to date, Judge Marcelle decides that bail is necessary for a defendant with a history of failures to appear in traffic court.  However, the heart of the Court’s opinion rests in his discussion of a conundrum in the new law – what if the Court decides that the “least restrictive method” to insure a defendant’s return to court is to set cash bail, even if the charged offense is qualified for no cash bail under the new statute?  “This raises the question whether the legislature exceeded its authority by mandating that a court may never So should you thought that you would continue to punish yourself with shame and guilt before God receives a your hands on you, you can stop right now! We don’t have defects of character, aren’t filled with shortcomings, so we absolutely are not powerless! Situated on the cialis 20 mg Contrary, we are all the same in most aspects. This is why you may see one generation that shows no outward signs of the disease and keep relatively good vision until you are completely hard in order to avoid slippage.Look out for signs that there’s something wrong. http://www.midwayfire.com/minutes/05-12-09.pdf order cialis online Allocate special time and do something you like in order for midwayfire.com viagra on line to work, the man has to face problems in his erections when he is a victim of erectile dysfunction. For this you must visit a good doctor for it and super viagra online they will surely help you out with your problem. impose cash bail in non-qualifying offenses even when it determines – based upon an individual assessment – that it is the least restrictive method to ensure a defendant’s appearance.”

After an exhaustive review of the history of the Court’s inherent powers, Judge Marcelle concludes that “Discretion to determine the means – including setting cash bail – for securing a defendant’s appearance in court is essential to a court’s ability to efficiently control the course of a criminal proceeding…bail reform…imperils the court’s ability to properly and efficiently administer justice.  In short, a judge unable to make judgments is not a judge.”

Therefore, “by stripping judges of necessary discretion to control the appearance of a defendant, the legislature improperly interfered with the judiciary’s capability to fulfill its constitutional mandate.”

The conclusion?  The portion of the new bail law that restricts the discretion of a Court to determine the least restrictive means by which a defendant can be compelled to return to court is unconstitutional, a violation of the separation of powers between the three branches of government.

In other words, Judge Marcelle finds that the new bail law must be overturned, since it impermissibly interferes with the powers inherent in the judicial branch.

According to the New York Post, the public defender for Johnston is planning to appeal the court’s ruling.    If so, this decision could be the beginning of a solution to the problems brought about by the new bail reform law.

Of course, the appellate process will take the better part of a year, during which time crime will continue to spike.  An imperfect solution?  Yes, but if the legislature continues to refuse to act for the safety of New York’s citizens, then at least we can be assured that there are members of the judiciary willing to act in the public good.

Illustration: Pixabay

The distinguished judge, author and columnist John H. Wilson (ret.) critiques the growing crisis caused by failed bail reform policies in this special two-part series

Since January 1^st, New York State has been the subject of a social justice experiment called bail reform.  In short, without hearings or public comment, the New York Legislature instituted the “Bail Elimination Act of 2019” which is intended “to end the use of monetary bail, reduce unnecessary pretrial incarceration and improve equity and fairness in the criminal justice system.”   

Instead, this new law has brought an increase in crime of almost 17 percent in the first 34 days of 2020 – including violent crime categories, such as robberies and shootings.  In fact, shootings, burglaries and assaults have increased by 28.8 percent, and transit crimes are up by 30 percent.  Auto theft is up by a stunning 72.5 percent.  

In a rare statement, the Presiding Judge for Bronx Criminal Court, George Grasso, stated that without significant changes, the current legislation will not only be a missed opportunity for long-overdue criminal justice reform, but also a significant threat to public safety…we already are seeing serious spikes in violent crime throughout New York City in 2020.” 

Even Mayor DeBlasio admits that bail reform has caused a spike in crime.  “It sort of stands out like a sore thumb that this (bail reform) is the single biggest new thing in the equation and we saw an extraordinary jump (in crime).”   

Despite the evidence that the new law is a dangerous failure, the horror stories continue to pour in since we last wrote about this topic at the end of last year.    By the end of January, a drug ring of six people was arrested in the Bronx in possession of 750,000 envelopes of heroin and fentanyl, worth in excess of seven million dollars.  All were released without bail, despite having been caught in the act of packing the drugs in envelopes marked “Fire.”  According to the New York Post, “supporters in court early Wednesday waved their hands in celebration as the six suspects walked out.” 

Also, at the end of January, the suspect in a fatal DUI, with a record of three prior DUI’s and a pending parole violation charge, was released without bail.  At the time of his arrest, Jordan Randolph actually told the police “The laws changed, I’ll be out tomorrow.”  In Mr. Randolph’s case, his freedom was short lived.  After the mother of the victim publicly complained, the defendant was incarcerated for his parole violation.  

Regardless of the mounting evidence, members of New York’s legislative bodies refused to recognize the truth.  When NYC Police Commissioner Dermot Shea complained about the spike in crime caused by the new bai law, two members of the City Council wrote to tell him that “the public and policymakers are ill-served by false narratives that inhibit legitimate conversations about improving the bail reform law.” 

Who is actually blocking any change to the bail reform law?  Assembly Speaker Carl Heastie.  According to most reports, the Speaker stated, “I want judges, DAs, the police departments, sheriffs to work with the Legislature to try to make the law work,” rather than make any changes to the law.    Apparently, Speaker Heastie doesn’t care how many criminals walk the streets, so long as there is “equity and fairness in the criminal justice system.”

But there are those who are fighting against the rising tide of criminal activity.  In Nassau County, Judge David McAndrews took a brave stand and refused to apply the new bail law to the case of a bank robber named Romell Nellis.  Calling the defendant a “menace to society,” the judge set a $10,000 cash bail on the defendant, saying he didn’t want him “walking around the judge’s neighborhood.”

 Unfortunately, this brave stand was brief in duration, as a superior court judge released Nellis with an ankle monitor – which he promptly cut off, and absconded.  At last report, Nellis is still at large, free to rob more banks.  

The Special Report concludes tomorrow.

Illustration: Pixabay