OK.
Then.
All right.
Under Iowa versus the state
or pursuant to Iowa versus the
state decision by the Supreme
Court of Georgia and its projec,
they going forward decided February the
5th of 1993 cited at 2262 Georgia 704.
It's still our seminal case in Georgia
in regards to the nature of bon.
Of course, a trial court can may release
a person on bail if the court fs
a person one poses no significat
risk of flight from the jurisdin
of the court or failing to appen
courtroom required 2 Poses no significant
threat or danger to any person to the
community or property in the community,
3 poses no significant risk of
committing any felony pending t,
and four poses no significant risk of
intimidation, intimidating witnesses,
or otherwise destruction.
The Administration of Justice,
and that's OC GA17-6, Dash 1E.
It requires the trial court to
explain its reasons for the denial of
bond to assist an appellate revw
That's laying at 247 Georgia 38.
That Granny or Denava bail willt
be set aside unless there's a manifest
in flagrant abuse of discretion.
And that's a very old case.
Jernigan versus the state, 118 Georgia.
307 Pinpoint 308-1903
Ayala requires, and we all know this and
this has been stated in earlier hearings,
that the defendant has the burdf
coming forward initially with evidence
to show that he or she possesses poses,
I should say no significant risk of clean.
Threatening the community,
committing another crime
or intimidating witness.
This burden of production meanst
the person charged with murder t
present evidence of the bond hearing on.
The factors indicate roots in the community,
which Mr.
Williams has done on prior
occasions these factors include.
These factors include the
defendant's length and character
of the residents and the commun,
employment status in history,
past history, responding to legal process,
and prior criminal record court sites.
Lane 247 Georgia at 3/8 at 388.
Once the defendant meets the bun
of production, the state may.
Present evidence to rebut it placing,
and then the court goes on to sy
that this is proper to place the
burden of production on the defendant.
So at that point in time,
once that occurs,
and
to protect the presumption of innocence.
Ayala goes on to say the state s
the burden of persuasion in convincing
the spirit court that the defent
is not entitled to pretrial rel.
This requirement means the state
has the burden of proving by
proponents of the evidence thate
trial court should deny bail,
either to secure the defense and appearance
in court or to protect the community.
Depending on the quality
of the defendants evidence,
the state may not need to present any
evidence to carry his burden of persuasion.
So I have determined this case t
Mister Williams has in fact mete
preliminary standards to show tt
he has ties to the community and
roots in the in the community ad
I find that his employment stats
in history are are sufficient.
The thing that still troubles
the court that's been presented
by presented to the state,
by the state in this particular
continued proffer is that one oe
factors I'm supposed to consider
is or decide is whether or not .
Williams poses significant risk of of
intimidation or threatening of witnesses,
in particular the State's profff
recent conversations and intervs
with witnesses in this case.
Attributing conduct of Mr.
Williams asking for permission
to harm others,
the court finds that that would make him
impose a significant risk to the community.
For that reason,
I'm going to deny bond,
continue to deny bond this time.
That's my role.