THE
THE STATEWIDE CASH BAIL SYSTEM IS ABOUT TO UNDERGO MAJOR
CHANGES ONCE WE HIT
THE NEW YEAR.
JUDGES FOR THE MOST
PART WILL NO LONGER
BE ABLE TO PLACE BAIL
ON PEOPLE FACING
MISDEMEANOR AND
NONVIOLENT FELONY
CHARGES.
THE ERIE COUNTY
DISTRICT ATTORNEY IS
GETTING A HEAD START
BY NOT ASKING JUDGES
TO IMPOSE BAIL IN
MOST CASES.
BUT BUFFALO CITY
COURT JUDGES
CONTINUE TO DO SO.
ALI INGERSOL WITH
OUR NON-PROFIT
PARTNERS AT
INVESTIGATIVE POST
EXPLAINS.
EXPLAINS.
IN
IN A
IN A FEW
IN A FEW SHORT WEEKS. ON JANUARY 1, THE CASH BAIL SYSTEM
ACROSS THE STATE IS
GOING TO BE
REVAMPED. IN THE
MEANTIME. THE ERIE
COUNTY D-A HAS
STOPPED ASKING FOR
BAIL. BUT JUDGES ARE
STILL IMPOSING IT . ALL
THE PEOPLE WHO ARE
IN CUSTODY ON
MISDEMEANOR AND
NONVIOLVENT CHARGES
HAVE TO BE RELEASED
BEFORE THE START OF
THE NEW YEAR... AND
THE FACT JUDGES ARE
INCREASING THAT
PORTION OF THE JAIL
POPULATION WITH JUST
A FEW WEEKS TO GO IS,
AT
AT BEST,
AT BEST, CREATING A RUSH TO THE COURTROOM, AT
WORST. SETTING UP
THE COUNTY COURT
SYSTEM FOR A CIVIL
LAWSUIT...
THE CHANGES ARE
COMING AFTER THE
GOVERNOR AND STATE
LEGISLATURE
APPROVED REFORM
ACTS, ELIMINATING
CASH BAIL FOR PEOPLE
CHARGED WITH
MISDEMEANORS AND
NON-VIOLENT
FELONIES.
NON-VIOLENT FELONIES. JOHN FLYNN
ERIE COUNTY DISTRICT
ATTORNEY
FLYNN: 0153 INDIVIDUALS
WHO ARE CHARGED
WITH LOW LEVEL
OFFENSES,
MISDEMEANORS OR
EVEN NON-VIOLENT
FELONIES, SHOULD NOT
BE IN JAIL AWAITING
TRIAL JUST BECAUSE
THEY'RE POOR.
/
/
/ /
/ / FLYNN'S STANCE ON
CASH BAIL IS BEHIND HIS
REASONING TO GET
AHEAD OF THE
LEGISLATION. HE SENT
A MEMO TO HIS STAFF .
AND AS OF NOVEMBER 1,
ASSISTANT DISTRICT
ATTORNEYS CAN NO
LONGER ASK FOR BAIL
ON THESE LOW-LEVEL
CHARGES WITHOUT
PRIOR APPROVAL FROM
SUPERVISORS.
FLYNN: 0416 JUDGES ARE
STILL SETTING BAIL - I
CAN'T CONTROL THAT.
KEVIN STADELMAIER
CHIEF ATTORNEY,
CRIMINAL DEFENSE
UNIT, LEGAL AID
BUFFALO
0541 EVEN THOUGH THE
LAW IS NOT IN EFFECT
CURRENTLY, THEY
SHOULD BE FOLLOWING
THE SPIRIT OF THE LAW
.
/
. /
. / /
/ /
/ / JUDGE
/ / JUDGE CRAIG
HANNAH/BUFFALO CITY
COURT CHIEF JUDGE
1018
1018 I
1018 I DON'T WANT TO SOUND DISMISSIVE OR CONDESCENDING BUT,
FAR BE IT FROM US, TO
SECOND GUESS OR
SOUND DISMISSIVE OR
CONDESCENDING BUT,
FAR BE IT FROM US, TO
SECOND GUESS OR
MONDAY
MONDAY MORNING QUARTERBACK THE LOGIC OR THE
LOGISTICS AS TO WHY
THAT JUDGE SET BAIL."
UNDER THE NEW LAWS,
JUDGES WILL NOT BE
ABLE TO PLACE CASH
BAIL ON NEARLY 80
PERCENT OF THE CASES
HEARD IN BUFFALO CITY
COURT. MANY ARE
MINOR CHARGES ...
SUCH AS DRIVING WITH
A SUSPENDED
REGISTRATION, RIDING
THE METRO RAIL
WITHOUT A TICKET OR
STEALING A CANDY BAR
. BUT THESE CRIMES
CAN AND DO LAND
SOMEONE IN THE ERIE
HOLDING CENTER FOR
WEEKS OR MONTHS IF
THEY CAN'T COME UP
WITH MONEY TO POST
BAIL.
AND THAT TIME BEHIND
BARS. CAN HAVE
SHORT TERM AND LONG
TERM IMPACTS ON
DEFENDANTS.
LUKE LAZIK
0034 THERE'S A FEW
TIMES WHERE I MISSED
PAYING BILLS, MISSED
WORK, LOST WORK,
LOST MY JOB.
NAT POP OF COURT .
PUTTING UP MONEY
ISN'T THE ONLY WAY TO
ENSURE SOMEONE
COMES BACK TO
COURT. JUDGES HAVE
ALWAYS HAD NINE WAYS
TO SET BAIL... SIX OF
WHICH DON'T INCLUDE
FRONTING MONEY.I
WATCHED SOMETHING
SIMILAR HAPPEN
DURING CUSTODY
ARRAIGNMENTS LAST
WEEK. CITY COURT
JUDGE JAMES MCLEOD
CHOSE NOT TO SET
CASH BAIL IN ONLY TWO
OF THE MORE THAN 40
CASES ON THE DOCKET.
AS OF THE BEGINNING
OF THE MONTH, 592
PEOPLE ARE IN
CUSTODY AWAITING
TRIAL. AND NEARLY 100
ARE LOCKED UP
BECAUSE THEY CAN'T
PAY BAIL ON LOW-LEVEL
FELONIES AND
MISDEMEANORS. IT'S A
NUMBER THAT'S ONLY
INCREASING AS LONG AS
THE JUDGES ARE
SETTING BAIL. BEFORE
THE FIRST OF THE NEW
YEAR. THEY NEED TO
BE BACK IN FRONT OF A
JUDGE AND HAVE THEIR
BAIL RECONSIDERED,
LIKELY LEADING TO
THEM BEING RELEASED
FROM CUSTODY
BECAUSE IT'D BE
UNLAWFUL ONCE THE
BALL DROPS.
FLYNN
20:38 THAT WOULD
LEAVE A BLACK MARK,
QUITE FRANKLY, ON ALL
OF US
ALI - ON CAMERA
HANNAH
0633 CAN YOU
CONFIDENTLY SAY THAT
COME JANUARY 1,
THERE WILL NOT BE A
SINGLE PERSON, A CASE
OF ANY PERSON WHO IS
IN JAIL UNLAWFULLY?
0715 I DON'T THINK IM
POINTING A FINGER, I
THINK IT'S JUST ETHICS
AND CANONS OF ETHICS
THAT IT'S THE DEFENSE
ATTORNEYS OBLIGATION
TO ALERT JUDGES AD
BRING THINGS TO THEIR
ATTENTION ESPECIALLY
WHEN THEIR CLIENTS
HAVE ISSUES WITH
THEIR BAIL
STAND UP AND WHILE
THE CITY COURT CHIEF
JUDGE SAYS THE ONUS
IS ON THE DEFENSE
COUNSEL, THE FALL OUT
WOULD REALLY IMPACT
THE DA, COURT SYSTEM,
AND JUDGES
THEMSELVES IF
SOMEONE IS
UNLAWFULLY IN JAIL ON
JANUARY 1 AS THEY'RE
THE ONES WHO COULD
BE LISTED IN A CIVIL
LAWSUIT IF THAT
HAPPENS.
FOR CHANNEL 2 NEWS,
I'M ALI INGERSOLL WITH
INVESTIGATIVE POST.