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COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail

Loaded on June 15, 2020 by Douglas Ankney published in Criminal Legal News July, 2020, page 37
Filed under: COVID-19, Bail/Pretrial Release, Delays in Prosecution of Case. Location: New York.

by Douglas Ankney

In New York, persons accused of felonies are brought before a judge who decides whether to impose bail. Then prosecutors must present the evidence before a grand jury within six days and obtain an indictment. If the prosecutor fails in this process, the person can plead with the judge to go free. But Governor Andrew Cuomo suspended the six-day deadline in his March 22, 2020, stay-at-home order. New York court officials deemed grand jury hearings as non-essential while the COVID-19 outbreak is underway.

Appearing before a judge to set bail is relatively easy. It can be done via a video and a TV monitor. But convening a grand jury requires assembling a large number of people. And suspending the six-day deadline has resulted in those unable to make bail sitting in jail for longer periods. Only about one in four people charged with a felony in New York are indicted by a grand jury. Prosecutors often drop the charges within the six-day window if victims or witnesses refuse to testify or if the case appears too weak to lead to a conviction. With the suspension of grand juries, “people who could have their cases resolved, they are now sitting in jail,” said Stan German, executive director of New York County Defender Services.

This is especially devastating to the sick and infirm. Curtis Holly told the judge in Manhattan criminal court that his immune disorder, asthma, and infected gunshot wound put him at risk of death if he were held at the Rikers Island jail complex where a COVID-19 outbreak rages. Holly burst into tears when the judge set his bail at $5,000. Even though the victim didn’t want to press charges, Holly remained in jail eight days later without being indicted.

While New York, Florida, and Iowa have suspended grand juries and are keeping pretrial detainees in jail, California has taken an opposite approach during the coronavirus pandemic. There, judges have been ordered to free those accused of lower-level felonies on $0 bail. 

 

Source: themarshallproject.org

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  1. A Nation on the Brink, by Christopher Zoukis
  2. Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm, by Anthony Accurso
  3. From the Editor, by Richard Resch
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  6. Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule, by Dale Chappell
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  8. California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition, by Douglas Ankney
  9. Police Violence Detrimental to Public Health, by Douglas Ankney
  10. Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing, by Dale Chappell
  11. Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence, by Anthony Accurso
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  14. Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data, by Anthony Accurso
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  17. Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement, by Dale Chappell
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  19. Biden Accuser Accused of Inflating Credentials to Qualify as Expert Witness, Calling Convictions into Question, by Derek Gilna
  20. Perjurous New York City Cop Sentenced to a Single Day in Jail, by Edward Lyon
  21. Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy, by Dale Chappell
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  26. Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement, by Douglas Ankney
  27. Justice Office Awards $145 Million in Forensic Science Grants, by Anthony Accurso
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  29. California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision, by David Reutter
  30. Aggressive NYPD Police Tactics Spreading COVID-19, by Michael Fortino, Ph.D
  31. COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail, by Douglas Ankney
  32. California Supreme Court Announces Sentencing Law Changes Apply Until Revocation Sentence Becomes Final, by Anthony Accurso
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