Thread on city bail reviews from 4/24. Again, only observations on some cases where information was available. Multiple prosecutors and defense attorneys participated. The proceedings were overseen by Judge Althea Handy, herself a former prosecutor.
A 21 yo defendant was released to pre-trial with 6/16/20 trial date. Incarcerated since Jan, state argued for him to be held despite offering plea deal for 6 mos and telling def. atty that in front of Judge Phinn they would offer time served next week. ASA was Michael Dunty.
Another def, accused of "assisting someone stabbing a victim" and incarcerated since Nov, was held as a danger to society. This is despite health factors that include a TBI & asthma. Handy noted TBI isnt a covid risk factor, however, said nothing about his asthma. 1/2
In the above case, the def atty noted that no discovery had been turned over. This is despite his incarceration for 5 mos and an original trial date of 3/25. (delayed due to covid-19) 2/2
Trigger Warning: Sexual Abuse
ASA Tonya Lapolla argued for a survivor and to be held for allegedly "aiding" in the attempted murder of someone who had molested her since the age of 13. The judge gave house arrest.
#SurvivedandPunished
ASA Tonya Lapolla argued for a survivor and to be held for allegedly "aiding" in the attempted murder of someone who had molested her since the age of 13. The judge gave house arrest.
#SurvivedandPunished
In another case, ASA Lapolla argued to hold an 18 yo who was still receiving treatment for being shot in the back in '19, in addition to his asthma. Lapolla cited juvenile record when def atty detailed how BWC did not fit state's narrative. Judge released him to home detention.
Note: Judge Handy at one point said she issued two warrants that morning for Judge Dorsey due to people being unable to afford home detention. E-carceration is not any type of solution.
Note: 4th Amendment issues are still being completely disregarded as the state's narrative (formed nearly entirely by police reports) dominates each proceeding.
There were 33 cases heard Friday. Based on the information available to us, all but two of the defendants were Black.
At least 10 of the defendants have medical issues, at least 7 of those have asthma. At least two are currently in the hospital units in the jails.
In at least 3 of Friday's cases, the body worn camera footage doesn't show what the state offered as "facts." In at least 3 cases, the state had not provided discovery timely (or at all).
In at least one case, the complaining witnesses had recanted well before the bail review. In at least one case, the state has had no contact with the victims/witnesses.
Several cases involved firearms not found on any person, at least two involved firearms discharge charges unsubstantiated by victims or witnesses.
In one case, the state alleged that the rather detailed events they offered as facts were witnessed by someone in the sky in Baltimore County's police helicopter, and the defense, who had seen the video, represented that the video doesn't actually show those events.
7 of the defendants were charged only with drug offenses. The state asked for one of these seven to be held without bail (he was released).
5 of the defendants are teenagers. One of them is a literal child.
The state requested that every one of the teenagers whose cases were heard Friday to be held without bail. The judge released all but one of them.
This is Marilyn Mosby's office making these demands to hold teenagers in COVID-19 hotspots, while Mosby continues to pretend to be an advocate for decarceration.
The one who wasn't released was the one who is an actual child. He's accused of being one of a group of young people involved in a fight. The state didn't produce discovery until the day before bail review, and it doesn't support the state's case as told to Judge Handy.
The child has been in jail since November. His lawyer asked for a juvenile hearing and nothing came of it. He has no criminal record.
Most of these defendants will have spent more than 180 days in jail by the time they go to trial.
And that is assuming they live to see trial. The unfortunate fact is that some of them will die in jail having never been convicted.
Maryland now has the death penalty again, and Marilyn Mosby is making sure it is imposed on people of all ages for even being accused of a crime.
We want to thank everyone who is helping us compile and disseminate this info, even while the courts are operating in secret. It is more important than ever that the actions of police, prosecutors, and judges be monitored by the public.
And a loud, neverending shout-out to defense attorneys, especially public defenders, who are on the frontlines doing hard, life-saving work that is too seldom acknowledged. <3
