Well, I was able to witness first hand the result of bail reform in NY, tonight in town court. Let me just say that it was disturbing for numerous reasons.
First, let me explain as to why I was in court to witness this arraignment to begin with. It all started a couple months ago when our dog went AWOL without a collar on. Long story short, during his time on the lam, he was busted by the local dog catcher. He managed to make it home sans the escort, but a week after his dance with law, I received a court summons for having an unlicensed dog. Fast forward 2 prior court appearances that were adjourned until today, where I sat in the town court waiting to make my guilty plea in front of the judge and pay my fine of $25.
When I entered into the court room, I noticed there was a younger guy in his mid twenties that was in handcuffs and escorted by two Troopers. I wondered if I was going to witness bail reform in action, and I most certainly did. There was nothing private about this guy’s case. There is a microphone that the judge speaks into for the courtroom to hear, as well as everything being recorded in the courtroom. Apparently, the young man had “allegedly” stolen $1700 worth of electronics from Target. The judge spoke of how he was caught in the act with security camera footage and the defendant looked back at him and asked him if he was sure it was him, because he wasn’t the person that did this crime. The Troopers shook their heads and scoffed, and the judge did as well. He then explained that the defendant had the right to hire a private lawyer or apply for a court appointed lawyer for his return court appearance on the 25th. The young man asked for the court appointed attorney application, and the judge explained that he was required to return to court in a couple weeks but other than that he was free to go. During the arraignment, the judge asked the defendant for his home address, to which he responded with some made up address in Albany. He told the judge that he does not have a cell phone for the court to call him with a reminder of his next court date. The judge then went on record to explain to the court room how this goes against every bone in his body to have to release this man, who lied about his address, and knows will not return for the next court appearance. He spoke of how disgusted he is with these new laws and how in his 38 years on the bench he has never seen a more horrific decision made by a Governor. The Troopers joined in the discussion as to how this defendant lied about his address because he doesn’t actually have one. Apparently, the same Trooper had to put a warrant out to get him to appear in court tonight. He only knows that he was homeless because the defendant had called the Trooper this morning, as he was calling first to let the Trooper know how annoyed this young man’s Aunt was for calling her at 8 am, Sunday morning looking for her nephew, and oh yeah, to clarify that he had a warrant to appear in court tonight.
I watched this guy be released from handcuffs and set free to go on his way. I was called next, pled guilty, and went out to pay my fine. When I arrived at the cashier’s desk, the young man was hovering over a table in the hall attempting to fill out the application for the public defender. I could tell immediately that he was struggling to either read it or fill it out, and as I was waiting, the same Trooper walked out and asked the guy if he needed help filling out the application. I over heard him ask him if he was employed, to which he replied yes, and when asked by whom, the guy answered with “the stock market”. The Trooper explained that the stock market does not employ people directly, and suggested that maybe he was referring to being a day trader? The young man answered that he was an entrepreneur. He needed help filling out the application as he did not have the ability to comprehend and then respond accordingly.
I cannot tell you the mixed emotions that I had tonight. On one hand, we have an atrocity on our hands with the hideous bail reform that our elected representatives have passed with ZERO regard to the impact it would have. On the other hand, we have a perfect example of why bail reform was originally intended. This man is illiterate, bounces from place to place as he is not employed and utilizes his entrepreneurial skills boosting electronics. Is he a victim of circumstance or is he choosing this life of crime? I won’t lie, every bone in my body wanted to stop and help this guy fill out the form, had the trooper not. In the courtroom I felt contempt for his crimes, but outside of the classroom, I saw someone who was struggling and needed help.
I don’t have the answers to bail reform. I have more disdain for our elected representatives everyday, however, there has to be a better way. There needs to be more balance where people are held accountable for their actions regardless of the amount of money they have. We need to do better.
“When you know better, do better.”- Maya Angelou
So much love and repsect.
xo-e
The Underground Momma 