Pretrial Services has an excellent record. Its fugitive rate was just 0.73% in 2011, so I'd be inclined to accept its recommendations.
Under Pennsylvania law, Defendants are entitled to bail for most offenses. Factors a Court should consider in determining the amount are the nature of the offense and likelihood of conviction; the Defendant's work history; his family relationships and the length of time that he and his family have spent in the community; the extent of his criminal record; whether he has appeared in the past; and his reputation and addictions.
Based on Klingle's bail hearing on August 7, it appears that Pretrial Services had a legitimate basis for concluding that Klingle presented no flight risk. Given the fact that there was a previous relationship between Klingle and the victim, it's possible that this prosecution may have had some weaknesses. Nevertheless, Assistant DA Bill Blake was opposed to a reduction in bail based on the facts as they were known to him.
Below is a transcript of the bail hearing.
THE COURT: Call your first case, please.
MS. REYNARD: Mr. Klingle.
THE COURT: You may report.
MS. REYNARD: Yes, Judge. Mr. Klingle is here today seeking a bail reduction. His bail is currently set at $25,000 without the privilege of 10 percent. His criminal charges that were filed by the Nazareth Borough Police Department of aggravated assault; recklessly endangering another person; simple assault, two counts; rape; involuntary deviate sexual intercourse; sexual assault; aggravated indecent assault, two counts; kidnapping to facilitate a felony; and unlawful restraint. Mr. Klingle has been in the custody of the prison since July the 12th. A preliminary hearing has not yet been held.
Mr. Klingle's a local -- local fellow, resides with his mother, sister, and the defendant's daughter, five-year-old daughter, at [address redacted] in Bangor past 17 years. He works, Judge. He works at Pen Argyl Pizza for the last year, high school graduate, plenty of family in the area. He is the primary physical -- has primary physica1 and legal custody of his five-year-old daughter.
He does have a record, Judge, and let me go over that with you. He has a simple assault back in 2010, in which he was released on unsecured bail and appeared for all the proceedings. It was a nine-month probation sentence until later on that year when he got charged with a felony, possession with intent to deliver cocaine, and he was sentenced to 6 to 23 months, and then he got a 4-and-a-half to 9-month sentence on the probation hit. So those are the two most serious cases.
THE COURT: What was the date of that?
MS. REYNARD: That was back in 2010, so he has since concluded his supervision with all of those matters. There was a D.U.I. in 2012, and there is some pending motor vehicle charges in Monroe County that he has to deal with involving not having an interlock. He had two D.U.I.s that were both pled out as first offenses, so that's his criminal history.
He has made bail in a majority of his cases except the felony in which he was detained anyway. So he's made bail in the past, and I can report he appears for everything. He works. He has these family ties. The allegation involves a girlfriend, and he was arrested approximately 36 hours after the incident.
If Your Honor would like to review the affidavit rather than me trying to explain it?
THE COURT: Okay.
MS. REYNARD: Judge, I'm going to make a recommendation that involves some change here. I'm going to suggest that the modification be allowed to 10 percent required --
THE COURT: What was the original bail?
MS. REYNARD: 25,000. Third-party surety, obviously no contact with the victim, and random urine screens to ensure sobriety.
THE COURT: Commonwealth?
MR. BLAKE: When is the preliminary hearing set for?
MS. ARIFAJ: It is scheduled for September 2nd at 1:00.
MR. BLAKE: Judge, I think in light of the nature of the charges and the factual allegations, considering his criminal
history, I would request that bail remain the same until such time as the preliminary hearing has been completed. Then it can always be revisited.
MS. ARIFAJ: Your Honor, a lot of what I'd be saying would be highlighting a lot of what Ms. Reynard already highlighted to the court. He does have connections to the community. He does have a work history. He has a history of showing up for his court dates. Again, his next court date is not until the beginning of September. I would ask the court to grant the 10 percent bail.
THE COURT: Mr. Klingle, I'm going to accept the recommendation. I'm going to set your bail at $25,000, 10 percent cash deposit, third-party surety. Should you post bail, you are to have no contact with the victim and submit to random urine tests, remain under pretrial supervision until your case is disposed of. And the basis for granting that is the fact that on past occasions you appeared, and I don't believe you're a flight risk.
THE DEFENDANT: Thank you, Your Honor.
MS. ARIFAJ: Thank you, Your Honor.
(The proceedings concluded.)
7 comments:
Bernie,
Off the top of your head, do you know who the judge of district justice this transcript prevails from? Thanks!
This was not a magisterial district judge. It was on county court before Judge Dally.
You should change the headline on a prior post to "Who's Minding The Store For Nazareth And Everyone Else?" Statistics don't matter to the victim. This was a terrible miss.
It certainly was, and I'm sure that the situation is being reviewed by Pretrial Services. His drug problem appears to have been worse than was thought. I'm sure it's no.consolation to the victim, but this office has an excellent reputation and works to get it right.
Prime example of The System not protecing the victim and society from a violent, known thug
It seems that a lot of weight is placed upon appearing in court when the real question is will this person offend again? It's a shame.
You just made the mistake of assuming that he's guilty by asking whether he will offend again. So your own priorities are a bit askew. He is presumed innocent. His prior criminal record must be considered, as well as the severity of the offense and the likelihood of conviction. Pretrial Services went into his prior record in great detail. Though he is no saint, he does not appear to be Evil Incarnate, either. That would be me. The charges are quite serious. I do not know how strong the case is.
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