CHIEF Prosecutor Chester Hinds said he fully supports House Bill 23-33 or the Bail Reform Act, which proposes to amend the law pertaining to a criminal defendant’s right to bail.
The measure would remove the right to be released on bail of a person under the influence of liquor and drugs, and allow a prosecutor to be heard before bail is granted. It would also prohibit the release of a person on bail for an offense committed while the person is released on bail or after an arrest for violation of a condition of probation that included an allegation of a new offense.
Hinds, in his comment regarding the bill, which was submitted to the Office of the Attorney General on May 19, said its purpose is to improve current law by striking a balance between the rights of the accused and public safety.
“The bill takes a strong stance on offenders who commit felony offenses with victims involved. When an offender commits crimes such as violent crimes, most especially crimes of domestic violence such as stalking, strangulation, sexual assault, and assault and battery, an offender will no longer be released on bail to potentially harm another or the same victim who called the police in the first place,” Hinds added.
He said the Office of the AG’s Criminal Division has seen, many times, a repeat offender get arrested and released on unsecured bail the next day.
“The offender returns to the victim’s residence inflicting even more violence or threats of violence resulting in more trauma for the victim and their respective families. In other instances, once the offender is released, the victim is too afraid to stay in their own home and is forced to seek protection in a shelter,” Hinds said.
“This bill is vital for keeping victims feeling secure and safe,” he added.
The defendant’s right to bail is not automatically taken upon rearrest, he said.
“A prosecutor must file a motion to deny bail and show by a preponderance of evidence why the court should deny the defendant’s release through bail. This step allows the court to again balance the need for public safety with the rights of the accused,” he added.
Proposed by Rep. Marissa Flores, H.B. 23-33 cited the case of Keisha King who was kidnapped and shot on March 12, 2020, by Gordon Castro, a convicted felon with a substantial criminal history who was released on bail in two pending felony drug cases.
Hinds said Castro, a repeat offender, was released on bail in 2019. “I was the prosecutor that handled the Gordon Castro drug case in 2019. He was allowed to post bail even though he had a kidnapping (domestic violence) conviction in 2015, in which he served three years. It was during his release in the 2019 case where he first illegally obtained a gun, then kidnapped his then girlfriend, Keisha King, who he eventually shot and killed.”
“I knew Keisha King,” Hinds added. “She was a graduate of the Judiciary’s Drug Court program. Keisha was smart and had a bright future. But like many victims who try to get away from their old life, and abusive relationships, they cannot break the cycle of violence because their offender is free. In that case Gordon Castro should have never been out on bail. If he was not out on bail, Keisha may have had a chance to live a fruitful and promising life. There are many issues that need to be addressed to ensure others are not in the same situation like the Gordan Castro case,” Hinds said.
He believes that H.B. 23-33 “works collectively to address some of those issues, which will not only improve public safety, but the victim’s safety.”
“Unfortunately, the OAG Criminal Division does not currently track the number of cases committed by defendants released on bail,” he said. “That being said, defendants committing new crimes while on bail happens often.”
“Recently,” he added, “a defendant out on bail for [domestic violence], Assault & Battery went back to the victim’s residence and assaulted her again. He was arrested and he was not allowed to post bail. This bill makes that process much more efficient and effective.”
He said the CNMI is a close-knit and intimate community. “When victims and families are safe, the public and communities across the Northern Mariana Islands are also safe,” he added.
He said the Office of the AG’s Criminal Division is in full support of the Bail Reform Act.
“It is imperative for the court to consider offenders who violate conditions of their release while on bail, probation or parole conditions,” Hinds said.
On Wednesday, Variety learned that the bill had been revised and its findings now state: “To update the bail laws and protect the public from violent, repeat offenders and impose consistent conditions for release. Violent, repeat offenders, especially those who disobey the conditions of release, present an increased danger to the community. These amendments provide for more consistent application of conditions of release and consequences for violation of those conditions. The overall intent is to make sure violent, repeat offenders appear in court and do no further harm to the public and victims of crime.”
The original bill was titled the Keisha King Bail Reform Act, while the substitute bill is simply called the Bail Reform Act.
Chester Hinds
