Author: Michael Rushford

California’s Fourth District Court of Appeals held last Tuesday that an emergency rule by the state’s Judicial Council authorizing  judges to give zero bail to those charged with nonviolent crimes is not mandatory.  Alaina Lancaster of the Recorder reports that the unanimous court asserted that “[t]he Judicial Council did not intend to suspend the array of statutes governing bail, as well as the superior court’s inherent authority, which allow the court to depart from the scheduled bail amount or impose bail conditions in individual cases under appropriate circumstances.”   The decision was announced in response to a San Diego Superior Court Judge’s decision to depart from the rule and set bail for defendants in order to “assure the appearance of the defendant or protect public safety.”

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A Los Angeles County decision to eliminate bail for those arrested for so-called “low level” felonies is proving to be a bonus for habitual criminals.  The no-bail policy was instituted in late March to reduce the jail population and protect inmates from the Covid-19 virus.  Richard Winton at the Los Angeles Times reports that the no-bail policy has turned the police department into a revolving door where criminals are arrested, charged then released after a few hours to commit another crime.  Over a three-week period in April, habitual felon Eric Medina was arrested and released four times for stealing cars.  In the first 30 days of the policy LAPD has arrested and released 213 criminals multiple times for felonies such as car theft, which is not considered an important crime worthy of time in jail unless, of course, it happens to be your car.

UPDATE:  On Thursday, Alameda County Judge Thomas Reardon released suspected double-rapist Gregory Vien from jail pending trial to protect him from Covid-19.  DNA evidence linked Vien to two rapes in 1997.   The judge relied upon an advisory from California’s Judicial Counsel which recommends zero bail for those arrested for non-violent offenses.  Apparently Judge Reardon considers rape a non-violent offense.

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Although Orange County jails are not full, a court commissioner recently ordered the early release of seven high risk sex offenders because of the Covid-19 pandemic.  Jessica De Nova of ABC news reports that all of the released criminals have previously violated parole, some several times.  The Sheriff told reporters that his jail population is down by 45% since March and that none of releases are related to measures taken to protect inmates from the virus.  “We have responsibly created the capacity need in the jail to house sex offenders and other dangerous criminals.”

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During the Covid-19 lockdown, New York’s subways are supposed to be a primary mode of transportation for people working in hospitals, grocery stores and other essential services.  But as reported by CBS New York,  nurses taking the subway to work are sharing the cars with dozens of passed out homeless and shopping carts filled with garbage.  “There is an astronomical amount of homeless people now in the subway,” one conductor told reporters.

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While many police departments are reporting lower rates of most crimes during the coronavirus stay-at-home order, auto thefts have increased in several urban communities.  Scottie Andrew of CNN reports that in  Seattle car thefts have jumped by 24%.  Los Angeles saw an 11.3% increase.  But while auto thefts have increased by 53% in New York City over the past 28 days, some other crimes have also increased in the Big Apple.  According to NYPD Chief Terence Monahan, homicide and burglary have also increased by 5.7% and 21% respectively.    Perhaps the elimination of bail this year and the Mayor’s decision to release inmates to protect them from the virus in NYC had something to do with this.

California’s First District Court of Appeals has rejected a gang murderer’s claim that using his membership in a street gang as a special circumstance to support his life without parole sentence (LWOP) was unconstitutional.  The San Jose Mercury News reports that the court’s unanimous decision denied the claim, finding that the sentence enhancement for a killing that furthers the purpose of a gang does not violate the Eighth Amendment.   The case involved the 2014 first-degree murder conviction of David Arce for the killing of rival gang member Earl Hamilton.  After finding Arce, guilty of the murder, the jury found two special circumstances; the killing was gang related, and Arce was a convicted felon in possession of a firearm.  These findings qualified Arce for a sentence of LWOP.   On appeal, Arce claimed that the law allowing a special circumstance for a murder which furthered the purpose of a gang is unconstitutionally vague.   The court held that “It is difficult to conceive of a situation where a defendant would commit murder to further an innocent gang purpose.”   It is likely that Arce will appeal the decision.

In recent days national news reporting on the coronavirus pandemic has focused upon the race of those dying from the disease as proof of structural racial bias in the American health care system.  In an article published in today’s American Greatness, Manhattan Institute Scholar Heather MacDonald cites news stories across the country reporting that the fact blacks and Hispanics are dying from the virus at a higher rate than their proportion of the population is clear evidence of racial bias.  Responding to this disparity the Chief Equity Officer of the American Medical Association went so far as to assert the “widely known history that American health institutions were designed to discriminate against blacks.”

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A divided Ninth Circuit panel has ruled that illegals seeking asylum who are held by ICE for more than six months are entitled to a hearing for possible release on bond.  Bob Egelko of the San Francisco Chronicle reports that the ruling could apply to thousands of migrants (read illegal aliens) held pending review of their asylum claims.  Dissenting judge Ferdinand Fernandez held that the ruling conflicted with a 2018 U.S. Supreme Court decision which announced that illegal aliens could be detained until their cases were decided.  But Judge Milan Smith, a W. Bush appointee, and Judge Eric Miller, appointed by Trump, found no conflict, citing an earlier 9th Circuit ruling announcing that asylum seekers are entitled to a bond hearing unless they are determined to be dangerous or likely to flee.  A San Francisco attorney representing the plaintiffs called the ruling “a tremendous victory for immigrants…”  He must have meant a tremendous victory for illegal immigrants.  Those who migrated here legally gain nothing from this ruling.

With the support of prison reform advocates and and some public health officials, thousands of jail and prison inmates are being released across the country due to the coronavirus pandemic.  Jeff Mordock of the Washington Times reports that although public defenders claim that those released are “nonviolent and elderly offenders” police groups say many are repeat offenders including  serious criminals and sex offenders.  A Director at the pro-release Justice Action Network, told reporters that “No process is ever going to be perfect,” noting that, from her perspective, releases where 20-30 percent are dangerous offenders is acceptable.  In Chicago, hundreds of inmates are being released anonymously from from jails because public defenders and State’s Attorney Kim Foxx believe their identities need to be protected so they are not “opened to further stigma.”  As is typical in Chicago politics the State’s Attorney is blaming the Sheriff for keeping the names secret while the Sheriff says the State’s Attorney is responsible for reporting who is getting released.  It is clear that progressive, pro-criminal groups and politicians are using the current pandemic as an excuse to advance their political agenda.  As usual, the law abiding public will pay for this.

After a violent Tuesday night of shootings that left 7 dead and 14 injured, Chicago Mayor Lori Lightfoot ordered the city’s liquor stores to close at 9:00 pm.  CBS Chicago reports that the curfew will remain in force until the city’s stay-at-home order is lifted on April 30.  Gun violence and gatherings violating the order have been occurring frequently in the windy city since people were told to stay home and practice social distancing on March 21.  Over 2,000 dispersal orders have been issued in response to large gatherings including parties and eleven citations with fines of up to $5,000 have been given to bars, restaurants and other businesses considered non-essential which had remained open.

  Mayor Lightfoot’s personal commitment to the stay-at-home order was questioned after CBS reported that her hairdresser posted a photo of the two of them last Sunday after she did her hair.  The Mayor told reporters that she was practicing social distancing because the hairdresser had a mask and gloves on.  Does anybody see a mask, gloves or distancing in this photo?