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Only wealthy defendants can make million- dollar bail, lawyers gripe Rosynsky, Paul T . Oakland Tribune ; Oakland, Calif. [Oakland, Calif]12 Mar 2009.

ProQuest document link ABSTRACT (ABSTRACT) Responding to an order by the state Supreme Court, which found the county's previous bail schedule

unconstitutional, a panel of judges amended the guidelines to give bail rights to defendants who, under the old

guidelines, were denied bail.

"It certainly is an improvement, but it continues to raise concerns," said Michael Risher, a staff attorney with the

ACLU of Northern California. "Setting the bail at $2.5 million means only the wealthiest will be able to set bail; it is

much more than is required to make sure people return to court."

"It's better than no bail, but it is an arbitrary figure," said Assistant Public Defender Drew Steckler. "The impact is

negligible to nonexistent." FULL TEXT OAKLAND -- Murder suspects and those accused of a dozen other violent felonies in Alameda County will be given

the opportunity to seek at least $2.5 million in bail under a new set of guidelines issued by the Superior Court last

month.

Responding to an order by the state Supreme Court, which found the county's previous bail schedule

unconstitutional, a panel of judges amended the guidelines to give bail rights to defendants who, under the old

guidelines, were denied bail.

Under the state constitution, all criminal defendants, except those facing the death penalty or found to be an

immediate danger to society, have the right to bail regardless of the crime they are accused of committing.

The constitution and state law mandate that bail be used as a method to ensure a defendant returns to court for

trial and not as a means to keep someone behind bars during the course of legal proceedings.

But for as long as anyone in the county's criminal legal community could remember, Alameda County's bail

schedule worked in the opposite way by recommending to judges that suspects accused of violent crimes not

receive bail.

The unconstitutionality of the county's bail schedule, however, was never challenged, in part, because many

suspects accused of murder in Alameda County don't have the resources to post a high bail, and therefore their

attorneys never sought it.

But a recent high-profile case focused attention on the schedule and forced the county's judges to revisit their

guidelines.

The case, which prompted the Supreme Court ruling, involves murder defendant Andrew Hoeft-Edenfield, who is

accused of stabbing Christopher Wotton to death during a brawl on fraternity row near UC Berkeley.

Under the state constitution, Hoeft-Ednefield has the right to have a bail set because he is not charged with a

capital murder and was not found to be an immediate danger to society. But when his attorney, Yolanda Huang,

requested bail last year, it was denied by Alameda County Superior Court Judge Morris Jacobson.

Huang appealed the decision to the state Supreme Court, which reviewed the case late last year and found that

Jacobson could not summarily deny bail to Hoeft-Edenfield.

The Supreme Court sent the case back to Alameda County saying the county's district attorney had to cite reasons

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why Hoeft-Edenfield should not be given bail. The district attorney could not cite any reasons, and Hoeft-Ednefield

was granted a $2 million bail last month. He remains in jail.

Huang's appeal focused attention on the county's bail schedule and caught the attention of the American Civil

Liberties Union, which wrote a letter to the county's presiding judge requesting a change in the guidelines.

That change came last month when the court released its new bail schedule, which recommends defendants

accused of violent felonies receive a minimum bail of $2.5 million only if their attorney seeks it.

Although the change grants bail to those previously denied the right, criminal defense attorneys and the ACLU of

Northern California said Thursday that the changes made are not sufficient enough to make the guidelines

constitutional.

"It certainly is an improvement, but it continues to raise concerns," said Michael Risher, a staff attorney with the

ACLU of Northern California. "Setting the bail at $2.5 million means only the wealthiest will be able to set bail; it is

much more than is required to make sure people return to court."

Risher and criminal defense attorneys, including the Alameda County Public Defenders Office, said the new

guidelines continue to use bail as a means to keep a defendant in jail rather than to ensure they appear in court for

a trial.

"It's better than no bail, but it is an arbitrary figure," said Assistant Public Defender Drew Steckler. "The impact is

negligible to nonexistent."

It remains unclear how the county's judges decided to set the minimum bail at $2.5 million.

The county's presiding judge, Yolanda Northridge, did not return phone calls seeking comment.

Nevertheless, criminal defense attorneys said they welcomed the change but cautioned that it continues to keep

the subject open to future appeals.

"It would seem to me that amount of money is punitive and intended to keep a defendant in jail," said Anne Beles, a

criminal defense attorney. "But at least it is not patently illegal anymore. That is an improvement." DETAILS

People: Hoeft-Edenfield, Andrew Huang, Yolanda

Publication title: Oakland Tribune; Oakland, Calif.

Publication year: 2009

Publication date: Mar 12, 2009

Section: My Town

Publisher: Bay Area News Group

Place of publication: Oakland, Calif.

Country of publication: United States, Oakland, Calif.

Publication subject: General Interest Periodicals--United States

ISSN: 10685936

Source type: Newspapers

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Language of publication: English

Document type: News

ProQuest document ID: 352393820

Document URL: http://0-

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Last updated: 2011-09-26

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