Reporter Tom Pappert: Allowing Judges to Deny Bail Outside Capital Crimes ‘Common Sense’ to Enhance Law and Order in Tennessee

Tom Pappert

Tom Pappert, lead reporter at The Tennessee Star, said he believes Tennesseans will see Senate Joint Resolution (SJR) 25, a constitutional amendment that would allow judges the option to deny bail to defendants accused of crimes outside capital offenses, as a “common sense way to restore and enhance law and order” in the state.

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Police: Nashville Man Arrested for Fleeing in Stolen Vehicle Previously Bailed Out on More Stolen Vehicle Charges

Kenneth Strickland

The Metro Nashville Police Department (MNPD) reported on Saturday that a man was arrested for the second time in ten days over charges involving a stolen vehicle, with separate judges establishing bonds of less than $100,000 after both instances.

MNPD on Saturday reported the arrest of 31-year-old Kenneth Strickland by its Violent Crimes Division after he allegedly fled from a traffic stop while driving a stolen Jeep Grand Cherokee.

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Tennessee Weighs Constitutional Bail Amendment as 20+ States Let Judges Deny Bond Outside Capital Cases, Including Texas and California

Gavel court judge order

The Tennessee State Senate on Monday is scheduled to vote on a resolution that would amend the state constitution to expand the number of cases where judges are allowed to deny bail, as the Volunteer State currently mandates all defendants be issued bail unless they are accused of a capital crime.

In addition to capital murder cases, Senate Joint Resolution (SJR) 25 by Senate Majority Leader Jack Johnson (R-Franklin) would modify the Tennessee Constitution to empower judges to deny bail to defendants accused of second-degree murder, acts of terrorism, aggravated rape, aggravated rape of a child, grave torture, or any crime which would require a defendant to serve at least 85 percent of their sentence behind bars if convicted.

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Resolution to Amend Tennessee Constitution Allowing Judges to Refuse Bail to Violent Defendants Would Not Lead to Overcrowded Jails, Reporter Says

Inside prison

Tom Pappert, lead reporter at The Tennessee Star, said a resolution in the Tennessee General Assembly that would amend the state’s constitution to allow judges the discretion to refuse bail to defendants facing certain charges would not lead to overcrowding in jails across the state.

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Constitutional Change to Tennessee Bail Could Keep Thousands of Criminals Off Streets Before Trial

Tennessee Speaker Cam Sexton, Police arrest

The Tennessee State Senate on Tuesday will consider a resolution that would begin the process of amending the Tennessee Constitution to allow judges the discretion to refuse bail to defendants facing a greater variety of charges, potentially resulting in thousands of additional criminals kept off the street while awaiting trial.

Senate Joint Resolution (SJR) 25 would modify Article 1, Section 15 of the Constitution of Tennessee to allow judges to refuse bail to defendants accused of capital offenses, acts of terrorism, second degree murder, aggravated rape of a child, aggravated, rape, and grave torture, as well as those who face charges for which the defendant, “could not be released prior to the expiration of at least eighty-five percent of the entire sentence imposed.”

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Tennessee Senators Prepare to Consider Plan to Ban Judges from Offering Bail to Alleged Terrorists, Murderers, and Child Sex Offenders

Arrest

A Tennessee State Senate resolution took its next step toward changing the Tennessee Constitution, as on Wednesday, SJR 25 was placed on the calendar for the Senate Judiciary Committee to consider next week.

Filed by Senate Majority Leader Jack Johnson (R-Franklin) last month, a description of the resolution explains that it would modify Article 1, Section 15 of the Constitution of Tennessee to make those likely to be convicted of certain offenses ineligible for bail or other forms of pretrial release.

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Critics Blast Michigan Bail Reform Bills as ‘Clear Threat to Public Safety’

Graham Filler

Six bills under consideration in the Michigan’s House Criminal Justice Committee would reform state law to limit judges from requiring bail as a condition of release for some accused criminals awaiting trial.

Among other changes, House Bills 4655-4656 and 4658-4661 would stiffen the criteria for imposing detention conditions on a person accused of a low-level crime awaiting trial, denying judges the ability to factor in a defendant’s criminal history, prior failures to appear in court, or potential danger to the community.

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Tennessee State Sen. Brent Taylor Asks D.A. Appeal After Judge Releases Man Accused of Shooting FexEx Worker

Bill Anderson

Tennessee State Senator Brent Taylor (R-Memphis) on Wednesday sent a letter to Shelby County District Attorney Steve Mulroy requesting his office file an appeal of the recent decision by General Session Court Judge Bill Anderson to release a man accused of shooting a FedEx worker from jail without bail.

Despite 18-year-old Tyreese Earnest reportedly waiving his Miranda rights and admitting to his role in the shooting of a FedEx worker, Anderson released him on his own recognizance without any bail with the opposition of District Attorney Steve Mulroy, who NewsChannel 3 reported said he disagreed with the judge’s decision but would respect it.

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Memphis Man Who Allegedly Brought Illegal Gun to High School Now Charged with Robbery

Javarious Sistrunk

A 19-year-old Memphis man who was arrested after he allegedly brought a stolen gun to Hamilton High School was arrested again on Monday and remains behind bars after reportedly being charged with aggravated battery and possession of controlled substances.

Shelby County Sheriff’s Office records confirm Javarious Sistrunk is back in jail on Monday, where he is held on a $80,000 bond, after Action News 5 reported police accused him of robbing a woman and possessing a controlled substance on Monday night. 

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ACLU Sues Tennessee over New Bail Law

Attorney Trisha Trigilio

The American Civil Liberties Union (ACLU) is suing Tennessee over a recently-enacted law bars judges from considering whether an alleged criminal can afford bail when making the decision on whether grant bail. 

“Today, the American Civil Liberties Union (ACLU) Criminal Law Reform Project, ACLU of Tennessee, and Simpson Thacher & Bartlett LLP filed a lawsuit on behalf of Just City Memphis to challenge the constitutionality of Tennessee’s unprecedented new bail law, arguing that the law violates the Fourteenth Amendment by mandating unfair bail hearing procedures and discriminatory wealth-based detention,” according to the ACLU. 

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U.S. Marshals, Memphis Police Capture 18-Year-Old Murder Suspect Out on Bond for Previous Vehicle Thefts

DeMario Wilson

An 18-year-old man wanted for a deadly shooting and robbery that took place in an apartment complex in the Raleigh area of Memphis last month was captured on Tuesday by U.S. Marshals and Memphis Police Department (MPD) officers.

The suspect, Demario Wilson, was taken into custody at a residence in the 2200 block of Eldridge Avenue in Memphis, according to the U.S. Marshals Service.

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Reporter Tom Pappert Discusses Latest Developments in Case Involving Transgender Arrested on Stalking Charges

McKenzie McClure

Tom Pappert, lead reporter at The Tennessee Star, pointed out that McKenzie McClure, the biological female and former Christ Presbyterian Academy (CPA) student arrested by federal authorities on cyberstalking charges, may have been subject to a 30-day mental hold as she awaits a detention hearing scheduled for June 3.

McClure, who identifies as a transgender man and prefers the name “Kalvin,” was arrested on cyberstalking charges on April 29 after making a public threat against Governor Bill Lee and leaving a concerning voicemail to CPA in March, which caused two schools to shut down the following day.

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Executive Assistant U.S. Attorney Confirms Transgender Arrested for Alleged Cyberstalking Will Remain in Custody Leading up to June 3 Hearing

US Atty Mark H. Wildasin, McKenzie McClure

An executive assistant attorney with the Middle District of Tennessee U.S. Attorney’s Office confirmed to The Tennessee Star that McKenzie McClure, the biological female and former Christ Presbyterian Academy (CPA) student arrested by federal authorities on cyberstalking charges, will remain in custody leading up to a June 3 detention hearing.

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Memphis Man Released on Bail Hunts Down, Shoots Witness from Trial

Tavious Wilson

A Memphis man out on bond for his alleged involvement in a shooting earlier this year is behind bars once again after being accused of hunting down and shooting a witness who testified at trial for the earlier shooting case.

On Monday, ABC24 News reported that it had obtained an affidavit from Shelby County court records showing that officers with the Memphis Police Department (MPD) responded to an aggravated assault on May 2 in the area of James Road and Raleigh-Millington Road.

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Nashville Police Say Man Behind Nightclub Shooting Was Previously Released on $50,000 Bond

Erik Dewaun Williams

The man who allegedly shot six outside a Nashville nightclub on Sunday was previously released from jail on a $50,000 bond, the Metro Nashville Police Department (MNPD) confirmed.

Williams is accused of injuring six in a shooting near the Soho Lounge in South Nashville, with MNPD reporting officers were initially responding to a call about “persons with guns fighting.”

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Tennessee Bill Would Create New Misdemeanor Crime for Defendants Caught Violating Bail

Bills advancing through the Tennessee General Assembly would make it a misdemeanor crime for a defendant to violate the conditions of their bail.

The legislation seeks to create a new Class A misdemeanor offense to charge defendants who violate the terms of release secured by paying a bond. Lawmakers specifically want to amend the existing Tennessee Code that mandates arrest warrants be filed for those who violate their release terms to also include the criminal offense.

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Tennessee State Senator Brent Taylor Sponsors Several Crime-Related Bills in Effort to ‘Make Memphis Matter’

State Senator Brent Taylor

Tennessee State Senator Brent Taylor (R-Memphis) announced he is sponsoring several crime-related bills this legislative session in an effort to fight crime and “Make Memphis Matter.”

In a letter to his colleagues in the Tennessee State Senate, Taylor detailed 13 pieces of legislation he is sponsoring and asked his colleagues to consider sponsoring the bills as well.

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State Senator Brent Taylor: ‘If We Don’t Get It Turned Around,’ Memphis will Become the ‘Example of a Failed City’

Brent Taylor

Tennessee State Senator Brent Taylor (R-Memphis) said Memphis will become the “butt of every joke” and the “example of a failed city” if its bail system and crime crisis are not addressed.

Noting how Detroit was once an example of a “failed city” and a “shell of its former self,” Taylor explained what steps the city has taken to reduce crime and how Memphis should follow its lead.

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News Station Poll: 97 Percent Oppose Releasing Violent Criminals Without Bail

According to a poll by The National Desk that is circulating on local Tennessee news websites, 97 percent of respondents said they believe that violent alleged criminals should not be released back onto the streets without bail.

The poll, which is running on WTCV in Chattanooga and WZTV in Nashville, asks respondents, “Do you think those arrested for violent crimes should be released without bail?”

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Report: Virginia Criminal Case Workload Nearly Doubled, Multiple Factors Blamed

Lawyers Working

A recent report revealed that Virginia’s criminal defense court-appointed and public defense attorneys are underfunded and that most cases are now taking twice as long to defend — leading to an even greater disparity between pay and hours worked.

The report, assembled by the commission that reviews the operation of the commonwealth’s policies and state agencies, attributed increased workload per case to changes in technology, mental health and a slew of policies ushered in by the previous governor’s administration.

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Fani Willis’ Office Failed to Meet Deadlines, Allowing Potentially Dangerous Defendants to Post Bail

A new report published Tuesday reveals Fulton County District Attorney Fani Willis’ office has repeatedly failed to charge alleged criminals within a 90-day window from their arrest, forcing judges who previously denied them bail to renege and grant it, with at least 20 separate instances identified by 11 Alive.

Georgia law requires those who are arrested and refused bail to be formally indicted within 90 days, or else given bail, and 11 Alive claims court documents prove the county has failed to do this nearly two dozen times.

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Suspect in Katie Hobbs Burglary in United States Illegally, Kari Lake Calls Another Blow-Up in Hobbs’ Face

Daniel Mota Dos Reis, 36, the man arrested in connection with burglarizing Democrat gubernatorial Katie Hobbs’ campaign headquarters, is reportedly an illegal immigrant in the United States and has been released from jail on bond. Her Republican opponent, Kari Lake’s, campaign called this another blow-up in Hobbs’ face.

“Katie Hobbs’ wild gambit to blame Kari Lake for the break-in is back-firing spectacularly. It now appears that the suspected burglar of Hobbs’ office is “at large” and out on the streets yet again due to the insane pro-illegal immigration, pro-crime policies pushed by Katie Hobbs and the radical Left,” said the Lake campaign in a statement emailed to reporters. “Kari Lake will fight to put an end to sanctuary cities and the Democrats’ insane bail policies and make sure authorities can’t defy immigration authorities and catch-and-release illegal immigrant criminals back onto the streets. Unfortunately, we can’t say the same about Katie Hobbs.”

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Ohioans to Decide Two Amendments to the State Constitution: Bail and Citizenship Requirements for Voting

Ohioans will vote on allowing judges to consider public safety when setting bail and on local governments allowing only U.S.citizens to vote in local elections during the upcoming election on November 8th.

Both statewide issues have made their way through the Ohio House and Senate to be voted on in the Ohio General Election. They are State Issue 1 known as the Community Safety Amendment and State Issue 2 known as the Citizenship Voting Requirement Amendment.

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Commentary: Ohio Issue 1 ‘Strikes a Balance Between the Competing Interests Behind the Granting of Bail’

On November 8, 2022, Ohio voters will have the opportunity to amend the Ohio Constitution in a way that supports and promotes public safety. Issue 1, the “Ohio Determining Bail Amount Based on Public Safety Amendment” will add the following language to the Constitution: “When determining the amount of bail, the court shall consider public safety, including the seriousness of the offense, and a person’s criminal record, the likelihood a person will return to court, and any other factor the general assembly may prescribe.” The proposed amendment strikes a balance between the competing interests behind the granting of bail: preserving the accused’s presumption of innocence against the community’s need for public safety.

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Minnesota Gov. Walz Appointee Reduces Bail from $5 Million to $100,000 for Man Who Shot at Police

A man who shot at police because he was “frustrated” after driving drunk with his pregnant wife in the passenger seat had his bail reduced from $5 million to $100,000.

Pablo Nava Jaimes, 30, allegedly fired at least 10 rounds at police during a pursuit while leaving a barbecue after “8 or 9 beers” on June 5, according to a criminal complaint. The report also states he “took full responsibility” for the shooting after he was apprehended.

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Supreme Court Delivers Major Immigration Ruling

United States Supreme Court

The Supreme Court ruled Monday that illegal aliens detained for six months don’t have the right to a bond hearing for release in a decision released.

The decision addressed two separate cases involving three illegal aliens, two of which were Mexican nationals that entered the U.S. illegally after being previously deported. After they were detained, they filed a putative class action for a bond hearing after six months of detention.

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Georgia Bill Requires Superior Court Judge to Grant Bail in Human Trafficking Cases

Georgia Gov. Brian Kemp signed legislation to keep defendants facing human trafficking charges from immediately returning to the streets after their arrest.

Senate Bill 461 adds human trafficking to the list of violent and sexual offenses that require a Superior Court judge to grant bail. The list also includes treason, rape, murder and aircraft hijacking.

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Bail Calculator Developed by Leftist Billionaire Used for Accused Waukesha Murderer Also Used in Two Pennsylvania Counties

Two Pennsylvania counties use the same lenient bail-calculation system that is used in Milwaukee County, WI and that is now being scrutinized in the wake of the Nov. 21 Waukesha Christmas-parade massacre.

Suspect Darrell E. Brooks Jr. faces homicide charges for killing six people at the holiday celebration with his car. Earlier that month, prosecutors handling a case of physical abuse and vehicular assault regarding Brooks asked a court to set bail bond for the defendant at a mere $1,000, to which the court agreed.

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In Some Minnesota Counties, Criminals Don’t Have to Pay Bail for Stealing a Car

At least two Minnesota counties do not require bail payments for individuals accused of committing certain “non-violent” crimes.

According to a WCCO report from December 2020, Hennepin County Attorney Mike Freeman and Washington County Attorney Pete Orput dropped a bail requirement for 19 “low-level offenses.” It was a move that took effect at the beginning of 2021.

Such offenses include but are not limited to theft under $35,000, car theft, property damage, insurance fraud, counterfeiting currency, possession of shoplifting gear, possession of tools to commit burglaries and thefts, and wrongful obtainment of public assistance and unemployment benefits.

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Fairfax, Virginia Commonwealth’s Attorney Steve Descano Says His Office Will Not Seek Cash Bail

  Fairfax Commonwealth’s Attorney Steve Descano (D) announced Monday that he would not be seeking cash bail for non-violent offenders, formalizing a policy he and his prosecutors have been practicing since Descano took office in January 2020. “I’ve long said that the laws on the books should match the values in our hearts. Cash bail is unjust, racially biased, and doesn’t make our community safer,” Descano said in a Twitter announcement. “That’s why my office won’t request it and why I call on the legislature to end it.” In a Washington Post op-ed Descano said, “Simply put, cash bail creates a two-tiered justice system: one for rich people and one for everyone else. People who sit in jail risk losing their jobs for nonattendance, which, in short order, could lead to the loss of their housing, and in some cases the loss of custody of their children. Facing these rippling consequences, many people simply opt to plead guilty in exchange for their immediate release, often plunging them into a cycle of increased contact with the criminal justice system.” Descano is part of a growing list of Virginia prosecutors who are moving away from cash bail. Norfolk Commonwealth’s Attorney Greg Underwood…

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Minnesota Nonprofit Used Donations Intended for Jailed Protesters to Bail Violent Offenders

The Minnesota Freedom Fund (MFF), a bail-issuing nonprofit trending since George Floyd’s death, recently used donations intended for protestors to bail violent offenders. 
Donors intended for their MFF contributions to bail out jailed Black Lives Matter protestors. Instead, Fox News shared that MFF recently paid near half a million in cash to bail out two individuals whose charges are entirely unrelated to Floyd protests.

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Judson Phillips Commentary: The Left’s Next Target

Judson Phillips

You can reflexively oppose anything the left supports and almost never to worry about being wrong.  Unfortunately, many conservatives have fallen for the shiny object that is being dangled in front of them by the left called, “criminal justice reform.”

The American criminal justice system is not perfect and like any other system, there are always improvements and corrections that can be made.  Unfortunately, most of the reforms the left is suggesting make things worse, not better.

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Buckeye Institute Legal Fellow to Lead Ohio Task Force to Fix ‘Broken’ Prison Bail System

Friday, the Buckeye Institute announced that Daniel J. Dew, a legal fellow with the institute, would lead an Ohio Supreme Court Task Force, focused on reforming the bail system throughout Ohio. Dew has done some of the most extensive research and analysis on the state’s current bail system and his findings are rather shocking. He notes; The traditional cash bail system allows accused murderers, child rapists, armed robbers, and dangerous gang members to be arrested and released into our communities to await trial. Meanwhile, otherwise law-abiding, harmless citizens sit in jail for days, weeks, or even months for drunken jaywalking, violating dress-codes, or failing to pay traffic tickets. These absurd incongruities stem from a pretrial release system rooted in money rather than a careful, scientific assessment of the risks that the accused pose to our neighborhoods. One of the most tragic examples featured in his work; “Money Bail: Making Ohio a More Dangerous Place to Live,” tells the story of Dragan Sekulic. In 2015, he was charged with domestic violence, “felonious assault, domestic violence, and, and operating a vehicle while intoxicated,” all directed at his ex-wife. After posting a $100,000 bond, he left jail as a free man until his trial. He…

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