Comment

Police Evict OWS Protesters from Zuccotti Park

151
lawhawk11/15/2011 10:09:33 am PST

re: #135 Obdicut

I made those same observations yesterday. Based on the seriousness of the crimes, even the $500k the prosecutors were asking for seems low. The judge should have recused herself because she was involved in the charity.

I’ve looked into the PA rules on reviewing bail. The PA Constitution has the following:

Article I, § 14 of the Pennsylvania Constitution was amended in 1998 to read: ‘‘All prisoners shall be bailable by sufficient sureties, unless for capital offenses or for offenses for which the maximum sentence is life imprisonment or unless no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.’’

That would seem to allow for no bail in the case, but the $100k seems low. A court could review bail.

A bail order may be modified by an issuing authority at the preliminary hearing.

(C) The existing bail order may be modified by a judge of the court of common pleas:

(1) at any time prior to verdict upon motion of counsel for either party with notice to opposing counsel and after a hearing on the motion; or

(2) at trial or at a pretrial hearing in open court on the record when all parties are present.

(D) Once bail has been set or modified by a judge of the court of common pleas, it shall not be modified except

(1) by a judge of a court of superior jurisdiction, or

(2) by the same judge or by another judge of the court of common pleas either at trial or after notice to the parties and a hearing.

This case seems ripe for a modification of bail, but it may take some time for that to happen. The additional people coming forward to claim abuse may spur a review faster.