Opinion
ID No. 1006026385.
January 25, 2011.
Upon Defendant's Motion To Admit the Defendant To Bail GRANTED , With Conditions.
ORDER
1. On September 13, 2011, Defendant was indicted for a capital offense, and held without bail.
11 Del.C. § 2103(a).
2. On October 1, 2010, Defendant filed his initial bail motion, which the court heard on December 16, 2010, the case having been specially assigned on December 6, 2010.
3. The State announced it would not seek the death penalty and agreed that bail had to be set. The court set the bail at $500,000, cash only, with special conditions of release, but without prejudice to Defendant's filing a supplemental motion addressing specific concerns.
4. The court was concerned about:
a. Defendant's work history before arrest;
b. Defendant's work plans if released on bail, including work sites;
c. Whether Defendant's family can pay for GPS monitoring; and
d. Details about Defendant's bail resources, with emphasis on the family's homestead and a commercial bond.
5. Defendant filed a supplemental motion on January 4, 2011. Along with unhelpful, sarcastic remarks about "typical" Defendants and cynical asides about "the way the `bail game' is played," the supplemental motion largely addresses the serious and difficult weighing process the court must undertake where the accused faces life in prison and bail is not an academic issue.
11 Del.C. § 2101, et.seq. See also U.S. v. Costa, 2010 WL 3926239 (D.Del. Sept. 30, 2010) (Robinson, J.) ( denying bail to an accused awaiting trial in federal custody after considering factors set out in 18 U.S.C. § 3142(g), which are similar to those in the Delaware Code).
6. The court "has discretion to set bail and to modify bail conditions for a defendant charged with noncapital felonies." When determining bail, 11 Del. C. § 2107(a) instructs the court to set "such bail as reasonably will assure the reappearance of the accused, compliance with the conditions set forth in the bond and the safety of the community." That section directs the court to consider the criteria set out in 11 Del. C. § 2105(b), including:
Boo'ze v. State, 846 A.2d 237, 2004 WL 691903, at *5 (Del. March 25, 2004) (TABLE).
a. the nature and circumstances of the crime charged;
b. the family ties of the accused;
c. the accused's employment, financial resources, character, and mental condition;
d. the length of residence in the community;
e. record of convictions; and
f. record of appearances at court hearing or of flight to avoid prosecution or failure to appear at court proceedings.
7. Those matters have been considered. Defendant's bail SHALL be $250,000, secured, with the following conditions:
a. Of that amount, $150,000 SHALL be secured by the home of Defendant's parents and $100,000 SHALL be secured by a bond obtained from a licensed and insured bailbond company;
b. Defendant SHALL submit to pre-trial supervision, including GPS monitoring, at his expense;
c. Defendant SHALL obey a 6:00 p.m. to 6:00 a.m. curfew;
d. Defendant SHALL live with his parents and not be abroad, expect to work with his father in his father's business;
e. Defendant SHALL not leave Delaware, even with his father;
f. Defendant SHALL surrender his driver's license and swear he has no passport;
g. Defendant SHALL have no contact with the victim's family and their property;
h. Defendant SHALL not possess a cell phone, laptop computer, or PDA;
i. Defendant SHALL not occupy the operator's position of a motor vehicle, nor may he be abroad on any public conveyance or private aircraft;
j. Defendant SHALL not possess a deadly weapon;
k. Defendant SHALL not possess a dangerous instrument, except tools while working for his father on a job site;
l. Defendant's parents SHALL sign a release or otherwise agree to allow the government to monitor their telecommunications and financial transactions if a capias is issued for Defendant's failure to appear and while he is at-large;
m. Defendant SHALL abide by all other conditions typically imposed as condition(s) of release.
Section 11 Del. C. § 2108(a)(1)-(9) expressly authorizes the court to impose many of these conditions. Section 11 Del. C. § 2108(a)(10) further authorizes the court to impose "any other condition deemed reasonably necessary to assure appearance as required and to carry out the purpose of this chapter."
IT IS SO ORDERED.