Despite COVID-19, the Wyoming County Court continues to undermine the 2020 bail reform to keep their jail running. In the interest of business instead of making decisions in the interest of justice.
Media being the only hope for the poor. Concerning justice and defendants being held in custody waiting for trial because they can’t afford to post bail. The new 2020 bail law makes clear that the least restrictive conditions must be imposed whether or not bail is authorized. And where it is authorized judges are compelled to consider the defendants ability to pay, and counsel should be sure to emphasize this aspect of the application of indigent clients. The Wyoming County Court has been undermining this law and have been taking advantage, or bending the area in the NYS Criminal Statue and Rules (CPL 510.10(4)[s]). “A principle is eligible for bail if he stands charged with a felony, where the defendant qualifies for sentencing as a persistent felony offender.” Wyoming County Court bends and abuses this area for 2 improper reasons: to coerce defendants into taking plea deals, threatening the with the life sentencing that comes from such qualification as a persistent felony offender. Other reasons of theirs is to hold the poor with excessive bail to fill their jail. In the interest of business, not justice.
In order to impose a sentence as a persistent felony offender the court must conduct a hearing to determine whether or not defendant is in fact a persistent offender (400.20). They hold defendants on bail due to the possibility instead of the required qualification. They do this despite the reality of it, such treatment as A1 felony offender and life sentencing. Wyoming County has been filling their jail as much as they can, any chance they can with defendants that can not afford bail, “The Poor,” and have little support from outside the jail.
Holding most inmates on excessive bail (lowest bail is $40,000 among the inmates in here), when not a single defendant will be sentenced as a persistent felony offender because its simply unrealistic, and unreasonable in the interest of justice.
Anyone of normal intelligence and knows the new bail law can clearly see that the Wyoming County Court (district attorney, judge, public defenders) disregards the law in the interest of business, for their justice system. The corruption goes further in the Wyoming County’s justice system. Other then how they capitalize and show no mercy on the poor that lack knowledge of the law to fill their jail, they cover up police misconduct by denying certain motions that would expose unlawfulness. They utilize the public defenders office to lie to defendants and be ineffective, however they prove to be effective for the D.A. and Wyoming County Court, their employers. Wyoming County Court is covering violations by the WCDTF on the defendants and violating their constitutional rights as well.
EDITOR’S NOTE: Dain Killian’s letter was sent from Wyoming County Jail in Warsaw.