It was reported on Tuesday (8/6) that Dennis J. Howell, age 53, residing at 3657 South Townline Road, Lot #21 in Palmyra, was arrested on an out-of-state Las Vegas Police for 20 counts of Possession of Visual Pornography of a Person Less Than 16 years old.
Originally it was reported Howell was taken to Centralized Arraignment and remanded to jail pending and extradition hearing on the Las Vegas warrants. This was the way these type of warrants was handled under the old system.
However, the Times has learned that the Wayne County Public Defender’s Office filed paperwork at County Court, asking for a review of the case, due to the arrest and holding of Howell being based on a screen shot of the Las Vegas warrant and not a signed piece of paper.
Public defender Andrew Correia said this case had 0% to do with Centralized Arraignment. He stated the system is going well and efficiently, and that people who should be released are being released and the jail population is much lower.
County Court Judge Daniel Barrett opted to release Howell on $250 cash/$500 bond, unusual for someone wanted on 20 felony out of state 20 warrants.
Howell’s rights were upheld by the Public Defender’s Office. Upon his release, Howell went home, called a nephew stating he had a loaded gun to his head at his trailer home in Palmyra. 911 was called and Palmyra Village Police were the first to respond on Wednesday (8/7).
Howell was reportedly on medications and owned a hand gun. When police arrived it was too late. They discovered Howell, using a gun, had taken his own life.
The new centralized arraignment and release of persons otherwise jailed, is in response to state law set to ensure the rights of counsel for poor defendants. Basically, it meant people who could not afford bail, or bond, were not held for excessive time behind bars.
Wayne County Sheriff Barry Virts commented that Centralized Arraignment seems to be working well and is good for the judges, who no longer have to get up in the middle of the night for arraignments.
Sheriff Virts said one of the consequences of releasing so many of arrests under the state required system is that before, the Sheriff’s Office had time to evaluate people who were arrested and keep an eye on them. If services, or referrals to other agencies, such as Public, or Mental Health was required, the person arrested received help.
Sheriff Virts also stated that Howell’s suicide was not the first case. An other man released without any available help, or referrals was immediately released, went home and hanged himself.
The Sheriff said that, as of January 1st, 2020, the new policies enacted by the State will allow even people arrested for such things as Assault in the Third Degree, Obstructing Governmental Administration, Resisting Arrest, will be automatically released, without centralized arraignment on appearance tickets.
The State Police have already begun the process ahead of the January 1st deadline. The Sheriff’s Office is in the process of training their staff to make sure arrest packages are forwarded to the courts in a quick and efficient manner, as required by law.
“This is what the NYSSA (New York State Sheriff’s Association) sent to Sheriffs earlier this year on Bail Reform, Speedy Trial Reform and Discovery Reform. None, in my opinion is good for victims of crimes, but all defense attorney and defendant based,” stated Sheriff Virts.
Bail Reform
The final version of bail reform is different in several ways from the original proposal from earlier this session. Here is how it will impact the criminal justice system:
1) Law enforcement will be required to issue appearance tickets to persons charged with certain crimes. Under the legislation, a police officer would only be able to make a custodial arrest when for an A, B, C or D felony, or Rape 3rd, Criminal Sexual Act 3rd, Escape 2nd, Absconding from Temporary Release 1st, Absconding from a Community Treatment Facility, or Bail Jumping 2nd. In all other circumstances (E felonies and misdemeanors), police would be required to issue an appearance ticket unless one or more of the following circumstances is present:
a. The person being arrested has one or more outstanding warrants
b. The person being arrested has a documented history of failing to appear for court
c. The person has been given an opportunity to identify themselves and has failed or refused to do so
d. The person is charged with a crime between members of the same household
e. The person being arrested is being charged with a crime or offense involving sexual misconduct
f. It reasonably appears that the person should be brought before the court for consideration of the issuance of an order of protection
g. The person is charged with a crime for which the court could revoke or suspend his or her driver’s license
h. It reasonably appears that the person is in such distress that he or she would face harm without immediate medical or mental health care
2) Courts will be required to release individuals on their own recognizance unless they are charged with a “qualifying offense” and the court makes an individualized determination that the defendant poses a flight risk. Local courts will retain this discretion. A qualifying offense is defined as:
a. Violent felonies, excluding Burglary in the 2nd Degree and Robbery in the 2nd Degree
b. A crime involving witness intimidation
c. A crime involving witness tampering
d. A class A felony, excluding drug felonies defined under Article 220 of the Penal Law (with the exception of a person charged as an A-1 trafficker under PL 220.77)
e. A felony sex offense, a crime involving incest, or a misdemeanor sex offense
f. Conspiracy to commit murder
g. Money laundering in support of terrorism, or the crime of terrorism
h. Criminal contempt in the 1st or 2nd degree where the underlying act is a violation of an order of protection where the protected party is a family member
i. Facilitation and promotion of child in a sexual performance
If there is a qualifying offense and the judge determines that the defendant is a flight risk, then the person can be released under non-monetary conditions, can be assessed bail, or can be remanded without bail. Non-monetary conditions can include electronic monitoring, or mandated check-ins with a pre-trail services agency. When weighing what option to take, the court must consider the following with regards to the individual’s likeliness to return to court: charges faced, criminal history, and history of court attendance. The judge will no longer be able to consider the individual’s ties to the community, character, reputation, or employment status.
Defendants will be entitled to representation by counsel at any juncture where conditional release, bail, detention, or release from detention is being considered.
The law will go into effect on January 1, 2020.
Speedy Trial Reform
The existing time limits for prosecuting offenses have not been changed. However, courts will now be required to make an inquiry on the record as to the People’s actual readiness for trial after it is has been declared. If a court determines that the People are in fact not ready then the prosecutor’s statement shall not be valid for tolling the time until the case must be brought to trial or dismissed.
The law will go into effect on January 1, 2020.
Discovery Reform
Prosecutors must now provide the full range of discovery to the defense within 15 calendar day of arraignment. This includes:
a. All written or recorded statements made by the defendant
b. All grand jury transcripts
c. Names and contact information, excluding physical addresses, of persons whom the prosecutor knows to have relevant information about the defendant’s case. Confidential informant information may be withheld.
d. The names and work affiliations of all law enforcement personnel whom the prosecutor knows to have relevant information about the defendant’s case. Undercover officer information may be withheld.
e. All expert opinion evidence
f. All tapes or other electronic recordings, including 911 calls, made or received in connection with the alleged criminal incident.
g. All Rosario material
h. All reports or records related to preliminary tests or screening results of the defendant concerning his or her physical or mental state.
i. All exculpatory material
There will be a continuing duty to disclose throughout the pendency of the proceeding against the defendant. If such material does not exist, or if the prosecution is unaware of its existence, it must still be disclosed when it is either created of becomes known about. There will be an obligation on the part of the District Attorney to maintain a line a communication with the law enforcement agency prosecuting the case to “ensure that a flow of information” takes place. The prosecution will have the ability to apply for a protective order to shield information from discovery upon a showing of good cause. The law will go into effect on January 1, 2020.
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