Reviewing the arraignment decisions of Allegheny County district judges who ran on ending cash bail
PITTSBURGH (KDKA) — While some district judges say cash bail penalizes poor defendants and lets the wealthy go free, others say releasing defendants with nothing more than a signature puts the public at risk.
However, KDKA's Andy Sheehan reviewed hundreds of cases to find the answer.
Cash bail cases in Pittsburgh
Yan Carlos Cepeda was arrested at the Greyhound station and charged with possession with intent to sell nine kilos of fentanyl. He was released on no-cash bail but failed to attend his hearing and was later captured in New York City.
Hermes Craddock was arrested after leading police on a high-speed chase. He was released on no-cash bail and failed to show up. Craddock was later apprehended on a fugitive warrant in Florida.
Antonia Kaseim was also released on non-monetary bond on charges of assault and fleeing arrest. They failed to show up at their hearing and were later arrested under their legal name of Anthony Quesem in the random stabbing death of Benjamin Brallier on the Montour Trail in Moon Township.
In all three cases, District Judge Xander Orenstein followed a policy of not imposing cash bail, a policy that frustrates police and advocates for victims, who say it puts the public at risk.
"It's not fair to victims," said Laurie MacDonald, president and CEO of the Center for Victims. "It's dangerous. That's when people die. That's when people get hurt."
In light of these bail decisions, Orenstein has been removed from hearing arraignments, but half a dozen other district judges in Allegheny County adhere to the same philosophy of not imposing cash bail, which they say unfairly penalizes poor defendants.
"It does create a two-tiered justice system where people who are unable to pay get stuck in jail and people with means can post and get out jail," District Judge Matt Rudzki said.
Rudzki said bail has but two purposes: ensuring the defendant will show up for their preliminary hearing and guaranteeing the public's safety. In most cases, he says, the defendants do not pose a danger to the public, and bail is not required. But there are cases where they are a threat.
"If I determine that someone, no condition or combination of conditions can guarantee the safety of the public, then I will deny the individual's bond," Rudzki said.
"Cash bail is a distraction," Duquesne University law professor Bruce Ledewitz said. "It's not the issue. The issue is who should stay in jail and who should be allowed to leave."
KDKA Investigates reviewed hundreds of arraignment decisions of district judges who ran on platforms of not imposing cash bail and true to form they rarely did. But in some cases, they did deny bail entirely, guaranteeing the defendant would stay in jail at least until their preliminary hearing.
Ledewitz, who opposes the imposition of cash bail, says this is essential for the system to work.
"The system of no cash bail will work fine as long as magistrates are willing to deny bail to people who should not have it," Ledewitz said.
But that system isn't foolproof. Of 138 arraignments, District Judge Lisa Caulfield never imposed cash bail. Caulfield denied bail 22 times, but not in the case of Dontez Peoples, whom she released on no bond despite him fleeing police who allegedly found 40 bricks of heroin/fentanyl in his North Side apartment.
And Rudzki appears to regret not denying bond to Roderick Hatten after Bethel Park police arrested the Arkansas native for carjacking. After releasing Hatten on a non-monetary bond, he was rearrested for trying to break into the Bethel Park Police Department to retrieve his belongings.
Rudzki calls that decision an outlier, saying he is more inclined to deny bond than most judges.
"No system is built perfectly. So, we try to do the best we can with the knowledge we have. We don't have crystal balls," Rudzki said.
Can cash bail be eliminated and still keep the public safe? Despite the actions of Orenstein, several district judges are trying to accomplish just that.