Newark case update: Judge defends illegal alien Carranza bail decision
The Newark Star-Ledger reports:
An illegal immigrant charged in last month’s Newark schoolyard slayings was entitled to be free on bail for previous crimes at the time of the shootings, and public criticism surrounding his release reflects a “profoundly flawed understanding of the right to bail,” according to a judge’s report released today.
At the request of Chief Justice Stuart Rabner, retired Judge Arthur N. D’Italia reviewed the court procedures followed in consolidating and setting bail in the prior criminal cases against Jose Lachira Carranza, whose arrest record – for attacking patrons during a bar fight and for child rape – sparked outrage after the Aug. 4 killings.
While the report recommends placing bail determinations on the formal record to avoid confusion in future cases, it concludes the judge’s actions were appropriate.
“Carranza was entitled to a reasonable bail that would ensure his presence at trial on serious charges,” D’Italia’s report states. “In fact, he appeared when required at two hearings subsequent to posting bail. Thus, the ‘primary purpose of bail’ under the New Jersey Constitution was satisfied.”
Rabner asked D’Italia, a retired Superior Court judge in Hudson County, to conduct the probe on Aug. 16. Today, he thanked D’Italia for having “swiftly and thoroughly completed a review of this case.” As a result of D’Italia’s report, a memo was issued today to all of the state’s assignment judges and criminal presiding judges directing that a record be made of the agreement of the parties if bail is reduced, Rabner said.
The report is here.
The memo is here.
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Legality should not be a sole basis to trump the American public’s reasonable expectation that the courts would make such bail decisions with some level of common sense applied to the specific case …
Translation:
Dont worry I got you’re back.
I am reminded that there are really good Judges in this country, I mean Outstanding Judges. Then there are all the rest, that don’t quite hit the mark. I wish their peers would speak up and call them out. Message to the US Judiciary, you have Americans Counting on you, and some of you are falling VERY short of our Expectations- not to mention our Needs.
Heaven forbid we deny bail to a violent child-molesting, criminal alien. My GAWD he showed up for court the last ten times! Why wouldn’t he show for the murder trials?
Our court system is not flawed; the flaws are in our judges, attorneys and legislators.
The report makes zero mention of Carranza being an illegal alien. I guess that is not a factor which the legal system in NJ cares about.
It may be that the letter of the law was followed in this instance. But that says some damming things about the letter of the law.
“Carranza was entitled to a reasonable bail”
He’s here illegally why does he get “entitlements”?
And what motivation does an illegal have to appear? None. This is the first question on a bail evaluation sheet. Citizenry. This Judge is so wrong he should be removed from the bench.
don’t.even.know.what.to.say.
This defies all logic.
I agree with shooter.
Was the priority purpose of public safety satisfied?
Some how I think the answer to that question is something everybody already knows.
Judge Rabner isn’t in peril, unless he happens to be where one of his bailed out criminals is, and that isn’t likely for a person that lives behind a wall.
I strongly recommend everyone read that report.
It’s a handbook of judicial CYA which deftly highlights the systemic failures of a court and, to a greater degree, the entire overwhelmed & overburdened judicial system.
The (waste of space & alleged piece of human garbage) defendant Jose Lachira Carranza, stood before or was case reviewed by no less than six (count em folks SIX) municipal or superior court judges and not one asked his immigration status, checked priors or rule that (waste of space & alleged piece of human garbage) defendant Jose Lachira Carranza be held as a flight risk & hazard to all decent folks on the street.
Municipal Court Judge Margaret Padovano
Municipal Court Judge Joanne Watson
Superior Court Judge Siobhan Teare
Superior Court Judge Nancy Sivilli
Superior Court Judge John Kennedy
Superior Court Judge Michael Ravin
They were just doing their job.
And three college kids in a park are dead. Thanks, judges! Finally, a good use for impeachment. Hear that, all you numbnuts up in Madison???
For those of you who are living or have lived in The Garden State, be clear on this: the primary purpose of *anything* passed by the most corrupt legislature in all 50 states is to make them money.
You can bet the rent that Corzine (who appears to be shoveling $ to his “ex” lover – who just so happens to be leading the State Worker’s Union), Rabner (a do-nothing AG who is now Chief Shellacker), and the rest of the crew will find this to be “nobody’s fault.”
Nancy Pelosi would have to start mugging old ladies as they left church before she’d be dirty enough to be part of the Demoncrat party in NJ. Ted Kennedy would have to buy a beach house here with his nephew having 2 or 3 more “incidents” before he’d be considered filthy enough.
Even Hillary had to choose NY over NJ as a carpetbagger. Although Bill’s corruption credentials were stellar, even by NJ standards, he wasn’t on the lecture circuit yet and didn’t have enough $ to grease all of the palms…
New Jersey’s judiciary system is nothing less than PATHETIC.
Just pathetic.
By definition, virtually half of all judges are below average. Some way below. But unfortunately, this is par for the course.
Some judge in California has a hissy fit because Paris is let out early, and a judge in NJ doesn’t think it make sense to keep a violent rapist in jail.
Bail serves two purposes. In theory it guarantees the defendant’s appearance at trial but it also serves to protect the public from further acts of violence. High bails or no bails can be set if it can be shown that to release the defendant, additional crimes of violence are likely.
Thanks for nothing judge. I am really angry about this. Those kids would be alive today if this judge would have done his job. I guess he’s afraid of being spit on by the coward.
The monster was not even an American citizen. He has no rights under our constitution what so ever.
The fact that he is illegal made him an incredibly high flight risk. WTF?
I agree with AJ… CYA.. that’s all they are doing.
CYA – It’s not just a sport here in New Jersey. . . it’s an avocation!
I agree with John Ansell,this POS is not” entitled” to anything.But if a judge is going to consider bail,how should he define “resonable? I define it as a one way ticket to the grey-bar hotel;don’t pass Go,don’t collect 200 dollars,and then another one way ticket back to whatever hell-hole the POS came from.
Well, Carranza DID keep his court appearances, which is more than can be be said for Norman Hsu.
So why is it that we cannot sue or remove judges based on their decisions?
The report is stunning:
Arrested, assault in a bar (4 counts), Paid $2000 for bond.
Arrested 3 months later on sexual assault on an 8 year old, and threatening to kill the child’s family. Bond company posted $150,000 for bond.
Arrested 4 months later, sexual assault on the same child!!!! and during a “no contact order. Hint, hint judge: This guys is even more above that law than the NJ court system. So, in a truly corrupt fashion, they just link the first bail to the second.
Finally:
At least they got it right in the end, after 4 assaults, two rapes of an 8 year old, and 4 murders in a 9 month period, and 4 known interactions with law enforcement and the courts.
I bet if he was white, Al and Jesse would be on every channel right now.
Those poor kids never had a chance…
Illegals should not be ENTITLED to bail. They have already broken the law by being here. If they get caught breaking more laws…..lock them up, try them, deport them.
John Ansell
As usual, the US Supreme Court is behind this. They claim that illegals are entitled to be treated the same as legals. Behind the Court you have the Congress and President which appoints them and tacitly accepts their power grab.
$150k bail is too low for citizens who have been indicted twice for a raping a child.