Las Vegas Sun

March 29, 2024

Prosecutors: Bail set too low in sex assault cases

A 22-year-old Las Vegas man sent to prison last week on an attempted sexual assault charge allegedly raped another woman seven days earlier while out on $65,000 bail.

Prosecutors say the Jorge Martinez case illustrates their belief that bail is often set too low in sexual assault cases.

According to court records, Martinez was arrested on three sex-related crimes in September after a 19-year-old woman alleged he raped her at knife-point after meeting her through a telephone party line.

Justice of the Peace Ann Zimmerman set Martinez's bail at $65,000 using a standardized bail chart devised by Las Vegas justices of the peace.

Martinez posted bail in January and pleaded guilty to attempted sexual assault in April and remained out of custody until his sentencing on June 4.

District Judge John McGroarty sentenced Martinez to four to 30 years and he was immediately taken into custody.

On June 5, police learned that Martinez was reportedly the same man who sexually assaulted a 17-year-old on May 28 after meeting her on a telephone party line.

According to police reports, Martinez confessed to sexually assaulting the second teenager when interviewed at the Clark County Detention Center June 5.

A preliminary hearing in the second case is set for June 24.

Deputy District Attorney Tammy Peterson has been assigned to prosecute Martinez in the new case.

"Obviously to me, the standardized bail amounts are ridiculously low in sexual assault cases," Peterson said. "The standardized bail for a sexual assault case, unless there's a weapon involved, is $10,000 so that means they only have to post 1,000 bucks and that's what's so scary."

Deputy District Attorney Lisa Luzaich, who also prosecutes sexual assault cases, said many California jurisdictions set bail according to the maximum potential sentence a defendant might receive if convicted.

While sexual assault and murder defendants both face potential life sentences, standard bail for sexual assault suspects in Clark County is $10,000 but murder defendants can be held without bail.

Las Vegas Justice of the Peace Deborah Lippis said that law clearly states that bail shall be set at an amount that is "sufficient to assure a defendant's appearance in court" and is not meant to be punitive because defendants are presumed innocent until proven guilty.

"The deputy district attorneys are aware that standard bail is merely a starting point and bails are adjusted routinely," Lippis said. "They can ask for an increase in bail if they believe it's warranted at any stage of the proceeding."

When a defendant is arrested, bail is immediately set according to the standardized bail sheet devised by justices of the peace and that bail is scrutinized by a justice of the peace within 48 hours, Lippis said.

The defendant is brought into court within 72 hours of his arrest and bail can be addressed at that time or anytime thereafter. Often, the issue of bail is raised again after a case is transferred into District Court.

Court records show that in the Martinez case, the issue of bail was never raised in District Court, not even after he pleaded guilty to a non-probationable offense.

Standardized bail amounts are studied at least twice a year and every time the Legislature revises its statutes or enacts new laws, Lippis said. The justices of the peace can also adjust the amounts if concerns are raised by attorneys or law enforcement agencies.

Lippis said last year, while she was chief justice of the peace, Metro police expressed their concern over the bail in child pandering cases. After all of the justices of the peace met, the standardized bail was raised.

Lippis also pointed out that while defendants need only post 10 percent of their bail, they must still have collateral amounting to 100 percent of the bail.

"The issue of bail has the potential to be one of the most serious responsibilities a judge undertakes," Lippis said. "Judges are always concerned about community safety, but those concerns must always be balanced with the constitutional rights of defendants."

Deputy Special Public Defender Dayvid Figler said that although numerous things must be taken into consideration when setting bail -- such as ties to the community, familial relationships, length of employment -- the two key issues are whether a defendant is a flight risk or a danger to the community.

"The Jessica Williams case is the best example of bail out of control," Figler said.

Williams was arrested in March 2000 after drifting off the road and killing six teenagers who were picking up trash in the median of Interstate 15. She was eventually convicted of driving with marijuana in her system and sentenced to 18 to 48 years in prison. She was acquitted on several other charges.

Justice of the Peace Tony Abbatangelo set Williams' bail at $5 million after prosecutors argued she had few ties to the community and was a daily marijuana smoker.

District Judge Mark Gibbons, who tried Williams, later refused to lower the bail. Defense attorney John Watkins had asked for $30,000 bail and for his client to be placed on house arrest.

The charges under which Williams was arrested are among a handful that have not been standardized because of the seriousness of them.

Figler said it was clear, however, Williams wasn't likely to commit any new crimes. He argues she wasn't any more likely to flee with a $250,000 bail than a $5 million bail.

"She had a higher bail than a serial killer, someone who can be proven is a threat to society," Figler said. "Yes, there was a horrible result to her actions, but should she have been punished before she was convicted by a jury?"

Bail in some cases is set extraordinarily high to please outraged citizens and victims' family members, Figler said.

"But setting bail is not about diminishing family members' feelings, it's about affirming the ideals of our criminal justice system and the idea that defendants are innocent until proven guilty," Figler said. "It is not a slap in the face to the victims."

Deputy Public Defender Christy Craig said setting bail is an unenviable job.

Defendants who sit in jail for months unable to make bail can be acquitted just as defendants who are released on bail can commit new crimes and no one can predict either outcome, Craig said.

"And just because a defendant commits a new crime while they're out doesn't mean the judge made a mistake," Craig said."

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