In yesterday's EJF newsletter regarding plea bargains I mentioned the highest bail I'd seen to date for a DV case was $600,000. In response a subscriber sent me the article below.
A man in Aspen, Colorado, is now being held on $1 million bail for misdemeanor charges purportedly related to domestic violence. Note that there does not appear to have been any actual violence in this case, as in most cases of this type.
What woman or man can claim they've never stated: "I'm gonna kill him (or her)!" for some real of imagined transgression of their partner? Also note that none of the reported "threats" are made directly to the "victim." Hence, they cannot be considered terroristic threats, a new twist in today's Orwellian world.
In this case we are asked to believe hearsay testimony throughout. That is quite typical of redfem propaganda cases. If "they" or the "victim" said something happened, or was said, it must be gospel truth. Documented evidence is considered superfluous and is frequently inconvenient.
From the available evidence it appears extremely unlikely that a jury would convict, and a competent jurist would be unlikely to admit much of such evidence at trial. Therefore, other methods must be employed. Inasmuch as the 8 th Amendment's guarantee against excessive bail is an outdated concept of dead white males, redfem ideology makes it quite acceptable to coerce a plea bargain by setting bail for a misdemeanor at $1 million.
And quite satisfactorily, from the redfem viewpoint, the career and life of a 58-year-old man has been destroyed by hearsay, rumor, innuendo, and gossip whether he is guilty or not. Not only is Mr. Becker guilty unless and until he can prove his innocence, he is forever guilty even if proven innocent. For why else would a "judge" impose bail of $1,000,000 if he was not a most dangerous criminal?
For comparison, in the case of Mary Winkler, who shot her minister husband in the back at close range with a 12-gauge shotgun as he lay in bed in Selmer, Tennessee, bail was set at $750,000 on July 7, 2006.
Clearly we have moved beyond the rule of law into the realm of science fiction, as exemplified in The Minority Report.
Alan Becker, 58, is charged with menacing, domestic violence, violating a protection order and harassment. All are misdemeanors [emphasis added], which Judge Erin Fernandez-Ely of the 9 th Judicial District county court handles. [Erin is an attorney who is a part-time judge, phone (970) 925-7635, fax: (970) 925-6349, mailing address: Pitkin County Courthouse, 506 E. Main Street, Suite E, Aspen, CO 8l611. Note also that the reporter is in error regarding the charge of domestic violence, which is not a separate crime in Colorado.]
County judges issue search warrants as well as restraining orders in cases involving domestic violence arrests, a state judicial web site says. They also have the power to set bonds to ensure a suspect won't get out. [But Erin obviously has no knowledge of the Bill of Rights.]
On Friday, the victim told Aspen police that Becker violated a restraining order after asking the victim's friend if the victim was going to be at a party he was attending. When told the victim was, the suspect grew incensed, according to the report. [Note that Becker does not ask the friend to communicate with the "victim" on his behalf. So how does this violate the no contact provision of the protection order? One might reasonably presume he enquired whether the "victim" was going so that he might avoid her and not violate the restraining order. If he had wanted to go the party himself he might well be incensed that now he couldn't. But logic and reason seldom influence redfem dogma.]
The victim told police she thought Becker was going to try to kill her. [Classic "she said" evidence(?) probably provided her by a victim's advocate or shelter worker. In these cases the claim is always made that the "batterer" is going to kill the "victim." If the "batterer" is a veteran, then he is a "trained killer" to boot. "I'm in fear for my life" is a redfem mantra to be endlessly chanted at every opportunity.]
Police also talked to the party hosts. They said that when they disinvited Becker he said "he was still going to the party, and people are going to get hurt." [More hearsay and we don't even know who "they" are.]
Investigators contacted the suspect by phone. He called the victim a liar, the report says, and asked how much his bail would be. The officer said he didn't know, and about 90 minutes later Becker called again with the same question. [Classic "he said/she said" case. Who do we believe? And wouldn't you want to know what your bail was going to be?]
Police arrested Becker around 4:30 PM Friday after he parked at his home at 950 Matchless Drive. He declined to answer questions after his arrest. [Presumably, but not necessarily, he was read his Miranda rights. In any case he was wise not to make any statements that might be used against him.]
Chad Abraham's e-mail address is email@example.com