Cleveland Judge Refuses to Send Low-Level Defendants to Jail After Inmate Deaths
Cleveland Judge Refuses to Send Low-Level Defendants to Jail After Inmate Deaths
After a spate of deaths in local jails, Judge Michael L. Nelson Sr. of Cleveland Municipal Court said he would release people charged with low-level crimes on personal bond as they await trial.CreditCreditCleveland.com
By Karen Zraick
Oct. 5, 2018
https://www.nytimes.com/2018/10/05/us/cleveland-jail-inmate-deaths.html
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The judge, Michael L. Nelson Sr. of Cleveland Municipal Court, said this week that he would release people charged with such crimes until their next court appearance, rather than holding them on bail, which many defendants cannot afford.
Defendants who are released must still agree to any conditions imposed, which could include electronic monitoring or regular check-ins.
“Six deaths means the jail is unsafe,” Judge Nelson said in a phone interview. “You shouldn’t die before we see you in court.”
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The cause of death has yet to be determined in two of the cases, the most recent of which occurred on Tuesday. That prisoner, Allan Martin Gomez Roman, 44, died four days after he was arrested on a warrant stemming from a cocaine possession charge, Cleveland.com reported. Two of the other men who died were found hanging in their cells, and two had drugs in their systems at the time of their deaths, the authorities said.
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Cash bail, which requires defendants to put up money or other assets to win their freedom, has been widely criticized in recent years. Some states and municipalities have taken steps to reduce its use; California recently abolished cash bail altogether. (The change takes effect next year.)
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Critics of the cash bail system argue that defendants should be evaluated based on the risk they present to public safety, not on their financial situation.
Low-income defendants often turn to bail bond agents, which function as the payday lenders of the criminal justice world. Commercial bail is a $2 billion industry, and agents charge steep fees and can even arrest their clients.
Judge Nelson said the most recent death underscored the need to change bail practices and reduce overcrowding and strain on the jail system.
“If the balance of the county had implemented bail bond reform, there’s a good chance that young man would not be in jail, period,” he said.
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