Bail system has its limits, officials say

Problems described as nearly intractable

DURHAM -- It's impossible to keep even the most dangerous criminals off the streets while they're awaiting trial, top judicial officials told an anti-crime group Monday night.

Chief District Court Judge Elaine Bushfan, District Attorney Mike Nifong and Chief Magistrate Chet Dobies were responding to recent reports of five men out on bail while awaiting murder trials being arrested on other charges, only to leave jail again within 24 hours.

They said limited resources, legal restrictions on how high bail can be set and bail bondsmen willing to front bail money at discounted rates for what Nifong called "steady customers" make the problem nearly intractable.

"Yes, some of them will commit more crimes," Bushfan, who oversees Durham County's 11 criminal magistrates, told members of Durham's District 2 Partners Against Crime.

"Yes, some of them will commit more serious crimes. And, yes, some of the people who are out now are out on very serious crimes. That is the reality."

Durham County needs more magistrates and better technology to handle the more than 20,000 arrests every year, the three leaders said.

The current system to check criminal backgrounds is antiquated. For example, if a magistrate wanted to see whether a prisoner had prior arrests in other counties, he'd have to check each of the 99 remaining North Carolina counties by entering a three-digit code for each.

A new system could be on the way by next year, some officials said.

Bushfan and Dobies urged the audience to lobby state legislators for more magistrates.

Bushfan said Gaston County has 22 magistrates. That's double the number of Durham County magistrates, though Durham has about 45,000 more people.

"It's a very political process to get additional resources," she said.

But even if those things do happen, it doesn't mean Durham will have seen the last of repeat offenders leaving jail the same day they're arrested.

Breon Jerrard Beatty, 17, Roy Oswald Bodden, 21, Anthony L. Copeland, 27, Justin Andrew Hatch, 19, and Keanan James Odom, 20, all were released from jail on bail while they await trial for murder charges. They all have been arrested for other crimes in the past month. And they all again made bail within 24 hours.

Dobies said magistrates have to rely on the arresting officers to go over the background of the arrested person. If a person is deemed a public safety threat, bail can be increased. Even then, magistrates can set bail only so high.

Nifong said no matter how high bail is set, some bail bondsmen will put up bail for people who get arrested a lot and are repeat customers.

Bushfan said most repeat offenders are poor and black, and she urged the audience to try to eliminate poverty and push for full and equal funding of schools.

"I put it back on you now," she said. "If you're not helping any of these things, then you're part of the problem."

Diane Jones said she does do her part. But she also has a very personal interest in making sure dangerous people are off the street. Her son was shot and killed in 1997.

"I'm trying to help," Jones said. "But we also need to keep criminals behind bars so people can feel safe."