Tuesday, November 18, 2008

Bounty Hunter in Casey Anthony Case to Take Polygraph

Celebrity bounty hunter Leonard Padilla says he's back in California where he will undergo a lie detector test. Padilla told Orlando station WFTV he believes the FBI wants to ask him about last week's big false alarm that sent reporters and law enforcement officials scrambling to a search site on the Little Econ River in Blanchard Park.

Divers organized by Padilla to search for the remains of Caylee Anthony found a plastic bag containing what they said were bones and toys. The bag reportedly had been weighted down with two bricks.

Law enforcement officers who arrived at the scene a short time later said there were no bones in the bag. They added that they found nothing of evidentiary value at the scene to aid them in their search for the missing toddler.

When asked by a WFTV reporter if the FBI wants him to take the lie detector test to find out if he planted the bag in the river, Padilla answered, "That's what I think, yeah."

Padilla's dive team was ordered out of Blanchard Park over the weekend. He said he hopes to return there later this week. Padilla says he remains convinced that Caylee's mother, Casey Anthony, dumped her daughter's body in the Little Econ River.

Meanwhile, Casey's parents, George and Cindy Anthony, have hired a new family spokesperson. They fired Larry Garrison last week after learning he had profited from their appearances and family photographs.

Casey Anthony is jailed on first degree murder charges and is scheduled to stand trial in January.


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In Florida, Controversy Over Pretrial Release

Public Defender Howard Finkelstein rankled county commissioners Thursday when he cursed at them and accused them of meddling in the justice system to help lobbyist friends.

Finkelstein was upset with plans for an upcoming public hearing on a proposal that delineates how pre-trial release should work. In January, the commission expanded a program run by the Sheriff’s Office that releases and monitor criminal defendants awaiting trial.

They want to delay construction of a new jail and reduce detention costs. The bail bond industry had major concerns about the expansion and has argued since that the county needs to better spell out how the program works.

Finkelstein is opposed to the proposal and accused influential lobbyist Ron Book of manipulating the commission for the bail bond industry.

“There’s something else here, and it’s very important that I put this out there, and I don’t know how to phrase it other than what the hell is going on here?” he asked at the start of his speech to the commission.


He later added: “I’m going to ask you again, what the hell is going on? The people that work in this system, that run this system, whose mission is justice and equal justice, say: Don’t do this. Mr. Book says: Do it. And we’re going to do it? Don’t sell out the justice system.”

Finkelstein alleged commissioners were acting unconstitutionally and said they were being manipulated by financial interests.

“This is an end-run to shut me up so that it can go to a public hearing so that the bondsmen’s lobbyist can lobby each and every one of you so that the fix can be put in. This is why there was a cry for change in this country. It’s how business is conducted by our government bodies. I am urging you, do not fall prey to that.”

The commission ended up not setting the public hearing for Dec. 9 as planned. Instead, it set it for late January to give its staff time to collect information on how other counties handle pre-trial release programs.


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Man Shot as Two Bondsmen Take him into Custody

A 32-year-old man was accidentally shot Thursday morning while being taken into custody by two bail bondsmen at the Traveler's Inn, 3846 S.W. Topeka Blvd., police said.

Two bail bondsmen employed by A-1 Bail Bonds around 11:23 a.m. pursued the man on foot before he stopped and surrendered to the men, said Topeka police Lt. Chris Heaven. The man voluntarily laid on the ground and was being handcuffed when one of the bail bondsman's handgun went off, Heaven said.

Police said the bullet grazed the man's back, causing some skin loss in the process. The victim was taken to St. Francis Health Center, where he was treated and released. The man then was taken into custody and booked into the Shawnee County Jail in connection with a city custody slip.

The bail bondsmen were interviewed by police and released. The names and ages of the men weren't available. Police said the incident is under investigation.



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Thursday, November 13, 2008

IMPORTANT: S.2495, Bail Bond Fairness Act

Stephen Kreimer, the Executive Director of the Professional Bail Agents of the United States, has sent out the following information regarding the Bail Bond Fairness Act that PBUS is currently trying to pass into law.
---

The elections are over and now the Members of the 110th Congress are making plans to return to Washington, DC one last time before they adjourn sine die; thereby ending this, the Second and final Session of the 110th Congress.

A significant number of bills have yet to be considered, including S.2495, the Bail Bond Fairness Act. This is it, we now have one more opportunity to get this bill out of the Senate Judiciary Committee and onto the floor for a vote and we need your help to move this bill.

The bail profession continues to enjoy universal support for this bill except from the Federal Judges and that appears, at this time, to be the one and only group that Senate Judiciary Committee Chairman Patrick Leahy (D-VT) is listening to. We need your help in elevating the noise from other Senators and constituents about the importance of this bill.

S.2495 says one thing and one thing only: Bail is about the appearance of the defendant! This bill tells federal judges (and state and local judges) that they may not forfeit a bail bond if a defendant violates a condition of the bond. We have repeatedly said: "If a defendant fails to appear, hold the bail agent responsible! If the defendant violates a condition of the bond (do not drink, drive out of state, use drugs) hold the defendant accountable for their own behavior! The judges say not being able to place conditions on a bond weakens their ability to set bonds. Nonsense is the universal reply. Place all the conditions on a bond that you want, only hold the defendant accountable for their own behaviors!

We need your help in two areas.

First is with the Senate Judiciary Committee. These are the members of the Senate Judiciary Committee:

Chairman Patrick Leahy (VT) 202-224-4242

Democrats (10):
Edward M. Kennedy (MA) 202-224-4543
Joseph Biden (DE) 202-224-5042
Herbert Kohl (WI) 202-224-5653
Diane Feinstein (CA) 202-224-3841
Russ Feingold (WI) 202-224-5323
Charles Schumer (NY) 202-224-6542
Richard Durbin (IL) 202-224-2152
Benjamin Cardin (MD) 202224-4654
Sheldon Whitehouse (RI) 202-224-2921

Republicans (9):
Arlen Specter (PA) 202-224-4254
Orrin G. Hatch (UT) 202-224-5251
Charles Grassley (IA) 202-224-3744
Jon Kyl (AZ) 202-224-4521
Jeff Sessions (AL) 202-224-4124
Lindsey Graham (SC) 202-224-5972
John Cornyn (TX) 202-224-2934
Sam Brownback (KS) 202-224-6521
Tom Coburn (OK) 202-224-5754

Second area where we need your help is with your two U.S. Senators.

Some Important Stuff!

1. This is a bi-partisan bill
. The primary sponsor is Sen. Joe Biden (D-DE) who is also the VP-Elect. Sen. Arlen Specter (R-PA) the ranking Minority Member on the Judiciary Committee is also a sponsor as are other Judiciary Committee members Sen. Ben Cardin (D-MD) and Sen. Lindsey Graham (R-SC). Other Senators sponsoring the Bill are Sen. Bill Nelson (D-FL), Sen. Mel Martinez (R-FL), Sen. Larry Craig (R-ID) and Sen. Mike Crapo (R-ID).

2. The only group, organization or persons against S.2495 are the federal judges. We have replied to their objections only they have had the ear of Sen. Leahy. We now need to make more noise so that our message is heard.

3. What are the Senate's plans for the rest of November and for December? Good question. I spent time recently on Capitol Hill seeking definitive answers. The expectation, according to Speaker of the House Pelosi that the House will reconvene to address additional Economic Stimulus packages. If this happens and a bill passes the House and goes to the Senate, then the Senate will return. Should there be no bill, then it is very doubtful that the Senate will return and all the bills in the Senate that have not been acted upon, including S.2495, will die.

4. Should the Senate return (and best estimates are that they will return) then we can look forward to the Sen. Leahy convening a Judiciary Committee meeting. At that time, we want him to place S.2495 on the agenda for consideration. Here is where we need your help. First, if either of your U.S. Senators is on the Judiciary Committee, please telephone them and ask that S.2495 be placed on the agenda of the next Judiciary Committee meeting. Second, we need everyone to call their two Senator's offices and ask them to have Sen. Leahy place S.2495 on the Judiciary Committee agenda. Again, this is especially true if one or both of your Senator's are on the Judiciary Committee. Everyone, every Senator is important if we want to make noise.

5. Option #2 - Sen. Leahy does not have to place the bill on the Agenda of the Judiciary Committee, he can agree to discharge it from his committee so that the full Senate may consider and vote on the legislation. Here is where noise pays off. If enough of us call and make this request of our Senators and they in-turn call Sen. Leahy's office, we will see the bill come out of the Judiciary Committee.

6. What if Sen. Leahy does not agree with either request? Then, as a last resource, we can ask one of our original sponsors to re-introduce the bill and ask for Same Day Consideration. This is the least desirable route, yet it is a route.

7. So, please, please call your U.S. Senator's office and ask them to have Sen. Patrick Leahy, Chair, Senate Judiciary Committee bring S.2495 up for consideration and a vote. Call your U.S. Senator's office and ask them to make noise and let's get this bill moving. Yes, call the Sponsor's office and the co-sponsor's offices if you are from their state. Please, let us call everyone.

8. Now when you call your Senator's office here in Washington, DC there is a better than 95% likelihood that the call will be answered by a Senatorial Intern. You do not need them to record your interest in S.2495, instead ask to speak with the Senator's staff member who is
responsible for Judiciary issues. Speak with them about S. 2495 or at least leave a voice message of support and your name and phone number so that they may call you back if needed or necessary.

9. What if you are uncertain as to the names and telephone numbers of your U.S. Senators? No problem for us. Please call the Home Office - 202-783-4120 - and we can supply names and telephone numbers. Honest, no problem.

10. What if I want to read more about S.2495, the Bail Bond Fairness Act? Again, no problem, we have lots of materials and information on the PBUS website at: http://www.pbus.com.

11. What if I did not support my Senator last time? Again, no problem. You are a constituent and this is a request you are making as a constituent.

12. What if I have questions about the bill or someone on a Senator's staff wants or needs more information. Again, no problem. Please call me in the PBUS Home Office - 202-783-4120 - and we can discuss the bill or work with me on a fast meeting with the particular Senate staffer. Remember, PBUS is located between the White House and Capitol Hill. I can reach the Hill in about under 9 minutes.

13. This has been a particularly long and arduous journey for you, the profession and PBUS and yet, we have never been as close to finishing the job as we are right now. The end is in-sight, awaiting that final push.

14. Call your U.S. Senator's offices, call PBUS and call me and let's see about getting this done.

I promise that I will continue to monitor daily what is occurring on Capitol Hill and let you know the moment the U.S. Senate creates their schedule for the remaining days of the 110th Congress. Together, we can make this happen.

Thank you.
Stephen Kreimer

Executive Director
PBUS
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Monday, November 10, 2008

Judge Slams Bail Delays

Deep systemic problems in Durham Region courts mean prisoners routinely face unreasonable delays while awaiting bail hearings, a judge ruled as he dismissed charges against a man facing domestic assault charges.

In his written reasons, Justice Joseph De Filippis, of the Ontario Court of Justice, quoted from a justice of the peace, who said that the crowded bail court docket in Durham "staggers human endurance."

De Filippis ruled that a clogged court system meant Daniel Jevons, 60, of Oakville spent far too long in custody awaiting a bail hearing after being arrested in August 2007.

Under the Criminal Code, accused people must appear before a judicial officer within 24 hours and have a bail hearing within three days thereafter, unless they consent to a delay.

Jevons was held in jail for eight days before his bail hearing.

Jevons, who had no criminal record, was charged with being unlawfully in a dwelling and criminal harassment for an alleged incident with a former girlfriend.

"The defendant feared he might never be released before trial," the judge wrote. "That fear was not unreasonable. What is not reasonable are the resources allocated to bail hearings in Durham Region."

Charges against Jevons were dropped last month, but the judge only released his reasons this week.

The decision came after defence lawyer Boris Bytensky disputed Crown figures about backlogs in Durham Region bail court.

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Bondsman's Killer Gets 50 Years

James E. Carr was sentenced today to 40 years in prison for murdering an unarmed bail bondsman March 6 in South Richmond.

The term imposed for the death of James W. Woolfolk III will run consecutive to the 10 years that Carr recently had revoked in Henrico County on a prior robbery conviction. That means Carr, who will turn 21 later this month, has a total sentence of 50 years to serve.

Richmond Circuit Judge Beverly W. Snukals, following a jury's recommendation, this morning sentenced Carr to 37 years for first-degree murder and three years for felonious use of a firearm.


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Friday, November 07, 2008

Leonard Padilla Once Again Searching for Caylee

 Leonard Padilla, the California Bounty hunter who has been in and out of the case surrounding missing toddler Caylee Anthony arrived back in Orlando Thursday night. 

Padilla said he will be part of the search teams that will comb areas across Central Florida looking for any trace of the toddler that has been missing since June. At one time Padilla felt the toddler was alive, but when he arrived in Orlando Thursday he said that he now feels that Caylee is dead.


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Wednesday, November 05, 2008

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Bail Denied in Deadly Fish Toxin Case

A federal judge in Rockford has denied the request for bail from a Lake in the Hills man who's charged with unlawfully acquiring and possessing a deadly puffer fish toxin.

Judge Frederick Kapala wrote that releasing Edward Bachner IV from custody would pose a serious danger to the community.

Defense attorney James Marcus asked the judge to approve his request for bail, saying Bachner has no criminal history and isn't a flight risk.


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Austrailian Judge Rules Out Bail Despite Full Prisons

A remand centre prisoner's bid to be released on bail because of record overcrowding in Canberra's detention system failed in the Supreme Court yesterday.

Chris Merritt, who is facing charges that include assault and property damage, had applied to the court for bail, arguing he could not be held humanely in the ACT's overflowing system.

He also argued that Corrections authorities could not provide adequate medical treatment for an injury to his hand.

The system has been under increasing pressure since the ACT's new jail, the $123million Alexander Maconochie Centre in Hume, failed to open on time last week, throwing into chaos plans to transfer detainees from Belconnen and Symonston remand centres, and sentenced prisoners from NSW.

Glitches with the new jail's electronic security system have forced the opening to be delayed at least until January and security contractor Chubb is paying the ACT Government $44,000 a day in compensation.

Merritt had argued through his lawyers that the system was not providing him with adequate treatment for a broken hand which he suffered in an altercation with another detainee.


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Tuesday, November 04, 2008

Cost of Alaska Prison Calls May Rise to $2

State utility regulators have delayed a Texas-based company's proposal to collect $2 for local calls made by Alaska prison inmates.

Prison calls cost more because officials need to monitor, record and potentially block inmates' calls, according to the Department of Corrections.

Dallas-based Evercom Systems Inc. applied to the Regulatory Commission of Alaska to start charging the fee Sept. 15. Evercom is partnered in much of Alaska with Anchorage-based GCI and has a contract to provide phone security for the Alaska Department of Corrections.

State regulators are investigating whether the $2 fee is reasonable.

The fee won't be charged at least until after regulators hold an evidentiary hearing, which hasn't been scheduled. The RCA asked the phone companies to show costs proving the fee was reasonable and held a public meeting Sept. 11.

Statute requires the RCA to rule on the matter by August 2009.

The fee wouldn't be charged for the "one free phone call," calls to public defenders or calls from phones in booking areas.

Long-distance calls from prison already cost more. The corrections department said collect local calls from prisons are common nationwide.

Bail bondsmen, an ankle monitoring company, a defense attorney and an inmate were among those who complained about the proposed fee in written comments or public testimony.

Defense attorney Randal Cavanaugh testified that his bills to state and federal agencies would go up to cover extra costs. He also said the fee was being "disguised" as a phone service: Recordings were being used by state and federal agencies as evidence in court cases.

Commissioners said they could not yet comment on the merits of the case. They said they might not be able to address Cavanaugh's concerns.

"This may turn to a considerable extent on our jurisdiction, the extent to which we can get involved in ... the correctional part of it," RCA commissioner Mark Johnson said.

Rosalie Nadeau, executive director of Akeela Inc., testified that the Akeela House drug rehab program couldn't afford the fees. She also thought that the fee would further isolate inmates and make it more difficult for them to put their post-prison lives back together.

"We get calls every day from prison from inmates, and what they're doing is trying to work on getting out of prison," she said.

One Hiland Mountain Correctional Center inmate identified as "S. Alvarado" hand-wrote regulators that the calls were the only way she could communicate with her family.

"My mom is a widow with grandchildren she can not pay $2 for a 15 min call please find it in your heart for this not to happen," Alvarado wrote.


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Economy Affecting Bail Business

Like many businessmen, Vince Gaskin's cell phone is strapped to his side and he is reachable day and night. He sorts through piles of paperwork and regularly meets with clients.

But unlike a typical businessman, Gaskin often meets with clients through a cell block window at 3 or 4 a.m.

"During the day it's pretty calm. Evenings are busier," Gaskin said. "We're like fireman waiting for the bell to go off."

But the stalled economy is taking a toll on Gaskin and others in the bail bonds business.

"One of the problems I'm seeing are the jails becoming overcrowded. With the economy the way it is, people can't afford to get out of jail," said Don Collins, a second-generation bondsman and owner of A-Harden Bail Bonding in Stuart.

Crime goes up when the economy is bad. But like any other businesses, bondsmen's customers have less money. That means fewer people who are arrested can find the cash or collateral due to the bondsmen in order to post bond and get them out of jail.

And that translates to less money for bondsmen, who already fight a tough economic battle because they can't compete based on price and have clients that can skip town — leaving the bondsmen out large amounts of money.

Bondsmen collect a non-refundable fee from a friend or family member to get the client out of jail. Collateralmight be required depending on how much the bail is set for. This is meant as a type of insurance for the bondsman to recoup their costs since they are ultimately liable for the full amount of the bond.

Bondsmen are backed by insurance companies to ensure they meet their financial obligations to the courts. Insurance companies put a portion of the bondsman's fee into what's called a build up fund. Accrued funds in this account are used if the bondsman is unable to recoup the full amount of the bond.

Bondsmen's fees are governed by Florida State Law, which requires them to collect 10 percent of any bail amount greater than $1,000, or $100 for each offense $1,000 or less.

There are more than 50 bail bond agencies on the Treasure Coast, so marketing is essential because the businesses cannot differentiate themselves based on price.

"People just want who will get them out the quickest with the least amount of hassle," said Gaskin, who has owned and operated Vince Gaskin's Bail Bonds — which has locations in Stuart, Fort Pierce and Vero Beach — since 1999.

Some bondsmen have Web sites, sponsor basketball and soccer leagues, or even golf tournaments to get their name out. Some also feel being in a close proximity to the jail makes a difference, although Ryan Collins, a 25-year-old bondsman, is a firm believer that having a good rapport with people makes a difference.

"You have to offer good customer service," said Ryan Collins, who is the son of Don Collins.

All bondsmen complete a series of training courses and schooling, and are required to have a 1-year internship with a licensed bondsman before becoming licensed themselves. Additionally, they have to complete seven hours of continued education each year, where they receive training on self-defense, handcuff techniques and how to use a gun.

If someone fails to appear for court, bondsmen have up to 60 days to produce their client or the bondsmen must pay the full amount of the bond. Bondsmen then have the authority to track down these "skips" — as they are called in the business — for something called a "pick up," said Gaskin, who lost his bid for St. Lucie County Commission District 1 in the August primary.

"Our client's paperwork is our warrant," Gaskin said. "By signing the paperwork, they are giving us the authority to arrest them any time of the day, any where."

In September, Gaskin, along with two of his private investigators traveled to Puerto Rico for a client that was out on a $30,000 bond.

If someone flees, the decision to go after them is handled on a case-by-case basis. Deciding whether to make a pick up depends on the amount of the bond and what information the bondsman has to work with.

"We lose a lot of money. Bail bondsmen take a lot of losses. If I had every dime that was due to me, I'd probably take a break for 10 years," Gaskin said.


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In Starkville, Mississippi, Bondsmen See Less Business

The life of a bail bondsman isn't always easy.

The phone rings in the middle of the night and on the other end of the line is the voice of a prisoner -- or that prisoner's loved one -- who needs to get bailed out of jail.

Most, if not all, Starkville area bail bondsmen are used to getting those late night phone calls. So, as they've done so many times before, they head into the night to bail out yet another person.

Lately, local bondsmen have received fewer and fewer of those late night phone calls, and many say their businesses are suffering.

Since the city of Starkville contracted this June to house prisoners in Clay County jail when the Oktibbeha County jail is full, some bondsmen have seen business with city prisoners drop 50 percent to 75 percent.

As part of the city's contract with North Atlantic Extradition Services, which operates out of Clay County jail, the Starkville Police Department is guaranteed 15 extra beds each night at the West Point facility, at a cost of $35 per bed.

Because so many Starkville prisoners regularly get transported to Clay County, especially during circuit court sessions when the Oktibbeha County jail is full, local bail bond agents are losing out to their colleagues in West Point.

"Since they've done this, it's probably cut bonding by 50 percent," said Cynthia Hunt of Hunt Bonding.

Hunt wrote about 20 bonds per week for Starkville prisoners prior to the city's agreement with NAES, she said.

"Now I might get five," she said.

The availability of bondsmen in the West Point area is part of the reason Starkville bondsmen are missing out on the business.

When a suspect is arrested by the Starkville Police Department, he or she gets one phone call. Some suspects make their call at the city police station, while others make calls from Clay County jail.

Because West Point has its fair share of bonding agents, many prisoners who make calls from Clay County jail contact bondsmen already in the area instead of those in Starkville.

"If I was sitting in jail and it would take 30 minutes for a bondsman to get here, then there is a local bondsman I can call and it's going to take three minutes for them to get here, I'm going to call the local bondsman," said R.H Gilmer of A Bail Bondsman in Starkville.

Pat Quinn of Leigh's Bail Bonds in West Point, who deals regularly with Clay County jail, said business hasn't significantly picked up since Starkville started sending more of its prisoners to West Point.

"Actually, there hasn't been an increase in business," Quinn said. "It's been pretty steady."

The city's agreement with NAES only applies to prisoners picked up by the Starkville Police Department. The situation is a bit different with prisoners who are arrested by the Sheriff's Department or state agencies, such as Mississippi Highway Patrol.

"If a bail bondsman comes up here and said 'I want to get out Joe Blow,' and he's in Lowndes or Clay County, they'll start the bonding process here and we'll go pick him up and bring him back," said Oktibbeha County Sheriff's Department Deputy Chief George Carrithers. "We require all our bonds on (county) inmates to be made in Oktibbeha County."

Despite the conflict among local bail bondsmen, Starkville police Lt. Bill Lott said the concerns are unfounded. Lott said the agreement with NAES allows for more criminals to be locked up because, prior to the contract, Starkville police were allowing some offenders to remain free and only arrested the most violent criminals.

Now that more people are being put in jail, Lott said local bondsmen should have even more business, especially considering many prisoners make their one phone call before they're transported to Clay County.

"They get their phone call when they're here, so they have the opportunity to call a bondsman right here and then," Lott said. "If they can't get a bondsman here before the booking process is complete, they're going to West Point. So it would behoove them to call a local bondsman."


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Bondsmen See House Burglarized on Their Watch

Around 7:00 p.m. Thursday night, bail bondsmen were watching a house off of Chapel Hill Boulevard hoping the homeowners show up.

They didn't, although a car with three men pulled up.

Officers say they broke into the home and were later seen leaving with stolen property.

At that point, bondsmen called Pasco police and they later stopped the suspects vehicle at 4th and Court Street.

All three men were arrested and charged with Residential Burglary.


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Monday, November 03, 2008

Bail Amount Under Dispute in Prison Guard Murder

As family members began a four-day Hmong ritual to mourn correctional officer Steve Lo, a deputy district attorney said Friday that Lo was having an extramarital affair with the wife of a former Sacramento County sheriff's deputy, providing a possible motive for Lo's slaying.

Robert Clancy discussed the relationship in Sacramento Superior Court while arguing against a motion to reduce bail for former Deputy Chu Vue. Vue has been in jail for the last week on an unrelated felony charge of possessing an illegal weapon.

Police consider Vue a "principal" in the investigation into Lo's killing, but have not charged him in connection with that case. He is being held in lieu of $500,000 bail – 10 times the standard amount for an illegal weapons charge.

Judge Steve White sided with Clancy, and Vue, 43, remained in custody late Friday.

Vue, who was fired Monday at his arraignment hearing after 13 years with the Sacramento County Sheriff's Department, has pleaded not guilty to the weapons charge.


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