Tuesday, November 18, 2008

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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