Bail Bondsmen Acquitted

A Mobile trial of a bail bondsman and his employee charged with kidnapping ended in an acquittal late Tuesday afternoon for both defendants.

Former Mobile County sheriff's candidate Clint Ulmer, 43, and an assistant, 25-year-old Bobby Crook, went on trial Monday before Circuit Judge Rick Stout, accused of kidnapping a woman from the downtown McDonald's fast-food restaurant on Government Street in January 2006.

However, even before jurors began deliberating late Tuesday afternoon, Stout told them that since the trial began, he found no elements in the case justifying a charge of second-degree kidnapping.

Instead, Stout said, the jury would have to decide whether Ulmer and Crook committed a lesser offense -- unlawful imprisonment in the second degree.

After about an hour of deliberations, the jurors decided that the men were not guilty of even the lesser charge.

According to testimony, the chain of events leading to this week's court case began with the arrest of Janai Napier, who was charged with receiving stolen property in late 2005 and for whom Bandit Bonding agreed to stand bail.

When she missed a court date in January 2006, Ulmer and Crook went to her mother's job at the Government Street McDonald's, placed Gwendolyn Napier in handcuffs and later drove her around a city block before returning her to the McDonald's parking lot, according to testimony.

The prosecution argued that this act was an illegal attempt to bully and intimidate Napier into leading the men to her daughter. The defense argued it was a matter of mistaken identify, with Ulmer and Crook believing the mother was the daughter.

Stout said that his decision on the original kidnapping charge hinged on whether Napier was held in "secret" during her brief encounter with Ulmer and Crook.

Since several McDonald's employees and even some police officers were aware that the men had taken Napier away, it could not have been secret, Stout said.

Assistant District Attorney Ella Byrd argued in the end that while Napier was confined inside Ulmer's vehicle she was being unlawfully imprisoned.

During cross-examination by Ulmer's defense attorney, Buzz Jordan, Gwendolyn Napier acknowledged that until recent years she had had an illegal drug problem, had accumulated her own string of arrests over the years and had used perhaps as many as 15 aliases.

She had been clear of both drugs and criminal behavior for years, Byrd later pointed out.

Jordan and Crook's defense attorney, John Wayne Boone, questioned the mother's veracity and her motives for waiting months before filing kidnapping charges against their clients.

The attorneys also pointed out that since the incident at McDonald's, Napier had initiated a civil suit that as of July was seeking $1.5 million in damages against the bail bondsmen.

For Clooney “Bounty Hunter” May be a Bad Word

George Clooney says paparazzi should respect the rules of the road.

A video clip posted on TMZ.com shows Clooney pulling off to the side of a street, then saying to photographers: "You can drive all you want, you can take my picture all you want, but what you cannot do is put people in danger."

"There are no rules now," he says, comparing paparazzi to "bounty hunters."

"What they're doing is illegal," the actor says. "It's high-speed chases."

Agency to Bail and Hire Accused

The Metro Manila Development Authority yesterday backed a proposal to give detainees a chance to bail out under the agency’s Trabaho, Trabaho program.

General manager Robert Nacianceno said the Bureau of Jail Management and Penology, represented by Director Serafin Baretto Jr., attended the meeting of the Metro Manila Council to work out a plan with Chairman Bayani Fernando to recruit inmates with bailable offenses for jobs as street sweepers, masons, painters, plumbers or camineros.

“The board of BJMP heard the chairman’s announcement that the authority is willing to accept applicants [who] have not yet been convicted by the court,” he told Standard Today.

Nacianceno said Baretto’s scheme would help decongest city jails, enable the detainee to post a bail, live a normal life and earn enough to pay back the bondsman.

The agency’s Public Safety chief Ramon Santiago said the “Bail Now, Work Now, Pay Later” plan would fit in the agency’s employment- generating drive.

“The payment of bond would be derived from the salary of the released person,” he told Standard Today, referring to the qualified inmate’s temporary liberty.

“Only indigent detainees would have the privilege. MMC has not yet resolved the proposal. But Chairman Fernando is considering its approval.”

At the council meeting were Las Piñas City Mayor Vergel Aguilar, Quezon City Mayor Feliciano Belmonte Jr., Parañaque City Mayor Florencio Bernabe, Valenzuela City Mayor Sherwin Gatchalian along with Metro Manila Councilors’ League president Serafin Bernardino, Quezon City Vice Mayor Herbert Bautista, and representatives of the other localities.

Bail Bondsman Claims Bonding Process Takes Too Long

The time it takes to bond an inmate out of the Benton County Jail varies substantially from Washington County, according to a bondsman who routinely writes bonds at both jails.

Curt Clark, a bonding agent with Action Bail Bonds, said on average it may take up to seven hours for the Benton County Jail to release someone after bondsmen give deputies the inmates' bonding paperwork.

Clark said at the Washington County Jail, he waits usually 15 to 30 minutes for an inmate to be released.

"I don't know what the problem is," Clark said of the Benton County Jail bonding process.

Capt. Hunter Petray, Benton County jail commander, said the time it takes to release inmates on bond depends how much paperwork they've accumulated. Court orders, property, jail records and bonding information are all checked before an inmate is released.

Deputies also verify the inmate doesn't have a warrant from another jurisdiction before release, Petray added.

One to two bonding deputies work each shift in Benton County.

Four detention deputies were recently assigned to work with Northwest Arkansas Immigration Criminal Apprehension Task Force, Petray said. Their loss means Petray's staff has fewer people to deal with matters such as bonds.

Petray asked to hire 10 deputies for the detention facility and was given two, he said.

The Benton County and Washington County sheriff's offices and the Rogers and Springdale police departments assigned officers to the task force. Officers received specialized training and have some immigration enforcement authority.

Deputies "do the best we can," Petray said. It's "not as simple" as walking someone out of the facility, he added.

Clark acknowledged Petray's explanation may impact the bonding process, but "it's just like any other business. It's hard to keep good employees."

Jana Brady of Bentonville took a friend to the Benton County Jail, who turned himself in at 12:50 p.m. on Tuesday on a misdemeanor charge.

Brady said she didn't expect the process to be quick but was entertaining her 1-year-old daughter and 3-year-old son while waiting on her friend.

At 2 p.m., she was given the bond paperwork to fill out and turned it back to the detention deputies, she said. The friend was officially released from the jail at 2:34 p.m.

Lt. Chris Reeser, who works in the Washington County Jail, said the time it takes to release an inmate from that facility varies depending on what's "going on."

Louann Eagle of Stilwell, Okla., bonded out a relative from the Washington County Jail on Saturday morning. The relative was arrested the night before on a misdemeanor charge.

Eagle said she arrived at the jail at approximately 10 a.m. A bondsman started the paperwork to release the relative at 10:15 a.m. and had it turned into detention deputies by 10:35 a.m.

The relative was released from the jail at 10:53 a.m.

The process of bonding out at Washington County Jail was quick, Eagle said. She added that she's never had to bond anyone out of the Benton County Jail.

Reeser said there are typically six booking deputies working on a shift with the release time averaging 15 to 20 minutes, Reeser said. Washington County detention deputies also verify property and paperwork before an inmate is released, he said.

Bill Browning Jr., an agent with First Arkansas Bail Bonds, said Washington County Jail has always been slow booking inmates into the jail but on average it takes 30 to 40 minutes "tops" to release them.

Browning agreed with Clark that the Benton County Jail can take "hours" to release an inmate.

"I honestly don't know what the holdup is," Browning said.

The Benton County Jail is overcrowded and needs a larger budget and staff, but Browning said "so much more plays into that" than staff shortage. He added it's the detention deputies' "attitude" which contributes to the timeliness of the bonding process.

AT A GLANCE

State Law On Bonding Timeliness

Tommy Reed, executive director with the Arkansas Professional Bail Bondsman Licensing Board, said there are no regulations or Arkansas statutes regarding the timeliness of releasing someone from a detention facility.

The issue of timeliness is an issue to be taken up with jail administration, Reed said.

Accountability and Bail Bonds

As an industry, private surety bail is severely misunderstood -- to the detriment of our public safety. In reality, bail bonds are appearance bonds. Bail agents track and monitor defendants to ensure they show up for court and receive their sentences. Surety bail has done so for generations at no cost to the taxpayer.

Last week, the Sentinel quoted Orange County Sheriff Kevin Beary, who stated, "Criminals bail out of jail and return to the streets." This implies that issuing a bail bond creates additional crime. Keep in mind that the majority of criminals arrested in Orange County aren't released on surety bail bonds. In fact, approximately 65 percent of alleged criminals are released by unsecured means (e.g., simply promising to return to court for subsequent hearings). Surety bail isn't the issue. Unsecured pretrial-release practices are the problem.

Orange County has a multimillion-dollar, taxpayer-funded pretrial release program. As a division of the Orange County Jail, it's supposed to release only those inmates who meet strict criteria. But the jail is overcrowded; therefore, repeat offenders with multiple charges for theft and robbery, assault, drug-related crimes, arrest with violence, failures to appear and other serious crimes are being released without secured bail.

Judicial release is another form of pretrial release. In many instances, judges opt to release inmates on their own recognizance. In layman's terms, that means defendants simply have to agree to stay out of trouble and return to court for their trials. An administrative order written by the chief judge allows judicial release; however, such release should take into account a defendant's criminal history and his or her danger to the community, which isn't always happening. There is also the question of whether or not the administrative order complies with Florida Statute.

Not surprisingly, these alternatives are significantly less effective than private surety bail, according to a number of national studies. Why? The answer is simple: accountability. Commercial bail agents and the insurance company backing the bonds are monetarily responsible for defendants released on surety bail. If a defendant flees, the agent must return the defendant to jail or pay the court -- often large sums of money. Neither a judge nor pretrial services staff are held accountable when a defendant fails to appear in court.

The Orange County Corrections Department, which operates the jail, falls under the discretion of Mayor Rich Crotty and the Board of County Commissioners. Our elected leaders need to understand that emptying the jail as fast as possible in order to save money is bad public policy. So is spending millions of tax dollars on a pretrial release program that contributes to the soaring crime rate. Until accountability becomes the criminal-justice system's mantra, our quality of life in Central Florida will continue to deteriorate. Public policy affects public safety.

Suspect Arrested in Durham Man's Slaying

A suspect in the slaying of an 89-year-old Bragtown man surrendered on Monday evening, Durham County Sheriff Worth L. Hill announced.

Last Friday, the sheriff's office swore out warrants against Tory Jarel Nelson, 18, of 5121 Stanley Road, in the stabbing death of Charles Forest Davis. Davis was found dead in his home at 2913 Nellowood St. on Sept. 26.

Nelson surrendered to Barry Jones, of Barry Bail Bonds Inc., at 6 p.m. Monday. He was then taken to the Durham County magistrate's office, where detectives met him.

Bondsman Refuses To Leave Despite Condo Construction

A businessman is determined to remain where he is working regardless of who his new neighbors are.

Condominiums are going up throughout downtown Nashville.

But one bondsman refuses to leave despite the construction at the corner of Harrison Street and Third Avenue North.

"Yeah, it would be great to see a corner store there," said Adam Leibowitz of Double A Development, looking out a window at a bonding company.

"They are trying to make money and I'm just trying to make a living," said Hal Melton.

Judge Sides with Houston in Challenge to Red-Light Cameras

A Harris County judge has ruled that Houston's red-light cameras are legal and constitutional.

State District Judge Sharolyn Wood's ruling comes in response to a lawsuit filed by a red-light camera critic who sued the city after intentionally running a red light.

Bail bondsman Michael Kubosh ran a red light last year, then sued the city after he was caught on camera and fined. He and his brother, lawyer Paul Kubosh, argued that Houston's fines conflicted with state law.

But Wood ruled the city has the statutory authority to operate the red-light cameras.

In a letter to both sides, Wood agreed with the Kuboshes' complaint that the city has failed to present "properly authenticated evidence" in hearings over the tickets. City Attorney Arturo Michel says the city will revise the hearing process to address any problems.

Bounty Hunter Pays for Disadvantaged Kids to Ride Horses

As Vanessa Barron steps into the stirrups for the first time, the 13-year-old thinks about how to stay on the saddle, how to make her horse go, and how to stop. She's not thinking about her problems.

"The horses make you feel like you're someone else or something," said Barron. She lives in a homeless shelter with her family. "It's kinda hard for us to be living like that," she said.

But Saturday, Barron can focus on riding horses. She's taking part in the HACNM Ranch Program.

"It stands for Homeless, Abused Children – No More," said Shaun Lawrence.

Lawrence is a bounty hunter. He has owned horses ever since he was a child and just wants to help needy children and disabled ones experience the joy of riding a horse.

"Something they probably would never get to do in their lifetime, mainly because of the expense," said Lawrence.

The expense is something Lawrence is taking on himself. He pays more than $7,000 each month to maintain the 10 horses used in the program.

"I love seeing kids smile. I love seeing them being happy," said Lawrence. "A lot of them today came and when they first came, they were so sad and now they're all having a good time. They're laughing and to me that's worth more than money itself."

"It's kinda great for them to do that for us," said Barron.

Lawrence says you can't put a price on helping kids forget about their daily lives.

"Kind of all your worries just go away when you're on a horse and I think the kids feel that, too," said Lawrence. "A lot of them just forget about everything when they're out here. You know a lot of those kids come from homes where they haven't eaten in several days. They've never even owned an animal."

With his program, they get to look the horses in the eyes. They get to feed them and pet them. Lawrence says they get to experience the magic that has captivated people all around Colorado.

"For them to just even (experience) for them a brief moment," said Lawrence. "Yeah, we only come out here and do it for three hours, but that three hours is going to last them forever."

If you want to help the HACNM Ranch Program, Lawrence is looking for volunteers, hay donations or cash to help care for the horses. Donors can call him at 720-404-0250.

After experiencing horses for the first time, Barron is now looking forward to her next ride.

"I've been on that horse, I've been on that horse," she said. "I wanna ride another one."

Prominent OC Attorney Pleads Guilty in Bail Bonds Scheme

A prominent defense attorney pleaded guilty Friday to conspiring with bail bonds agents to solicit business for his law firm.

Joseph Gerard Cavallo, 52, of Irvine pleaded guilty to one felony count each of conspiring to engage in attorney capping, conspiring to solicit illegal bail bond referrals and receiving illegal bail bond referrals, said Susan Schroeder, a district attorney spokeswoman.

Bondsman Embroiled in Murder Plot

A St. Charles County bail bondsman was sentenced this morning to 10 years in federal prison for plotting the murder of a competitor.

Virgil Lee Jackson pleaded guilty to a murder-for-hire charge in August and admitted trying to arrange the murder of Gerald “Jerry” Cox. Cox, a former Democratic state representative from St. Charles, was not harmed.

Jackson wanted to kill Cox because he thought Cox was steering customers away from his business, prosecutors have said, and had threatened Cox before.

After Jackson's application for a general bail bond license was denied in September of 2005, he met with a confidential informer at a St. Charles restaurant and told him how to kill Cox, prosecutors said.

Jackson said he'd supply the gun and bullets and told the informer to shoot Cox outside his business and dump his body in the Missouri River near St. Charles.

Dog in the Doghouse

About 100 residents of mixed ethnicity expressed their anger, frustration and hope to end racism yesterday during an informal forum on race relations in response to Duane "Dog" Chapman's racist tirade caught on tape.

A motorcycle group, African-American organizations, a medical group and students were among those attending the talk at Trinity Missionary Baptist Church near the airport.

Sparked by Chapman's racist rant, the Hawaii chapter of the National Association for the Advancement of Colored People organized the event to discuss race issues in the media.

"What spearheaded this was obviously another in a series of incidents where a high-profile individual chose to use the N-word," said NAACP chapter President Alphonso Braggs. "The fact that it was in a private conversation is clearly secondary and almost irrelevant to the use of the word when you are referencing someone."

Chapman, a Honolulu bounty hunter, apologized after the National Enquirer posted a recording of him using the N-word to refer to his son's black girlfriend and telling him to break up with her so he could use the word freely. A&E network suspended production of the show and pulled it off the air indefinitely.

Braggs pointed out that blacks are not the only ethnicity subjected to derogatory remarks in the media, recalling a recent comment about the Philippines on the TV show "Desperate Housewives."

Brigham Young University Hawaii sophomore Kai Sanders, who is black, stood up and said she wanted to know how to stop racism.

Blacks should be sure "we aren't ourselves using the word," she said. "We have to figure out how to not like or appreciate the music that's being put out by our own community."

The Rev. Dwight Cook, minister of Trinity Missionary Baptist Church, told the crowd that he felt Chapman ought to undergo sensitivity training.

"Everybody has to become a part of making this community a better place, and it does start with education," he said.

Jewel McDonald, president of the African American Association of Hawaii, said Chapman should be reduced from a "hero to a zero."

The consensus of the forum was that racism against blacks and other races persists in Hawaii, though it is not as blatant as on the mainland.

"They give you the impression everything is sweet here. 'It's the melting pot so everything is just lovely.' But it's not," she said.

Bounty Hunters Search for Madeleine

A troop of bounty hunters has joined the hunt for Madeleine McCann after it emerged a British businessman has reportedly offered a £1 million reward for her safe return.

Police officers, tourist guides and drug dealers are all among the opportunists hoping to profit from the four-year-old's disappearance.

The reward has apparently been put up by Brian Kennedy, a double glazing millionaire who has backed the McCanns bid to find their missing daughter - and to clear their names.

Despite already shelling out an undisclosed but substantial sum towards the campaign, it now appears he has gone one step forward.

Bounty hunters have apparently been operating across Morocco, the location of a spiralling number of sightings.

Tourist guide Ali El Bouazaout, who speaks seven languages, is just one of the men to become involved with the search and has travelled more than 1,000 scouring the country for the little girl.

"I have been all over Morocco looking for Madeleine - to Marrakesh, to Fez, even to the Sahara, showing her picture to people, hoping someone will recognise her," he said.

"And if I find her I will be rich. I have been promised I will never have to work again, maybe £1 million.

The tourist guide joined the hunt after Mr Kennedy went into Morocco after a suspected sighting in Zinat, in the Rif mountains.

"Brian flew into Morocco in his private jet looking for Madeleine," he said.

"I was waiting outside the Hertz rental car company office by the airport and that is where I met him.

"I worked as his guide and translator. I went with him to Zinat to look for Madeleine but it was not her.

"Then I went with him to Rabat to the British Embassy. I know him very well.

"I have been all over the country, more than 1,400 kilometres, showing Madeleine's pictures.

Speaking to the Daily Express last night, Mr Kennedy, 47, confirmed the Moroccan tour guide was involved with the hunt.

He said: "I know Ali. He is a sweet guy. Yes, I promised him a reward but that is not the reason he is doing this.

"He really want to help. He was the guy who was involved with the first sighting in Morocco.

"He was the man who went with us to find the girl in Zinat, who turned out to look like Madeleine but was actually a Moroccan girl."

Other bounty hunters are also on the trail, including low-level drug pushers, who ply their trade in the streets and souqs of Morocco, and even off duty policemen.

One officer said: "How much will you give me if I find her?

"I think she must be worth two or three million pounds, don't you think?"

Mr Kennedy is a double-glazing magnate, who made his money from Everest windows, and has a £250 million fortune.

Earlier this autumn, he pledged to meet all the growing costs of "Team McCann", the nickname given to the array of legal and media advisers supporting the family.

A senior source close to Mr and Mrs McCann said Mr Kennedy, 47, decided to act after being moved by the plight of the missing girl's parents when they were made formal suspects in her disappearance.

Mr Kennedy is believed to have had no previous contact with the McCanns.

He made his offer shortly after it was made clear the McCanns would not be drawing on the £1 million donated to the Find Madeleine Fund to pay for legal fees and media advice.

The couple had feared they would be forced to sell their home in Rothley, Leicestershire, as they struggled to rebut the leaks and allegations coming from the Portuguese authorities.

However, with Mr Kennedy's help, the McCanns have in recent weeks been able to take on former BBC reporter Clarence Mitchell and lawyers Kingsley Napley to fight their case. One of Britain's leading lawyers, Michael Caplan, QC, has also been employed.

The McCanns' benefactor – who shares his name with Kate's uncle, but to whom he is not related – is the son of an Edinburgh window cleaner, who was brought up a Jehovah's Witness.

He is one of Britain's richest businessmen. In 2003 he sold double-glazing firm Everest for £63million, three years after buying it for £47million.

Mr Kennedy's business empire includes about 20 firms spanning plastics, conservatory-roof manufacturer Ultraframe, glass processing, kitchens and other home improvement retailing. They have a combined annual turnover of £500million. He also owns Sale Sharks rugby club.

Reportedly described by friends as a rough diamond, the father of five plays rugby and regards himself as "one of the lads".

He lives in the village of Swettenham, in Congleton, Cheshire, with his wife Christine. The average house price in the area is close to £1million.

Illegal Immigrants Filling County Jails

Illegal immigrants are taking roost in three Panhandle jails and causing crowding issues.

Ochiltree County is making plans to deal with extra inmates in part because of illegal immigrants who have committed state crimes. Immigration and Custom Enforcement place holds on illegal immigrants, making it difficult for them to bond out of jail.

Ochiltree Sheriff Terry Bouchard said a proposed agreement between Ochiltree County Jail and the Dallam-Hartley County Jail will allow the county to ship inmates to the bi-county jail at $40 per day per inmate.

Moore and Carson County both ship inmates to other jails but would have their crowding issues relieved if illegal immigrants could bond out.

"We've managed to stay under (capacity) so far, but we want some kind of safety mechanism in case we run over," Bouchard said.

Ochiltree' 32-bed facility is 51 years old and typically runs an average of 26 inmates.

This week the county had nine inmates with ICE holds placed on them.

"When immigration places a hold on that person, the bondsmen don't want to bond them," Bouchard said. "If they do bond out, ICE will pick them up."

Ken Knowles, owner of Central Bail Bonds, which covers about 90 counties, said it ultimately depends on whether local jails will work with the bonding companies and the credibility of the inmate.

"I know some of these smaller jails due to the overcrowding and the overpopulation of immigrants, if these people have jobs and are somewhat stable, they will cut them loose on our bond," Knowles said. "We do post bonds on them if the credibility is there."

Ochiltree won't be stuck with illegal immigrants for inmates indefinitely. After they serve for the state crime, Bouchard said they are picked up by ICE.

Moore County Jail has six inmates at the Dallam-Hartley County Jail and still has 58 inmates in its 62-bed facility.

Corrections Officer Christie Rex said most of the 11 inmates with ICE holds have misdemeanor charges against them.

"If they were able to bond on those charges, my jail wouldn't nearly be as full. That would help us," Rex said.

Most of the jail officials did agree that ICE was punctual about picking up inmates once they had resolved their state issues.

Carson County Sheriff Tam Terry has two inmates staying with Armstrong County to help ease crowding at his 24-bed facility. Terry's nine inmates with ICE holds all face first-degree felonies.

"They are here and I can't get rid of them," Terry said. "If five of them were able to make a bond, that would help us out."