[DV_listserv] DV News

[Domestic Violence issues]

FYI: This article says that the judge "denied bail" for the defendant which, ultimately, was correct. The caveat to that is that the DDA handling this case filed a motion for no bail under ORS 135.240 (Violent Felony provision). The court INITIALLY found that there was NO probable cause for the charges, despite the fact that the victim was sitting in the courtroom with her face badly beaten. Despite a finding of "no probable cause" the judge KEPT the defendant in jail and set bail at $1 million dollars. Right after the bail hearing, the judge heard the victim's RO petition and GRANTED it.

The DDA in this case decided to file a Motion to Reconsider the bail issue because there was such serious concern about the Defendant's ability to bail out and the danger he posed to the victim and the community.

In preparing the Motion to Reconsider, the DDA went to retrieve the Probable Cause affidavit. In doing that, the judge who'd JUST heard the bail hearing realized that HE had actually signed the Probable Cause Affidavit. Oops.

The judge reversed his decision on the release hearing. THAT'S when the judge set a no bail hold.

http://www.azcentral.com/community/glendale/articles/2011/04/12/20110412glendale-police-sergeant-arrested-oregon-brk.html

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