Lack of trials taxing system
Precautionary measures to stop the spread of the coronavirus have created unique challenges for the county's criminal justice system, like much of the state and country.
In March, the state and county postponed jury trials along with most court proceedings in an attempt to stem the spread of the virus. With the rest of the criminal justice system now resumed, the system is working with what is arguably the most crucial part still missing — the ability to hold a jury trial in an attempt to prove an individual's innocence or guilt.
The lack of jury trials created a standstill in many criminal cases, with many people facing criminal charges often in jail, unable to afford high cash bonds and having no way to clear their names. Many defense lawyers are turning to a state law known as Rule 600 to get their clients out of jail.
During a court hearing Nov. 18, Butler County Common Pleas Judge William Shaffer heard arguments for the release of David C. Masdea, 48, of Butler from Butler County Prison under Rule 600, a state law that is meant to guarantee a defendant's right to a speedy trial.
Masdea's lawyer, Public Defender Joseph Smith, argued that Masdea has been in the county's jail for at least 200 days because he can't afford the $150,000 bond. The 200 days in jail would qualify him to be released from jail under Rule 600's 180-day limit on pretrial incarceration.
Rule 600 has two basic parts: one addressing incarcerated defendants; the other for defendants out of jail awaiting trial. If an incarcerated person hits 180 days without going to trial, pleading guilty or having the case dropped, the rule allows them to be released on a nominal bond to await their eventual trial. This first part serves as a mechanism to getting out of jail for those unable to afford their posted bond.
For those who have posted their bond, prosecutors must bring the case to trial within 365 days, otherwise the case gets dismissed.
Masdea was charged Oct. 31, 2019, with drug delivery resulting in death and possession with the intent to deliver, both felonies.
Assistant District Attorney Terri Schultz, prosecuting the case, acknowledged the importance of Rule 600, but she asked Shaffer to deny Masdea's release and cited the severity of the charges against Masdea. She also calculated that Masdea had credit for 182 days in jail.
“The rules are hard to enforce when there's a worldwide pandemic,” she said.
The question of balancing pretrial supervision and community safety has existed long before the spread of the virus, with reformers arguing that money bonds unfairly punish indigent defendants who cannot afford the cost while affluent defendants easily pay their way out of jail.
But critics and many district judges who are responsible for initially setting bail in Butler County cite a concern for public safety as a reason to maintain bonds. The debate has taken a new turn with the spread of the coronavirus.
“It's an unfortunate situation. I believe that functionally speaking speedy trial isn't a right at this moment,” said Joel Lansing Hills, a local defense attorney. “The Constitution and COVID are definitely butting heads at this point.”The Pennsylvania Supreme Court declared a judicial emergency March 16 across all state judicial districts, ramping up a previous order giving president judges emergency powers to respond to COVID-19. The declaration also suspended Rule 600.By the end of May, the emergency orders were lifted, restoring Rule 600, setting the clock ticking again.Hills noted that the state Supreme Court's suspension of Rule 600 accounted for 77 days that defendants cannot use in their calculations for when they can be released.For the most part, judges in Butler County and elsewhere have waived the 365-day requirement, according to District Attorney Richard Goldinger.“Court unavailability is a reason judges can waive the 365-day rule, which is how I'd consider our situation now with no jury,” Goldinger said. “That shouldn't be held against us and it's certainly not in the interest of society to let dangerous criminals out of jail or drop cases that have been filed just because we're in a pandemic.”The law provides for many other exceptions to the rule and with Butler County — like most of the state — not holding jury trials, the system is becoming backed up with inmates, who are demanding their rights by filing Rule 600 motions.“Rule 600 is like a piece of Swiss cheese — there are a lot of holes and exceptions to it,” said Joseph Smith, a Butler County public defender who has filed several motions for release from jail over the past month on behalf of his clients.Smith noted that homicide charges are one of the main reasons judges are rejecting Rule 600 motions for the incarcerated. In most of those cases, defendants are being held without bond. But for others with less severe charges, chances are better their request to be released will be granted by a judge.And in Masdea's case, the fluid nature of the rule is on display. In an order filed Thursday, Shaffer denied Masdea's request to be released after the judge made his own calculations that differed from the defense and prosecution.Masdea has been in the county jail since March 4, giving him 12 days to be counted. After that, the suspension was in effect.After the suspension was removed, Shaffer calculated that several motions were made by Masdea, which caused delays in Masdea's case moving forward. Because of how Rule 600 is set up, days in jail aren't counted if a delay in court proceedings is caused by the defense.Actions like the defense asking for a reschedule on a hearing will cause days in jail to not be counted toward Rule 600. And with this in mind, Shaffer calculated that Masdea only had 125 days, making him ineligible for release.Smith said that Masdea maintains his innocence and they plan on taking the case to a jury trial — whenever that is.Hills, the private defense attorney in the area, said there is a presumption of innocence built into the state and federal constitutions, but in practice the system treats defendants otherwise.Hills said that so far he's had success with getting one of his clients out of jail on a Rule 600 motion.“You have a constitutional right and that's been suspended. People have had charges for a year hanging over them with no jury trial,” Hills said. “We just have ad nauseam conferences where nothing gets done and everybody is (rescheduling hearings).”And even for those out of jail, pretrial supervision comes with its own burdens.Pretrial supervision often comes with requirements that defendants not drink alcohol, Hills said.“If you run into your (probation officer) at a bar, you're done,” Hills said. “Or you have to pay (someone) like me a couple hundred dollars) to get you out of jail just for having a beer with your friends.“In the meantime, your firearm right is suspended. You're on pretrial probation and then if you mess that up now you're in jail,” Hills said.Hills said the court system can't figure out a way to do due process during this pandemic.“We have a right to a jury trial. So now, we don't have that right, for all intents and purposes, and there's no indication that we'll have that coming up,” he said. “This is something that bothers me.”He noted that for many, “This is a war of attrition and people are going to get tired of getting accused and they'll just plea out.”
