THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, April 6, 1996 TAG: 9604060280
SECTION: FRONT PAGE: A6 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: Medium: 67 lines
The city may be violating the civil rights of prisoners who are in jail awaiting trial by not allowing them to bond out as soon as they are able.
Although newly arrested defendants usually can go free on a bail bond immediately, longer-term prisoners can bond out only on weekdays between 8 a.m. and 7 p.m.
A Supreme Court investigation of the magistrate's office completed Thursday raised red flags about the practice after magistrates complained that they have to turn down bond requests on the weekend and at night because of Sheriff's Department policies.
``Once a prisoner is able to make bond, they have a legal right to leave,'' said Supreme Court Technical Assistant Ron Neely, the investigator. ``That right is being usurped by the policies of the Sheriff's Department.''
Portsmouth is the only major city in Hampton Roads where a prisoner cannot be bonded out over the weekend or at night. Virginia Beach, Chesapeake and Norfolk all have 24-hour-a-day, seven-day-a-week bonding procedures. Newport News bonds out three times a day, seven days a week.
Chief Magistrate Gwendolyn C. Barrick said she called the attorney general's office to report the problem in 1994. Barrick reported to Neely during his current investigation that Assistant Attorney General Linwood Wells met with city officials and warned them there could be litigation for denying liberty to defendants who can make bond.
Wells said Friday he recalled a meeting in Portsmouth but said he didn't remember anything about it.
Sheriff's Department spokeswoman Betty Aronson said Friday that their representative at the meeting said potential litigation was not a topic of concern and that those present determined the policy could continue.
The Sheriff's Department has never gotten a complaint, Aronson said.
Barrick said she did not know how many times inmates' family members have requested bonds outside of business hours. However, Neely said the numbers were not important.
``Once is too often,'' Neely said, calling the matter ``an issue of liberty.''
Local civil rights and criminal attorney Allen D. Zaleski said Friday he believes the city could be vulnerable if there have been cases of prisoners behind held after they asked to be released.
``There's the possibility of a person bringing an action over there for deprivation of their constitutional rights,'' Zaleski said. ``I think it could lead to an action against an appropriate official for violation of constitutional rights under state law as well.''
Aronson said Friday that the records offices are closed at night and on the weekend because of staffing problems and that the department was unaware of any potential litigation.
``If this is a problem then the magistrate's office and the Supreme Court representative need to have communication with us and come up with a solution that's going to address civil rights and be appropriate,'' Aronson said. ``I feel sure the sheriff is going to work to rectify the situation.''
Portsmouth Sheriff Gary Waters was on vacation and not available, she said.
Aronson said the only inmates affected were those who had been to their initial court hearings and were unable to make immediate bond. After inmates had been in jail for a period of time they would be aware of the bonding hours and could make arrangements to be bonded during the week, Aronson said.
KEYWORDS: PORTSMOUTH JAIL BOND MAGISTRATE < by CNB