Bail fail: Velardi raps legislators for not adding 'reoffend' provision to reform bill

When a Rochester transient was recently arrested twice in four days on attempted burglary charges it pointed out a glaring fault in recent bail reform legislation.

When legislators were fine tuning the law they heard concerns from Strafford County Attorney Tom Velardi that there was no provision for a cash or no-bail default assumption in the event of a suspect reoffending: in other words breaking the law while out on bail.

Many would think that would be a no-brainer, but the way the bill reads now, if you are not deemed "a threat to yourself or the public," you can't be held.

Judges are taking a narrow view of "danger to yourself or the public" and returning them to the street as fast as they can sign the no bail order.

In the case of the above referenced alleged burglar, Nicholas Closson, 37, his first arrest came after he was caught in the act by the homeowner who was armed with a handgun and held him till police arrived, which would seem to many a "dangerous" scenario in the first place.

Velardi said he urged legislators to put the "reoffend" provision into the bill, but they simply ignored his concerns.

"They should not be entitled to no bail if they reoffend," said Velardi, whose office has now made some adjustments in how they prosecute reoffenders. Now in many cases those who do reoffend are charged with bail jumping instead of just giving them a bench warrant or capias.

Velardi said having to file a new complaint of bail jumping creates a whole new case file, which is time and paperwork for his staff, but it is the only way try to make revolving-door reoffenders accountable for their actions.

Because right now, if they get a bench warrant or a capias they're just put back on the street, he added.

Velardi said judges are able to consider "dangerousness in all of its forms," including prior crimes, but they appear to be taking a more narrow view, distinguishing between nonviolent and violent offenses.

Velardi was recently added to a mix of law enforcement agencies, the ACLU and other stakeholders to consider and make recommendations to further strengthen bail reform to protect the public. They will make those recommendations to the legislature in November 2020, but Velardi expressed increasing frustration earlier this week that they can't fix the problem in the short term.

"It's a shame the system has to react to this matter instead of just solving the problem," he said. "The judges are not reacting to it the way the public would like us to react."

One of the sponsors of the bail reform bill, State Sen. Dan Feltes, D-Concord, said the main purpose of his bill was to take cash out of the equation when it comes to bail, arguing that it is unfair to the poor and indigent.

In a statement sent The Rochester Voice last week Feltes said bail reform is designed to keep nondangerous people out of jail.

"Bipartisan bail reform protects public safety, protects individual liberty and economic opportunity, and protects property tax payers from footing the bill to jail nondangerous people pending their trial," he said. "If someone misses a hearing, that doesn't mean they are a danger to themselves or others, it means they missed a hearing."

Feltes was asked on Wednesday to clarify why legislators failed to add a "reoffend" provision in the bail equation, but as of today he had not responded.

Velardi agrees with Feltes' overriding concern, but he is irked that Feltes and his colleagues wouldn't put a "reoffend" proviso in the bill so that a suspect who keeps breaking the law while out on bail would have a consequence for their actions.

"Some people who are committing these crimes are dangerous and are recidivists and will commit a crime five minutes after getting out on no bail," Velardi added. "So why aren't we giving them a meaningful bail to stop this. This is also a quality of life issue for people who live in the community.

"This (bill) shouldn't be about just putting people on pr bail and feeling good about that," he quipped.

Meanwhile, a check at Strafford County Jail today showed that Closson, for now at least, is being held on no bail.