SARATOGA SPRINGS, N.Y. (WRGB) — The debate over bail reform continues after men accused of burglary were released without bail.
Due to current bail laws, the three suspects in the burglary of the Lola Saratoga home were given a protective order and no bail by the court following the hearing Thursday morning.
Republican Senator Jim Tedisco called the matter “criminal tourism.”
“They may not break into Lola’s, they may be smart enough not to do that, but they may break into or impact other businesses or industries,” the senator said. “They impact the safety of our constituents and they impact financial well-being and law enforcement.”
Saratoga Springs Municipal Court Judge Jeffery Wait said during his appearance Thursday that his hands were tied by current bail reform laws.
“As you may recall this weekend, we had discussed that bail could not be set on the facts. I had no discretion to do that,” Judge Wait said. “Under any circumstances, I certainly would have done that, but my hands are tied.”
Under current law, release on bail must only be possible if the suspects are repeat offenders or have committed a violent crime, such as serious bodily harm.
MOE: Judge: “You are here and that is a good thing,” Lola Saratoga accused burglars in court
“They committed violent crimes, in my opinion. They had a high-speed chase that went down the Northway to Clifton Park. At speeds of 25 to 30 miles per hour, they could have struck and injured another citizen,” Tedisco added.
Last year, the state changed bail reform to give judges more discretion by eliminating the restrictive middle standard.
“There are many states and federal systems that allow people to be held incarcerated for fear that they may pose a threat to the community. We don’t do that in New York and we never have,” added attorney Paul DerOhannesian. “Sometimes bail has been used in that way, on the grounds that the person might not show up because of their history and past and therefore we would have to charge a high bail.”
The suspects in the Lola case were not released on bail and were given protective orders from the store and the owner.
However, judges can also resort to other measures, such as ankle bracelets or probation hearings, but these come at a cost.
“One problem with measures like ankle bracelets is the cost and burden on the community. Contrary to what many people think, there is not an ankle bracelet for every potential defendant who could be released,” DerOhannesian said. “It certainly puts a strain on the system, whether it’s a probation department or whoever is doing the monitoring.”
Although bail reform is a controversial issue, some politicians, such as House Representative John McDonald, say the suspects’ appearance in court this week proves a point.
“The bottom line is that people have been issued a warrant, they have shown up again and they are expected to do so. If they don’t, a warrant is issued for their arrest just like everyone else and then they have to show up because they failed to show up and committed a bailable offense.”
An arrest warrant is out for Toron M. Melton, 34, whose last known residence was in Washington, DC, in connection with the Broadway burglary in December 2023.
The police have not yet announced whether there is a connection between the cases.
The suspect’s next court date is September 12.
