Boston Herald

MAINE MANHUNT PUTS BAIL RULES ON WATCH

- By BRIAN DOWLING and LAUREL SWEET

New laws and court decisions are making it tougher for prosecutor­s to win bail for criminal defendants, the head of the Massachuse­tts District Attorney Associatio­n said — as the manhunt for a fugitive bailed in the Bay State and now wanted in the killing of a Maine sheriff deputy continued yesterday.

Somerset County Sheriff Dale Lancaster yesterday implored for fugitive John Williams to turn himself in and said 200 officers from multiple agencies were searching the area for him. The FBI announced a $20,000 reward for informatio­n leading to Williams’ arrest.

The killing of Somerset County Sheriff’s Cpl. Eugene Cole, 61, on Wednesday drew attention to the Massachuse­tts courts because Williams, 29, was free on a reduced $5,000 bail stemming from a gun charge last month in Haverhill.

“In these days, it’s becoming

increasing­ly more and more of a challenge to try to obtain an appropriat­e bail,” said Norfolk District Attorney Michael Morrissey, who heads the prosecutor­s’ group. He cited new obstacles in the criminal justice reform bill signed two weeks ago by Gov. Charlie Baker.

In Massachuse­tts, bail can only be set higher than what a defendant can pay if it’s necessary to ensure the defendant will return to court, according to a 2017 ruling from the Supreme Judicial Court.

Prosecutor­s say that under the criminal justice bill signed into law April 13 by Baker, which takes effect July 12, a judge who sets an unattainab­le bail has to say why the bail’s benefit outweighs “the potential adverse impact on the person, their immediate family or dependents resulting from pretrial detention.”

“That’s a new test,” Morrissey said. “Someone comes in and says, ‘I’m the sole breadwinne­r. I have five kids, and I have to work.’ How do we know? How are we going to figure that out? What’s the penalty for lying?”

The prosecutor­s’ associatio­n has for years pushed a bill to limit defendants’ ability to have their bail reduced in superior court review by requiring judges to find an error in fact or law rather than letting them have an absolute ability to reset the bail.

Senate President Harriette L. Chandler’s office declined to comment on the prosecutor­s’ bail reform bill, but in a statement said she would be looking at “the full facts” of the Williams case. House Speaker Robert A. DeLeo’s office did not return a request for comment.

Baker said yesterday the courts should review Williams’ case to see “if, in fact, it should have been handled differentl­y.” If that review finds a flaw in bail laws, “we’ll change them,” Baker said.

Williams, while held on Massachuse­tts gun charges last month, wanted his $7,500 cash bail cut to $2,000. Prosecutor­s, arguing he lived 165 miles away in Maine, with no local ties, fought the request. But Judge Timothy Q. Feeley reduced it to $5,000, saying, “The court has not considered the defendant — any alleged dangerousn­ess of the defendant in setting the amount of bail. The court has considered the financial resources of the defendant and has specifical­ly asked what amount of bail could be afforded by the defendant.”

 ?? AP PHOTOS ?? ON GUARD: Somerset County Sheriff’s Deputy Toby Blodgett lifts tape for a Bear Mountain Road resident, above, after closing the road to traffic while police search for John Williams, top, yesterday in Norridgewo­ck, Maine. The FBI is offering a $20,000...
AP PHOTOS ON GUARD: Somerset County Sheriff’s Deputy Toby Blodgett lifts tape for a Bear Mountain Road resident, above, after closing the road to traffic while police search for John Williams, top, yesterday in Norridgewo­ck, Maine. The FBI is offering a $20,000...
 ??  ??
 ??  ??
 ??  ??
 ??  ??
 ?? AP PHOTO ?? ALL HANDS ON DECK: Numerous area law enforcemen­t officers converge on Bear Mountain Road to search for John Williams yesterday in Norridgewo­ck, Maine. Williams is a suspect in the fatal shooting of Somerset County Sheriff’s deputy Eugene Cole early...
AP PHOTO ALL HANDS ON DECK: Numerous area law enforcemen­t officers converge on Bear Mountain Road to search for John Williams yesterday in Norridgewo­ck, Maine. Williams is a suspect in the fatal shooting of Somerset County Sheriff’s deputy Eugene Cole early...

Newspapers in English

Newspapers from United States