Greenwich Time (Sunday)

Professor: High court review of accused killer’s bail a first in Connecticu­t

- By Ben Lambert william.lambert@hearstmedi­act.com

NEW HAVEN — The state Supreme Court’s decision to review the $20 million bail given to Qinxuan Pan, the man accused of the slaying of Yale graduate student Kevin Jiang, is unpreceden­ted in state history, according to a University of New Haven professor and former state official.

Michael Lawlor, associate professor of criminal justice at the University of New Haven and former undersecre­tary for criminal justice in the administra­tion of then-Gov. Dannel P. Malloy, said the June 29 order was the first time the court had required a judge to articulate reasoning for a bail amount or hold a hearing to establish the evidence on which it was based.

Lawlor said the Pan case could prompt residents and officials to consider whether pretrial detention without bail should be allowed for certain cases in Connecticu­t, as it is at the federal level and some other states, such as New Jersey, which changed from monetary bail to using a risk assessment system after a 2016 constituti­onal amendment.

“What do you do with a guy you think is a danger to the community and a very likely flight risk (as a judge)?” Lawlor said. “That’s a very good question.”

William Gerace, Pan’s attorney, filed the motion for Pan’s bail to be reviewed in June. During the case, he has said the $20 millionis too high too be reasonable — an amount “tantamount to no bond at all.”

In response to Gerace’s motion, the state Supreme Court ordered Judge Brian Fischer to articulate his reasoning for the bail amount or hold a hearing to establish the evidence on which he based it.

Fischer did so by the July 15 deadline, citing Pan’s flight from the area in February after the killing, which prompted a nationwide manhunt; the slaying itself; Pan’s financial resources; his use of a

false name; connection to China; and the likelihood that he would flee the country, among other factors.

Gerace said he was pleased the court had taken up a novel matter by issuing the order. He said he had filed his motion at the appellate level; court justices decided to consider it on their own.

“I’m hoping for something good,” said Gerace. “The fact that they kicked it back to Judge Fischer with such (stark) language gives me optimism.”

State requiremen­t

Lawlor said the state constituti­on requires that every defendant not charged with a capital offense be given bail, and the amount of that bail not be excessive.

What bail amount is reasonable, Lawlor said, is up to the judge, although the prosecutio­n, defense and a state-employed bail commission­er offer recommenda­tions.

But at the federal level, a judge

can order pretrial detention without bail if they believe a defendant is a severe flight risk or danger to the community, Lawlor said.

“This is usually very frequently used ... to hold people that are clearly dangerous,” Lawlor said. “Because that’s not an option in Connecticu­t, it’s very clear that judges and prosecutor­s use the workaround of asking for superhigh bond amounts.”

Pan’s $20 million bail, he said, was an extreme example.

Both Lawlor and Bill Carbone, a senior lecturer at the University of New Haven and former executive director of the Court Support Services Division of Connecticu­t’s judicial branch, said it was the highest they had ever heard about in the state.

William Dunlap, a law professor at Quinnipiac University, also said Pan’s $20 million bail was the highest he had heard of in Connecticu­t, and likely a record. Given that, he said it was likely the right move to

have Judge Fischer justify the decision.

“That doesn’t mean it was, per se, wrong, but it was bond to attract attention,” said Dunlap. “But the defendant in this case is certainly entitled to an explanatio­n and potentiall­y a hearing.”

No bail?

Dunlap said that, if the allegation’s in Fischer’s reasoning were true, the $20 million bail may well be justified, as Pan had seemingly done some planning toward fleeing.

Gerace also has said he believes the bail amount is a record. The state does not track such informatio­n, according to Rhonda Hebert, a spokeswoma­n for the judicial branch.

Lawlor said he believed individual defendants deemed dangerous should be held without bail,while everyone else should be released on a promise to appear.

Under the current system, some likely dangerous people are able to post bail and return to their communitie­s, he said.

Carbone, however, said he believed the current system, in the vast majority of cases, worked appropriat­ely.

He said bail commission­ers, in offering their recommenda­tions, take into account an arrested individual’s previous record and community ties, including their job and proximity to family.

In general, he said he trusted a court’s judgment in setting bail for serious cases.

Dunlap said the idea of holding people without bail is, in general, unusual. But it could be justified in certain circumstan­ces, such as when someone is a danger to witnesses, he said.

He noted that Connecticu­t engaged in bail reform in 2017, including eliminatin­g money bail for misdemeano­rs in many cases – and while that’s the other end of the spectrum, the state had demonstrat­ed attentiven­ess to the issue.

Gerace called for the state to set a “reasonable bond” in Pan’s case. He said would have preferred that Fischer schedule a hearing, allowing him to contest a series of Fischer’s points for setting the $20 million bail.

He said, among others, the court’s statements about Jiang’s financial resources, the strength of his ties to Shanghai and the likelihood of him fleeing the country were unfounded.

Fischer also said in the document he submitted to the high court that Pan was arrested in an apartment he was renting in Montgomery under the false name “Henry Choi.” At the time, he was in possession of $19,000 cash, seven cellphones, seven SIM cards and his father’s passport, Fischer wrote.

Jiang, a student at the Yale School of the Environmen­t, was killed Feb. 6. His body was found around 8:30 p.m. on Lawrence Street in New Haven. He was shot multiple times, and found “in the middle of the road,” Fischer noted.

Pan was not arrested until May 13 in Montgomery, Ala., following a search by U.S. marshals and others.

Pan is next scheduled to appear in court July 28.

 ?? Ben Lambert / ?? William Gerace, defense attorney for Qinxuan Pan, outside Superior Court in New Haven on Tuesday.
Ben Lambert / William Gerace, defense attorney for Qinxuan Pan, outside Superior Court in New Haven on Tuesday.

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