Violent-crime susps sprung
New bail rule frees man in beating of woman
Brooklyn defendant Nathan Panchoo, a look of relief on his face, patted his lawyer on the back and left the courtroom a free man — despite being accused of a violent crime.
Panchoo was sprung without bail Thursday under the state’s controversial new judicial reforms after his arraignment for the alleged theft of $220 from a woman punched in the face and beaten with a broken stick during a vicious New Year’s Eve robbery.
Panchoo, due back in court March 5, wasn’t alone in celebrating his good legal luck.
Fellow defendant Frantz Fortune, charged with unlawful imprisonment, assault, menacing and harassment in an unrelated case, was also freed without bail after a Brooklyn hearing.
“I was a little bit surprised, yeah,” acknowledged Fortune, accused of choking and beating his girlfriend on two separate occasions — including one where he refused to let her leave his car, forcing the woman to leap to her safety from a moving vehicle.
Defense lawyer Adam Uris, who represented Panchoo, said the charges against his client made for “a perfect grayarea case” under the new guidelines.
“He is eligible for bail, but under the spirit of the new law, should they set bail?” asked Uris. “Should they request bail? And they didn’t. And I would say that’s in keeping with the spirit.”
Not everyone shared Uris’ sentiment about the new laws expected to end cash bail in an estimated 90% of statewide arrests. Republican state lawmakers railed against the reforms after an Albany man facing manslaughter charges was freed from jail after months in lockup.
Paul Barbaritano, 53, remained behind bars without bail following his July arrest in the killing of 29-year-old Nicole Jennings, who was strangled and stabbed. Barbaritano was turned loose Thursday, with GOP officials quickly condemning the new way of doing business.
“Another day, another individual accused of a heinous crime released back out into the community where they are free to offend again thanks to the radical policies of Democrats in the Senate and Assembly,” said Senate Minority Leader John Flanagan (R-Suffolk).
Fortune, 29, was set free after discussions between a prosecutor, a defense lawyer and a judge over whether his crimes were now legally worthy of bail. After all consulted their cheat sheets and the new legislation, Fortune walked out of the court wearing a brown T-shirt against the January chill.
Defense lawyer Benjamin Wittwer of Brooklyn Defense Services was a bit irked that his client was held in handcuffs during court recesses.
“It chafes me a little bit that he would have to remain in custody,” he said of his client’s treatment between calls into court. “By law, we’re holding him for no reason.”