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HomeMy WebLinkAboutCP-21-CR-1155-2007 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CP-21-CR-1155-2007 : V. : CHARGE: 1. ROBBERY – BODILY INJ. : 2. ROBBERY – FORCE : HOWEVER SLIGHT : 3. SIMPLE ASSAULT : 4. THEFT BY UNLAWFUL : TAKING : 5. CRIMINAL CONSPRIACY – : TO ROBBERY – : A. BODILY INJURY : B. FORCE HOWEVER : SLIGHT : 6. CRIMINAL CONSPIRACY – : THEFT BY UNLAWFUL : TAKING : 7. CRIMINAL CONSPIRACY – : SIMPLE ASSAULT ZACHARY KINER : OTN: K4287662 : AFFIANT: TPR. ERIC KEEBAUGH ORDER OF COURT th AND NOW , this 11 day of October, 2007, upon consideration of the Defendant’s Emergency Habeas Corpus and Petition for Reduction in Bail and the Commonwealth’s Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that the Defendant’s request DENIED for relief is . By the Court, M. L. Ebert, Jr., J. Christin J. Mehrtens-Carlin, Esquire Assistant District Attorney Dirk Berry, Esquire Attorney for Defendant Adult Probation Victim Services Cumberland County Prison Court Administrator bas COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CP-21-CR-1155-2007 : V. : CHARGE: 1. ROBBERY – BODILY INJ. : 2. ROBBERY – FORCE : HOWEVER SLIGHT : 3. SIMPLE ASSAULT : 4. THEFT BY UNLAWFUL : TAKING : 5. CRIMINAL CONSPRIACY – : TO ROBBERY – : A. BODILY INJURY : B. FORCE HOWEVER : SLIGHT : 6. CRIMINAL CONSPIRACY – : THEFT BY UNLAWFUL : TAKING : 7. CRIMINAL CONSPIRACY – : SIMPLE ASSAULT ZACHARY KINER : OTN: K4287662 : AFFIANT: TPR. ERIC KEEBAUGH IN RE: DEFENDANT’S EMERGENCY HABEAS CORPUS AND PETITION FOR REDUCTION IN BAIL BEFORE EBERT, JR., J. OPINION AND ORDER OF COURT Ebert, Jr., J., October 11, 2007 – On September 26, 2007, after trial in the above-captioned matter, the Defendant was found guilty at Count 2 – Robbery, (F3), at Count 4 – Theft by Unlawful Taking, (M2), at Count 5B – Criminal Conspiracy to Commit Robbery (F3) and at Count 6 – Criminal Conspiracy to Commit Theft by Unlawful Taking (M2). On Count 1 – Robbery (F1), Count 3 – Simple Assault (M2), and Count 5A – Criminal Conspiracy to Commit Robbery (F1), the jury was unable to reach a verdict and a mistrial was declared. Accordingly, the Defendant faces retrial on these even more serious charges. At the conclusion of the trial, the Court having heard all of the facts of the case increased the Defendant’s bail from $25,000.00 unsecured bail to $50,000.00 cash or professional bond. Sentencing in the case was then scheduled for November 6, 2007. The Defendant maintains that the Court erred in setting the Defendant’s bail at the current amount and that we should now reset bail to his pre-conviction amount. Under the provisions of Pa.R.Crim. 521, it is clear that when the aggregate of possible sentences on all outstanding verdicts against the Defendant can exceed three years imprisonment, a Defendant may be totally denied bail. The Court did not deny bail but simply modified the Defendant’s bail subject to the provisions of Pa.R.Crim. 521 (D). When modifying bail, the Court must evaluate the release criteria set forth in Pa.R.Crim. 523. The Court did this. Specifically, the Court reviewed the Defendant’s past court records and was aware of the Defendant’s prior criminal history to include a juvenile record. The Defendant had failed to appear two times in 2005 on another case and bench warrants were issued for his arrest. The Defendant has a very inconsistent work history. Defendant has a history of drug abuse and suffers from mental health problems which have manifested themselves in threatening acts and suicidal ideation. Frankly, under the criteria listed in Pa.R.Crim. 521 (A) (2) (b), this Court would have been acting well within its discretion to find that the Defendant posed a danger to the community or himself. It was this Court’s belief that given the nature of the Defendant’s felony jury conviction for an attack upon and theft from an innocent taxi driver, coupled with the possibility of being retried on even more serious crimes, and his past background outlined above an increase in bail was warranted. The Defendant was not denied bail. Bail was modified pursuant to the authority provided to the Court under Pa.R.Crim. 521(D) after examination of the appropriate release criteria. Accordingly, the following order is entered. ORDER OF COURT th AND NOW , this 11 day of October, 2007, upon consideration of the Defendant’s Emergency Habeas Corpus and Petition for Reduction in Bail and the Commonwealth’s Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that the Defendant’s request DENIED for relief is . By the Court, M. L. Ebert, Jr. J. Christin Mehrtens-Carlin, Esquire Assistant District Attorney Dirk E. Berry, Esquire Court-appointed Counsel Adult Probation Victim Services Cumberland County Prison Court Administrator bas