Delaware DA explains new bail law's challenges

Oct. 21—In the wake of Otsego County District Attorney John Muehl's announcement that he will not seek reelection because of frustration with the state's 2020 criminal justice overhaul, another local prosecutor weighed in on the law, saying it does present challenges, but the state has offered assistance.

Delaware County District Attorney John Hubbard said Wednesday the county and several police departments within it were recently reimbursed by the state for costs associated with discovery reform expenses.

The Delaware County Sheriff's Office, Probation Department and District Attorney's Office, along with the local police departments in Colchester, Delhi, Sidney and Walton, were reimbursed for expenses related to the implementation of discovery and bail reform laws which took effect on Jan. 1, 2020, a media release said. The reimbursement was for costs incurred by the county agencies and local police departments from April 1, 2020 through March 31, 2021.

The reimbursement to the county agencies and police departments was in the amount of $131,248, the release said. That money was broken down to the following agencies: DA's office, $25,300; probation department, $38,861; Sheriff's Office, $14,929; Colchester Police Department, $14,440; Delhi Police Department, $9,570; Sidney Police Department, $14,048; and Walton Police Department, $16,100, Hubbard said.

He said once he compiled and filed the application, it took about six weeks to be reimbursed by the state.

Hubbard said the reimbursement did not, however, cover all the costs the local departments incurred implementing the new law. He said most of the costs incurred were administrative, and for time to upload video. Other costs included purchasing new new computers, increased data connectivity costs, and software, the release said. The Delaware County Probation Department was mandated to provide pretrial services, including electronic monitoring to certain defendants, which required the purchase of the monitoring devices and software, the release said.

"My office spends two to three hours every day running rap sheets," Hubbard said.

He explained the new law requires the DA's office to run rap sheets — criminal records that list a person's arrests and convictions — on every potential witness that could be called to the stand during a trial and give that information to the defendant's attorney. He gave an example of a bar fight and all of the witnesses that could be called to testify.

The law requires materials to be handed over to the defense attorney within 20 days if the person is incarcerated and 35 days if the person was released without bail, he said.

In addition to the rap sheets, materials to be turned over include all written or recorded statements made by the defendant, grand jury transcripts, all items related to the arrest, all body camera or motor vehicle camera video, dispatch calls, photographs, photocopies, search warrants, the application for a search warrant and a list of items found during the search, and lab work, such as blood-alcohol content, he said.

Hubbard said he has faced difficulty prosecuting cases because people do not want to cooperate knowing that their names will be provided to the defense. He said there are some cases that have not gone to trial because the defendants have not shown up because they didn't have to pay bail. For chronic bail-jumpers, bench warrants are issued.

Hubbard said those cases take "extra work and take longer to resolve because they don't appear in court."

He said the Otsego County District Attorney's office hired a full-time person to compile all of the evidence that must be given to the defense attorneys, and said Delaware County may need to do so in the future.

Vicky Klukkert, staff writer, can be reached at vklukkert@thedailystar.com or 607-441-7221. Follow her @DS_VickyK on Twitter.