I suppose that the judge felt that she had no choice. Section 16 of the Kentucky state Constitution specifies that, “All prisoners shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it.” But good Lord, this story is dumb!
Sheriff: Kentucky murder suspect slips ankle monitor and flees home incarceration
by John Cheeves | Wednesday, November 22, 2023 | 3:51 PM EST
A murder suspect on home incarceration in Somerset disappeared early Wednesday after removing the ankle monitor meant to track his location, Pulaski County Sheriff Bobby Jones said in a news release.
Samuel L. Baker, 24, was scheduled to stand trial Dec. 4 in Pulaski Circuit Court before Judge Teresa Whitaker on charges of murder, first-degree burglary, persistent felony offender and being a convicted felon in possession of a firearm.
I admit to being shocked that the Lexington Herald-Leader published Mr Baker’s mugshot.
Baker is believed to have a gun with him and should be considered armed and dangerous, Jones said. He is believed to be with Adriana Brown, 28, in a 2016 black Dodge Grand Caravan, the sheriff added.
Miss Brown, you in a heap o’ trouble, girl! The state does not look kindly on helping criminals escape prosecution.
Baker was charged with the 2021 shooting death of Robert Claunch, 62, of Pulaski County.
Baker originally was jailed in lieu of a $500,000 bond. In August, after several trial delays, Whitaker agreed to reduce his bond to $25,000 in cash or $50,000 in property, on the condition that Baker agree to home incarceration with an ankle monitor, to not have a firearm and to not use alcohol or illegal drugs.
Mr Baker was arrested on March 19, 2021, so the “several trial delays” mean that he had been locked up on the charges for almost 2½ years without being tried. The obvious question is: why was there no more urgency to bring him to trial? There was still some COVID-19-related stupidity delaying trials in early 2021, but that has been over for well over a year now. If Mr Baker and his attorney had been the ones getting the trial delayed, then there was no reason for Judge Whitaker to reduce his bond; if the trial, which was now scheduled for December 4th, was delayed by the actions of the Commonwealth, then yes, I can see how the judge believed that she had no choice. She was aware that Mr Baker had failed to follow legal instructions in the past.
Mr Baker, the judge noted, was facing a possible sentence of life without the possibility of parole. In essence, Mr Baker had every incentive to cut off his ankle monitor and head for the hills; with a potential sentence of life without parole, there’s nothing more the Commonwealth could do to him. Mr Baker’s bond was posted on August 21st.
So, what happened? Mr Baker had every incentive to flee, but Miss Brown, if she indeed enabled his escape, would face charges herself, but stupid is as stupid does.