Bail Source Hearings Tested-Update

Two state courts have scheduled bail source hearings, also called Nebbia hearings, to determine if the cash used to make bond is legitimate. In both cases, the courts will rule on this provision for the first time.

In New Jersey, the Trentonian reports that a Superior Court judge in Mercer County has scheduled a hearing on August 14th that will require Bernard Green, also known as "Petey Black," to divulge the source of the money posted toward his $750,000 bail. Prosecutors say Green is a high-ranking gang leader who stalked a rival gang member’s silver Dodge Durango. Green shot into the SUV, injuring an occupant, and a stray bullet killed a by-stander two blocks away. “Hypothetically, how does a person without a job, who doesn’t own a house or a car, put up $50,000 cash?" said Trenton Mayor Doug Palmer. "It certainly is the responsible thing, and the reasonable thing, to look at the source of that money."

The New Jersey Legislature passed a law three years ago opening the door for bail source hearings. Green’s lawyer, Robin Lord, argues that while the Legislature may have opened the door for such hearings, they are unconstitutional under New Jersey law. She maintains it switches the burden of proof from the state to the defendant, and could open the door to self-incrimination. "The sole purpose of bail is to assure that a person appears in court," Lord said. "Preventative detention, meaning to prevent that person from going out and committing another crime, is an illegal consideration."

UPDATE: The Trenton, New Jersey bail source hearing has been cancelled. The Trentonian reports today that the hearing was cancelled after one of the financial backers of the bail bond for Green withdrew his/her support. The hearing, scheduled for yesterday, would have allowed prosecutors to question all of those contributing money for Green's bond.

In Arizona, azcentral.com reports that a Maricopa County Superior Court judge ruled this week that one million dollars delivered to a bondsman to make bond for Armando Gamboa Molina was probably obtained through illegal means, and he refused to release the defendant. A second judge then allowed the money to be seized by the Arizona Attorney General's Office. Molina is charged with two counts of possession of narcotics for sale, conspiracy, racketeering, money laundering and misconduct with weapons. According to Molina's defense attorney, Herman Alcantar, the defendant's father claimed he sold valuable property he owned in Mexico and then converted the currency at a currency exchange, in Mexico. Molina’s family did not claim the money as they crossed the border and there is no record of how the money got from Mexico to Arizona. It was the first time state prosecutors have used the Nebbia hearing in Arizona.