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Judge: Schoolyard slaying suspect's bail appropriate
Newark Star Ledger ^ | September 05, 2007 | Claire Heininger

Posted on 09/06/2007 8:42:34 AM PDT by 3AngelaD

An illegal immigrant charged in last month's Newark schoolyard slayings was entitled to be free on bail for previous crimes at the time of the shootings, and public criticism surrounding his release reflects a "profoundly flawed understanding of the right to bail," according to a judge's report released today...retired Judge Arthur N. D'Italia reviewed the court procedures followed in consolidating and setting bail in the prior criminal cases against Jose Lachira Carranza, whose arrest record - for attacking patrons during a bar fight and for child rape - sparked outrage after the Aug. 4 killings.

...the report...concludes the judge's actions were appropriate.

"Carranza was entitled to a reasonable bail that would ensure his presence at trial on serious charges," D'Italia's report states. "In fact, he appeared when required at two hearings subsequent to posting bail. Thus, the 'primary purpose of bail' under the New Jersey Constitution was satisfied."

Rabner asked D'Italia, a retired Superior Court judge in Hudson County, to conduct the probe on Aug. 16....

The state Attorney General's office is also conducting an investigation into Carranza's case. The two probes came in response to finger-pointing between prosecutors and the judiciary over Superior Court Judge Thomas Vena's decision on May 17 to reduce Carranza's bail in the child rape case.

Carranza, 28, an illegal immigrant from Peru who had been living in Orange and working as a laborer, was released from the Essex County jail on May 22 after posting $150,000 bail, which Vena lowered from $300,000.

Carranza was charged with murder and has pleaded not guilty in the deaths of Terrance Aeriel, 18, Dashon Harvey, 20, and Iofemi Hightower, 20. Five other suspects are also in custody.

(Excerpt) Read more at nj.com ...


TOPICS: Crime/Corruption; US: New Jersey
KEYWORDS: illegalimmigration; immigrantlist; judicialstupidity; unmitigatedgall
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The people of New Jersey ought to rise up and demand ALL of the "judges" involved in this be removed from the bench. My gerbil has better judgment. The primary purpose of bail ought to be ensuring public safety, not the "entitlement" of an illegal alien repeat offender. I wonder what the parents of the repeatedly assaulted child thought about his being release on bail. We haven't heard from them yet.
1 posted on 09/06/2007 8:42:36 AM PDT by 3AngelaD
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To: 3AngelaD

I suspect “the people of New Jersey” have exactly what they asked for, and are likely to ask for more of it.


2 posted on 09/06/2007 8:48:27 AM PDT by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: 3AngelaD
As a rule of thumb, I can't imagine why illegal aliens would ever even be granted a bail hearing at all.

An illegal alien is the freaking TEXTBOOK DEFINITION of a flight risk!

3 posted on 09/06/2007 8:48:43 AM PDT by Alberta's Child (I'm out on the outskirts of nowhere . . . with ghosts on my trail, chasing me there.)
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To: Alberta's Child

Illegal aliens should NEVER be given bail. They should be held by the local jail or by ICE until they either receive a sentence or not. IF no sentence, deported immediately.
Of course that would be common sense and common sense is not allowed.


4 posted on 09/06/2007 9:25:04 AM PDT by sheana
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To: SWAMPSNIPER
I suspect “the people of New Jersey” have exactly what they asked for, and are likely to ask for more of it.

Yes...you get it. Also, you must understand whose fault all of this is!

5 posted on 09/06/2007 10:12:08 AM PDT by gr8eman (Everybody is a rocket scientist...until launch day!)
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To: Alberta's Child

Agreed. Illegal aliens should never be granted bail.

For that matter, they should never receive Constitutional protection, either.


6 posted on 09/06/2007 10:14:07 AM PDT by Tex Pete
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To: Alberta's Child

Because they didn’t know/consider that he was illegal, or weren’t allowed to ask. That’s the REAL issue here.


7 posted on 09/06/2007 10:17:11 AM PDT by agrace
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To: SWAMPSNIPER
I suspect “the people of New Jersey” have exactly what they asked for, and are likely to ask for more of it.

Bingo.

L

8 posted on 09/06/2007 10:19:39 AM PDT by Lurker ( Comparing moderate islam to extremist islam is like comparing smallpox to ebola.)
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To: gr8eman

I blame the people of New Jersey, where else can you put the fault?


9 posted on 09/06/2007 10:31:10 AM PDT by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: SWAMPSNIPER
Not all of us happen to want the corruption & bs that goes on in my state just so you know. I surely wouldn’t have granted this jerk bail if he raped a child even if he is an illegal. Nor would I have given him bail as an illegal. There are many NJ people really angry over how this state is run. I am for tarring & feathering most of the mayors & the ex gay governor, senators etc. They tell us their bs & do just what they want IMO. Its just disgusting. But we live here & have jobs here. When I can I will leave this state but for now I am stuck ...many people are leaving as soon as they can & you can’t blame them.
10 posted on 09/06/2007 12:25:47 PM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: pandoraou812
Amen. Don't blame it on the conservatives. Spent 5 yrs in NJ, moved to Ohio three yrs ago. There are plenty of conservatives in NJ, a number of counties in NJ that went for Bush in both elections, including my previous home one (Somerset). Here's a 2004 county map with Bush counties in blue -

Newark, of course, where this horrific crime took place, is in a dem stronghold county (Essex), and went for Kerry by a whopping 70% - highest in the state. Second highest was Camden County at 62%. What's that tell you?

11 posted on 09/06/2007 12:52:35 PM PDT by agrace
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To: pandoraou812

What I can’t understand is people who get fed up and leave NY, NJ, etc, come down here and vote for exactly the same kind of shysters they ran from in the first place. Before long there will be no place left to run that isn’t corrupted. I have northern relatives, can’t even understand them!


12 posted on 09/06/2007 1:32:10 PM PDT by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: SWAMPSNIPER
I don’t know the answer to that. People that leave these areas ought to leave the shysters mentality behind.

He!! I can’t even figure out where to move to. I love living by the ocean. NJ isn’t all cities & nasty as people seem to think. There are some very nice areas & we do have mts, lakes and woods. Still some farms left too. Yes we do have some nasty cities just as most states do.

I think people here tend to want to believe the person they are voting for will have all the answers...I think they trust the people they vote for to do the right things. I don’t trust any of them anymore. Like the mayor where I live. He was such a beloved wonderful guy. Won over & over. I never liked him one bit. Now he is facing years in jail & people are saying oh he couldn’t have taken bribes etc. Well he did & then had the nerve to ask for his pension & health benefits! He was denied both and I think its fitting and maybe the 1st time I can say a weasel got what he deserved in my town.

13 posted on 09/06/2007 2:24:40 PM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: pandoraou812

All I want government to do is haul out the trash and leave me alone. The more you ask them to do for you the more they want to do to you.


14 posted on 09/06/2007 2:31:48 PM PDT by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: agrace

I wouldn’t set foot in Newark or Camden. I am still mad that the battleship & Aquarium are in Camden. Last time I went we took a ferry over from Philly rather then go into Camden. Maybe its changed. I hope so as it was pretty bad years ago. As you noted look at who they voted for & the crime rate in those counties. Shaking my head again..


15 posted on 09/06/2007 2:32:19 PM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: SWAMPSNIPER
I don’t even care about the trash so much. Down where we have a summer trailer you can burn most of it or haul it out yourself. Here in my town we have automated garbage trucks which bother me because they took away jobs. More tax money but in the end I am told it will save us money...My biggest issue is school. I just want them to stop trying to teach my child things that as the parent, I ought to tell her. I ought to be homeschooling. If my health was better I would. I am just sick of hearing this & that are needed so taxes must be raised etc. I could go on & on....
16 posted on 09/06/2007 2:40:20 PM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: pandoraou812

It will continue until a big bunch of parents get together, march on the school boards and raise Hell. The consequences may be daunting, but consider what the outcome will be if nothing is done. The liberals are well aware that most conservatives are not serious boat rockers.
Surprise them!
Many years ago the Florida legislature was considering a ban on semiauto firearms. Six of us locally made an appointment with our rep, marched into his office and told him, “pass this law, we will ignore it”. A few days later about 7000 of us showed up on the state capitol lawn, with the same message. You make no threats, just say you won’t comply. You cannot give in to fear, sometimes you’ve got to ask for a fight.
I’ve long been considered a rabble rouser, tellyawhat, maybe if I’d had more help I wouldn’t have needed to be so radical. If you are afraid of losing your job, or anything else other than your family, they’ve got you where they want you, and they control the future of your kids. If you can’t beat them there, you would be better off moving to a free state, and mowing grass for a living, rather than making big money and letting your kids be corrupted.


17 posted on 09/06/2007 3:44:19 PM PDT by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: SWAMPSNIPER

So true. If more parents got interested it would be way easier. There are a few of us who will state our minds but not as many as I would like to see. I have no problem getting up at those *$-# PTO meetings or the board of ED meetings and saying whatever is on my mind. They don’t like me too much either. Ever since I questioned the BOE members why their cell bill was so high I havn’t felt very liked (lol). I asked why they were spending thousands of dollars on cells when they were all in the same building & why they didn’t have a plan to talk for free to each other & if the cells were used for personal use. I think they just thought everyone would agree they had to have cells. Now I don’t mind the fact that they do but get the plan where you call each other for free, not spend our children’s money & our tax money gabbing. Last year was my first year in PTo & attending the BOE meetings. I can’t wait for the 1st one this year. I’ve got a notebook full of ideas.


18 posted on 09/06/2007 5:30:07 PM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: pandoraou812

We used to live in Bloomfield and my oldest has the dubious distinction of having been born in Newark. :) Poor thing. Then we moved to North Plainfield - a bit better. Went to the aquarium in Camden...once. It’s too bad because it’s a beautiful place in a sad, scary town.

It does make one shake one’s head over how they vote in those counties. You’d think they’d realize after a while that it’s all empty promises and pandering.


19 posted on 09/07/2007 5:17:44 AM PDT by agrace
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To: 3AngelaD
Both judges need brand new hempen neckties.
20 posted on 09/07/2007 5:20:02 AM PDT by Little Ray (Rudy Guiliani: If his wives can't trust him, why should we?)
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