Aiexpress – Currently, defendants in Colorado who are charged with first-degree murder have the right to post bail. However, there is a new bill that has been introduced in the Colorado House of Representatives aiming to change this and make first-degree murder a non-bailable offense. The sponsors and supporters of this bill are hopeful that it will pass and become law.
After the People v. Smith case in June 2023, the Colorado Supreme Court decided unanimously that anyone charged with first-degree murder after July 1, 2020 must have the right to bail because the state no longer had the death penalty.
After this ruling, defendants who were previously being held on no bond started having bail hearings appear on court dockets. This was seen as an unintended consequence by several lawmakers. As a result, in the past year, we have witnessed the imposition of exorbitant bonds. Some examples of these sky-high bonds include:
- A 19-year-old charged with five counts of murder in connection with a 2020 house fire that killed a Senegalese family in Green Valley Ranch ( he has since pleaded guilty ) had bond set at $10 million cash-only
- An Aurora dentist accused of poisoning and killing his wife in March had bond set at $10 million cash-only
- An Arapahoe County man accused of shooting and killing a mother outside a home one day before their divorce was to be finalized had bond set at $100 million cash-only
House Bill 24-1225, titled “First Degree Murder Bail & Jury Selection Statute,” enjoys support from both sides of the aisle. According to the bill, although everyone has the right to bail, there are specific exemptions for individuals facing capital offenses. It is important to note that Colorado no longer has capital punishment due to the repeal of the death penalty; however, this language remains in the statutes. The bill, introduced on February 8, seeks to include first-degree murder cases where there is clear evidence or a strong presumption of guilt to the list of exceptions.
It was introduced alongside House Concurrent Resolution 24-1002, or HCR24-1002 for short, which would refer a constitutional amendment to Colorado voters that would make an exception to the right to bail in cases where a defendant is charged with first-degree murder and the evidence is clear or the presumption is strong.
Both HB24-1225 and HCR24-1002 passed the judicial hearing on Wednesday afternoon with an 8-2 vote.
It will now travel to the floor of the Colorado House of Representatives and, if passed, to the Colorado Senate. If the law succeeds, voters will be asked to decide whether first-degree murder should become a non-bailable charge in November 2024.
Several district attorneys from throughout the state testified in support of the bill at the meeting on Wednesday. Travis Sides, district attorney for the 13th Judicial District, stated that the most common fear he receives from victims’ families is whether or not a defendant will be released from jail.
Should first-degree murder suspects have a right to bond in Colorado?
According to Brian Mason, the district attorney of the 17th Judicial District, his jurisdiction is currently handling over 30 first-degree murder cases. He further highlighted that one of these cases involved a defendant who was able to post a $500,000 bond.
“He’s currently out, despite facing a sentence of life without the chance of parole,” he stated.
Courtenay Whitelaw, the mother of Riley Whitelaw, who was brutally killed by a coworker in Colorado Springs in June 2022, also expressed her support for the bill. She testified that this loophole, which she called “a gaping wound,” needed to be closed. She claimed she felt her daughter pressing her to testify at Wednesday’s session.
According to Whitelaw, the person responsible for her daughter’s case, who has already been found guilty, was detained without bail following his arrest in 2022. On June 21, 2023, shortly after the Colorado Supreme Court’s decision, a prosecutor informed her that the defendant would be having a bail hearing.
“I never saw this coming,” she admitted, her voice filled with surprise and disbelief.
The judge decided to set bail at $10 million.
“It still felt wrong that bond was even available to this killer, regardless of the amount,” expressed Whitelaw.
In October 2023, the jury reached a verdict of guilty for the defendant.
“I hope you give Coloradans the opportunity to decide at the ballot,” she concluded during her testimony.
The bill received unanimous support as no one voiced any opposition to it.
The primary sponsors of the bill are Representative Monica Duran, a Democrat from Jefferson County, House Minority Leader Representative Mike Lynch, a Republican from Larimer and Weld counties, Senator Rhonda Fields, a Democrat from Aurora, and Senator Bob Gardner, a Republican from El Paso and Teller counties.
According to Sen. Fields, Coloradans are seeking a fair system, and this bill aims to provide exactly that. She emphasized the significance of no-bail offenses, particularly in cases where the evidence is clear and the presumption of guilt is substantial.
According to Fields, despite the recent setting of million-dollar bonds for first-degree murder charges, there are still individuals who possess the financial resources to secure their release through bail.
Liberties vs. Safety: Should First-Degree Murder Suspects Have the Right to Bond in Colorado?
The question of whether first-degree murder suspects should have the right to bond in Colorado raises important concerns about the balance between individual liberties and public safety. While the presumption of innocence is a fundamental principle of our justice system, it is also crucial to ensure the protection of society from potential harm.
In Colorado, first-degree murder is the most serious charge, carrying severe penalties, including life imprisonment without parole or even the death penalty. Given the gravity of this offense, some argue that suspects should be held without bond to prevent them from posing any further risk to the community. This approach prioritizes public safety and aims to minimize the chances of a potential repeat offense or flight.
On the other hand, proponents of granting bond to first-degree murder suspects emphasize the importance of upholding the principle of innocent until proven guilty. They argue that denying bond infringes upon the suspect’s rights and can lead to prolonged pretrial detention, which may have adverse effects on their mental health and overall well-being. Additionally, they contend that the risk of flight or re-offense can be mitigated through stringent conditions, such as electronic monitoring or regular check-ins with law enforcement.
The debate surrounding this issue is complex and multifaceted. It requires a careful examination of individual rights, public safety, and the potential impact on the criminal justice system. While the decision ultimately rests with lawmakers and the judicial system, it is essential that these considerations are thoroughly explored to ensure a fair and balanced approach that upholds both the principles of justice and the protection of society.
Sen. Gardner, who is also a sponsor, stated that there is a bipartisan effort to amend the state constitution in order to reinstate first-degree murder as an offense that is not eligible for bail.
The proposed change aims to replace the term “capital crime” with “first-degree murder,” as explained by the speaker. The implementation of this change is detailed in HB24-1225.
Families are devastated upon discovering that the accused, who is believed to have taken the life of their beloved, is now eligible for bail, he stated.
He continued, expressing his concern for the victims who would have previously been assured that the person responsible for their harm would remain in the county jail until their trial.
Gardner expressed his confidence in the fact that Colorado voters will be willing to amend this language in the constitution if given the opportunity in November.
According to the representative, this particular issue enjoys significant bipartisan support among the few matters being discussed during this session. He confidently predicts that it will pass with overwhelming bipartisan support and be included on the November ballot. The only hurdle is that it needs to be approved by a popular vote since it involves making changes to the constitution. However, he anticipates that by early next year, the current situation will no longer be a concern.
