Is Amarillo's Bail System Unconstitutional?

(Note to reader:  All names of sources have been withheld out of a very real fear of retaliation.  More information at the end of the article)

Recent rulings by Federal Courts have held that the bail systems of Harris and Dallas Counties in Texas are unconstitutional.  The Harris County ruling has been largely upheld by the Appeals court.

The rulings come down to this:  Courts MUST take a defendant's financial condition into account when setting bail.  Set bail amounts for all defendants without regard to financial condition are unconstitutional.

According to a local attorney, " I agree that the current system is discriminatory against the poor. They stay in jail longer, they are less likely to get a plea, or if they do get a plea it is generally not as good as a defendant who is not in jail. They also are less likely to be able to afford an attorney, even a public defender. So they don't necessarily get as good representation."

The issues with public defenders in Amarillo is beyond the scope of this article.

When asked if there are set bail amounts for specific charges, which has been ruled unconstitutional, the attorney replied, "Not officially."

However, in two recent cases of arrest, the defendant was asked if their financial condition was taken into account when bail was set.  In both cases, the answer was no.  Bail amounts were pre-set.

But the problem gets even worse.  The City of Amarillo is situated across two counties, Potter and Randall County.  The same attorney quoted earlier stated, " the difference between the bond amounts in Potter County and Randall County can be striking. The same charge against a similarly situated defendant could be higher by a factor of 10 in many cases. It does seem to be fairly arbitrary which is a serious problem in my view.

In a striking example of the latter issue raised by the attorney, compare the cases of two chiropractors arrested in two counties.  In Potter County, Terry Fleetwood was arrested in 2009 after he sexually assaulted his long-time girlfriend and then physically assaulted her to the point where her life was in danger.  Fleetwood denied the allegations but was convicted and died in prison.  According to reports published at the time, his bail was $10,000.

In 2011, Eric Yarbrough was arrested in Randall County on suspicion of molesting underage patients.  Yarbrough admitted his guilt. Yarbrough's bail?  $350,000.

In the first instance, according to a relative of the victim, the bail was inordinately low because the judge was a friend of the accused.  This raises an entirely new set of issues which are beyond the scope of this article.

Potter County Judge Nancy Tanner and Potter County Commissioners H. R. Kelly, Mercy Murguia, Leon Church, and Aphonso Vaughn did not respond to requests for comment regarding the constitutionality of Potter County's bail system.

(Additional note to readers regarding threat of retaliation:  As personally experienced by the publisher of www.amarilloexposed.com, the threat of retaliation by court employees and/or their relatives and/or their supporters is very real.  For an example of how even the mildest slight of a judge can lead to threats and retaliation, read the comment left by "Mason" in the comments section of this blog post at Simple Justice.)

(To tipsters:  Apparently there are many issues residents have with the "justice" system in Amarillo.  The issues appear to be vast and multi-faceted.  Keep those tips coming.)