Judge says court not bound by bail schedule

The Superior Court is not bound by a general order or bail schedule, which contains the listing of bail amounts for misdemeanor and felony offenses, according to Judge David A Wiseman.

Wiseman said the general order or bail schedule is only a guideline used in situations where the court lacks access to all relevant information and must rely solely on affidavits and police reports.

Wiseman discussed the bail schedule issue in his written order yesterday that granted defendant Ambrosio T. Ogumoro’s motion for bail modification.

“The court exercised its discretion and determined that the following terms and conditions would be sufficient to reasonably assure the appearance of defendant [Ogumoro] as required and to mitigate any threat of danger to the community or to the alleged victim,” the judge said.

For the defendant’s temporary release, Wiseman set a $100,000 bond with a 10 percent cash deposit and the balance of $90,000 to be secured by property; a curfew from 8pm to 6am; an order to stay away from all seaports and airports, and an order to obey all CNMI laws, among other conditions.

Police arrested Ogumoro on allegations he beat up his wife and for illegal possession of a firearm and ammunitions.

Ogumoro allegedly threatened he would kill Gov. Benigno R. Fitial and blow up the Department of Public Safety.

This had prompted the Superior Court to initially impose a $1 million cash bail for Ogumoro, who is the DPS range master.

The defendant, through counsel Edward Manibusan, presented on Feb. 14, 2006 an appraisal showing value of a property as $1.1 million. He also presented a title report showing him as the owner of the land.

The court did not sign the release for the defendant after finding that spousal consent was not provided.

On the following day, Ogumoro moved again for bail modification. The Attorney General’s Office opposed.

The defendant asserted that the court is bound by a general order or bail schedule which states that cash bail should be set in the amount of $1,000 for the assault and battery, and $5,000 for each weapon violation charge for a total of $11,000.

Ogumoro is charged with one count of assault and battery, one count of illegal possession of a firearm, and one count of illegal possession of ammunitions.

But Wiseman ruled that the general order or bail schedule is not mandatory and does not limit the court’s discretion to alter the terms and conditions of pretrial release imposed after a probable cause determination.

Wiseman said the bail schedule provides for bail during the time prior to a defendant’s initial court appearance and is based solely on the nature of the charge.

“The process that permits the consideration of all relevant factors inherent in a bail determination is not present as part of the said bail schedule,” he said.

Due process considerations, Wiseman noted, require a bail determination by the court to be individualized, supported by sound reasons and evidence and, if necessary, subject to a prompt appeal.

“It is this court’s position that the use of bail schedules negates the individuality of the release decision; however they do serve a limited purpose at the time of arrest and before a defendant is brought to court,” he said.

However, the judge added, bail schedules are instituted in an effort to speed the release decision and rely only on the nature of the offense charged and do not consider other factors more relevant to the probability of appearance or potential danger to the community.

“Accordingly, the court finds that it has the discretion to modify the bail order entered on Feb. 13, 2006, and thereby permit defendant to be released on a $100,000 secured appearance bond and other conditions which will aid in ensuring the presence of the accused in the future and prevent any danger to the community or to an individual,” Wiseman said.