IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
Plaintiff, )
)
v. )
Cr. A. No. 1811005093
)
JUAN RODRIGUEZ, )
)
Defendant. )
)
Date Submitted: December 8, 2020
Date Decided: March 30, 2021
Upon Defendant Juan Rodriguez’s Motion to Dismiss for Lack of Speedy Trial
DENIED.
Upon Defendant Juan Rodriguez’s Motion to Reduce Bail
DENIED.
ORDER
Renee Hrivnak, Esquire, Deputy Attorney General, Department of Justice,
Wilmington, Delaware, Attorney for the State.
Monika G. Germono, Esquire, Tiffany A. Anders, Esquire, and Tristan J. Karsnitz,
Esquire, Office of Defense Services, Wilmington, Delaware, Attorneys for
Defendant Juan Rodriguez.
SCOTT, J.
INTRODUCTION
Before the Court is Defendant Juan Rodriguez’s (“Mr. Rodriguez”), Motion
to Dismiss for Lack of Speedy Trial (the “Motion) and Motion to Reduce Bail
(collectively, the “Motions”). After reviewing the Motions, the State of Delaware’s
(the “State”) Response, and the law, both Motions are DENIED.
BACKGROUND
On November 20, 2018, Mr. Rodriguez was arrested and charged with one
count each of Assault First Degree, Possession of a Deadly Weapon During the
Commission of a Felony, Criminal Mischief, and Criminal Trespass Second Degree.
Mr. Rodriguez was incarcerated in default of bail.
On January 31, 2019, Mr. Rodriguez filed a motion to dismiss for lack of
indictment. On February 18, 2019, Mr. Rodriguez was indicted on the charges listed
above and one count of Harassment and one count of Possession of a Deadly
Weapon by a Person Prohibited (the “First Set of Charges”).
On July 15, 2019, at the final case review, this matter was scheduled for trial
on July 23, 2019. On July 16, 2019, Mr. Rodriguez filed a request to continue the
trial for one month so that his in-house expert could review medical records.
On September 16, 2019, Mr. Rodriguez was re-indicted and charged with the
above-mentioned charges; sixteen additional counts of Breach of Conditions of
Bond During Commitment, eighteen counts of Attempted Breach of Conditions of
1
Bond During Commitment; one count of Act of Intimidation; and one count of
Bribing a Witness (the “Second Set of Charges”).
On September 23, 2019, at the second final case review, this matter was once
again set for trial for October 8, 2019. On October 1, 2019, Mr. Rodriguez moved to
continue the trial to review discovery relating to the Second Set of Charges that the
State provided.
On October 8, 2019, at an office conference with counsel, this matter was
continued again and set for trial on June 22, 2020.
By mid-March of 2020, the Coronavirus had hit our shores and caused a great
strain on the economy, medical infrastructure, and society. The President of the
United States declared a national emergency under Section 501(b) of the Stafford
Act , the Governor for the State of Delaware closed all public schools, and on March
13, 2020, the Chief Justice of the Delaware Supreme Court declared a judicial
emergency which closed the courthouse to all but essential personnel and foreclosed
the availability of jury trials. Notably, the Chief Justice specifically ordered that “all
time requirements under the Speedy Trial Guidelines are hereby tolled.”1
The Chief Justice has extended the declaration of emergency numerous times
in light of the valid concerns of public health and safety due to the Coronavirus. On
1
Order Declaring A Judicial Emergency, Seitz, C.J. (Del. Mar. 13, 2020).
2
June 8, 2020, the Chief Justice again extended the declaration of emergency for an
additional 30 days, thus requiring Mr. Rodriguez’s June 22, 2020 trial to be
continued. Additionally, as with the previous Administrative Orders, the Chief
Justice again stated that the time requirements under the Speedy Trial Guidelines are
tolled.2
During this time, the Superior Court remained closed except for essential
personnel. Limited Court proceedings were being conducted using remote access,
which did not include trials.
STANDARD OF REVIEW
The right to a speedy trial guaranteed by the Sixth Amendment to the United
States Constitution and Article I, Section 7 of the Delaware Constitution protects not
only the defendant's interests, but those of the public, which “is entitled to no less
than such steady efforts to see that criminal justice should be swift and certain as
may be consistent with the demands of fair and orderly procedure.”3 Egregious delay
and the circumstances surrounding it can establish a violation of the right to a speedy
2
Administrative Order No. 7, In re: COVID-19 Precautionary Measures (Del. June
5, 2020).
3
United States v. Mann, 291 F.Supp. 268, 271 (S.D.N.Y.1968) (cited with
approval in Barker v. Wingo, 407 U.S. 514, 533 n. 36, 92 S. Ct. 2182, 33 L.Ed.2d
101 (1972)) (“For an example of how the speedy trial issue should be approached,
see Judge Frankel's excellent opinion in United States v. Mann, ....”).
3
trial under both the United States Constitution and the Delaware Constitution. 4 It is
well established that the only remedy for violation of the right to a speedy trial is
dismissal of the indictment.5
PARTIES’ ASSERTIONS
A. Mr. Rodriguez
First, Mr. Rodriguez argues that the Delaware Supreme Court Chief Justice
Seitz (“Chief Justice”) lacks the authority to toll or suspend Mr. Rodriguez’s
constitutional rights to a speedy trial under the Chief Justice’s Administrative
Orders, In: COVID-19 Precautionary Measures.
Second, Mr. Rodriguez contends that the application of the Barker test
requires this Court to dismiss Mr. Rodriguez’s case due to a violation of his right to
a speedy trial under Article I, Section 7 of the Delaware Constitution and the Sixth
Amendment of the United States Constitution.
4
Middlebrook v. State, 802 A.2d 268, 270 (Del. 2002) (citing Michigan v. Long,
463 U.S. 1032, 1041, 103 S. Ct. 3469, 77 L.Ed.2d 1201 (1983) (recognizing that
state law, if separate and independent from federal law, may provide an adequate
and independent ground for a state court's decision and that “[i]f the state court
decision indicates clearly and expressly that it is alternatively based on bona fide
separate, adequate, and independent [state law] grounds, we, of course, will not
undertake to review the decision”).
5
Id. (referencing Barker, 407 U.S. at 522, 92 S. Ct. 2182).
4
B. The State
First, the State disagrees with Mr. Rodriguez’s first argument and claims that,
under the Judicial Emergency Act, the Chief Justice has authority to declare a
judicial emergency. The State claims that this includes the authority to toll deadlines
and guidelines during a judicial emergency as well as to take actions he believes are
reasonably necessary to provide for continued operation of the courts.
Second, the State argues that Mr. Rodriguez’s right to a speedy trial has not
been violated under Barker v. Wingo.6
DISCUSSION
I. Supreme Court Chief Justice Authority
Under Section 2004 of the Judicial Emergency Act, the Chief Justice has the
authority to declare a judicial emergency when the Chief Justice determines that
emergency circumstances affect court facilities and the ability to staff court
facilities.7 10 Del. C. Section 2004 states in full:
§ 2004. Authority of Chief Justice to declare a judicial emergency; contents of order;
duration of order.
(a) The Chief Justice shall, in consultation with those other members of the
Supreme Court who are available, have the authority, by order, to declare a judicial
emergency when the Chief Justice determines that there are emergency
circumstances affecting 1 or more court facilities or the ability to staff 1 or more
court facilities. This determination shall be based upon emergency circumstances,
including but not limited to, terrorist events, enemy attack, sabotage, or other
hostile action or from disease, fire, flood, earthquake, accident, or other natural or
manmade causes resulting in the destruction of or severe damage to courthouses,
the ability to access courthouses, or the ability to staff courts.
6
Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182 (1972).
7
10 Del. C. §2004(a).
5
(b) The order declaring a judicial emergency shall specify:
1. The court or courts and facilities affected by the order;
2. The nature of the emergency necessitating the order;
3. The time period or duration of the judicial emergency; and
4. Any other information relevant to the suspension or restoration of
court operations, such as relocation of the court to another county or
extensions of deadlines.
(c) An order declaring the existence of a judicial emergency shall be limited to an
initial duration of not more than 30 days; provided, however, that the order may
be modified or extended for additional periods of 30 days each. Any modification
or extension of the initial order shall require information regarding the same
matters set forth in subsection (b) of this section for the issuance of the initial
order.
In declaring a judicial emergency, the Chief Justice has broad authority “to
take such actions the Chief Justice reasonably believes are necessary to provide for
the continued operation of the courts during a judicial emergency.”8 This authority
may be used “based upon emergency circumstances, including but not limited to,
terrorist events, enemy attack, sabotage, or other hostile action or from disease, fire,
flood, earthquake, accident, or other natural or manmade causes resulting in the
destruction of or severe damage to courthouses, the ability to access courthouses, or
the ability to staff courts.”9
At this time, the Coronavirus satisfies the “from disease”, “the ability to access
courthouses” and “the ability to staff courts” categories. Under the language of these
statutes, it appears that the Chief Justice is authorized to toll the Speedy Trial
8
10 Del. C. §2009.
9
10 Del. C. Section 2009
6
guidelines during the duration of a judicial emergency. Thus, the Court turns to the
Mr. Rodriguez’s Speedy Trial claim.
II. The Constitutional Right to a Speedy Trial
The Sixth Amendment to the United States Constitution guarantees to every
criminal defendant the right to a speedy trial. The Sixth Amendment states, in
pertinent part, that in all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial. The speedy trial clause of the Sixth Amendment is made
applicable to the States through the Due Process Clause of the Fourteenth
Amendment. Article I, Section 7 of the Delaware Constitution mirrors the Sixth
Amendment to the United States Constitution and likewise guarantees the
constitutional right to a speedy trial.
In Barker v. Wingo, the United States Supreme Court adopted a balancing test
to determine whether a defendant’s right to a speedy trial has been violated. The
Barker test weighs both the conduct of the prosecution and the defendant and
“compels courts to approach speedy trial cases on an ad hoc basis.”10 The Barker
test requires the Court to assess four factors in determining whether a particular
10
Barker, 407 U.S. at 530; see also Bailey v. State, 521 A.2d 1069, 1079 (Del.
1987) (“What constitutes a speedy trial varies depending upon the facts of the
individual case. To determine whether a speedy trial violation has occurred, a court
must use a balancing test in which the conduct of both the prosecution and
defendant are weighed.”).
7
defendant has been deprived of the right to a speedy trial: “(1) the length of the delay;
(2) the reason for the delay; (3) the defendant’s assertion of his right to a speedy
trial; and (4) the prejudice resulting to the defendant from the delay.”11 “None of the
four factors is ‘either a necessary or sufficient condition to the finding of a
deprivation of the right of speedy trial.”12 Instead, they “are related factors and must
be considered together with such other circumstances as may be relevant.”13 Thus,
courts must engage in a difficult and sensitive balancing process.14
1. Length of the Delay
The threshold question is the length of the delay.15 Unless there is some delay
which is presumptively prejudicial, there is no reason to review the other factors.16
The length of delay that “will provoke such an inquiry is necessarily dependent on
the particular circumstances.17 Generally, a delay in excess of one year between the
time the right to a speedy trial attaches and the defendant’s trial is presumptively
11
Middlebrook v. State, 802 A.2d 268, 273 (Del. 2002).
12
Middlebrook, 802 A.2d at 273.
13
Id.; see also Barker, 407 U.S. at 533, 92 S.Ct. 2182.
14
Middlebrook, 802 A.2d at 273; Barker, 407 U.S. at 533, 92 S.Ct. 2182.
15
Middlebrook, 802 A.2d at 273-274.
16
Skinner v. State, 575 A.2d 1108, 1115 (Del. 1990); see also Barker, 407 U.S. at
530, 92 S.Ct. 2182).
17
Middlebrook, 802 A.2d at 274.
8
prejudicial.18 The right to a speedy trial attaches at the time a defendant is accused
of a crime through arrest or indictment, whichever occurs first.19
Here, the length of the delay in this case is presently over one year. As of
March 30, 2021, roughly 861 days, or a little over two years and four months, have
elapsed. Since the delay in this case is presently over one year, this delay is
presumptively prejudicial and necessitates consideration of the remaining Barker
factors.20
2. Reason for the Delay
Different weights are assigned to different reasons for the delay.21 A deliberate
attempt to delay the trial in order to hamper the defense should be weighted heavily
against the State, while a more neutral reason such as negligence or overcrowded
courts should be weighted less heavily against the State.22 Valid reasons, such as a
missing witness, may justify appropriate delay and will not weigh against the State.23
18
Dabney v. State of Delaware, 953 A.2d 159, 164 (Del. 2008).
19
Middlebrook, 802 A.2d at 273 (citing United States v. Marion, 404 U.S. 307,
320, 92 S.Ct. 455, 30 L.Ed.2d 468 (1971) (“[I]t is readily understandable that it is
either a formal indictment or information or else the actual restraints imposed by
arrest and holding to answer a criminal charge that engage the particular
protections of the speedy trial provision of the Sixth Amendment.”)).
20
Dabney v. State of Delaware, 953 A.2d 159, 164 (Del. 2008); see also
Middlebrook, 802 A.2d at 273 (Del. 2002) (citing Barker, 407 U.S. at 530).
21
Middlebrook, 802 A.2d at 274; Barker, 407 U.S. at 531.
22
Id.
23
Id.
9
The responsibility for delays resulting from negligence, overcrowded courts,
or excessive caseloads on prosecutors properly lies with the State if only because the
defendant has no influence over the decisions necessary to reduce a backlog in the
courts or the caseloads of individual prosecutors.24 “Although negligence resulting
from overcrowded courts ‘is obviously to be weighed more lightly than a deliberate
intent to harm the accused's defense, it still falls on the wrong side of the divide
between acceptable and unacceptable reasons for delaying a criminal prosecution
once it has begun.’”25 Society has a particular interest in bringing swift prosecutions,
and society's representatives are the ones who should protect that interest.26
Mr. Rodriguez has suffered three primary delays that postponed his trial date.
While the most relevant delay is the one caused by COVID-19, the Court will
examine each delay.
On November 20, 2018, Mr. Rodriguez was arrested and his trial was set for
July 23, 2019. However, on July 15, 2019, Mr. Rodriguez requested and was later
granted a one month continuance to review discovery related to his First Set of
Charges. Since Mr. Rodriguez requested this continuance, this first delay weighs
against Mr. Rodriguez and in favor of the State.
24
Id.
25
Id. (citing Doggett, 505 U.S. at 657, 112 S.Ct. 2686).
26
Id. at 275 (citing Barker, 407 U.S. at 527, 92 S.Ct. 2182).
10
The Court then set Mr. Rodriguez’s second final case review for September
23, 2019. On September 23, 2019, at Mr. Rodriguez’s second final case review, his
trial was set for October 8, 2019. However, on October 1, 2019, Mr. Rodriguez
requested another continuance, but this time for four months, to review discovery
related to the Second Set of Charges in the September 16, 2019 re-indictment. On
October 8, 2019, at the office conference prior to trial, this Court granted Mr.
Rodriguez’s second continuance request and set Mr. Rodriguez’s trial for June 22,
2020. Since Mr. Rodriguez requested this continuance, this delay weighs against
Mr. Rodriguez, partly against the Court for scheduling issues, and in favor of the
State.
However, prior to Mr. Rodriguez’s June 22, 2020 trial, the Chief Justice tolled
the Speedy Trial Guidelines through his Administrative Order, effective on March
16, 2020, and has since provided monthly extensions of his Administrative Order.
The tolling of the Speedy Trial Guidelines continued to be renewed month after
month. Relevant here, the June renewal caused Mr. Rodriguez’s June 22, 2020 trial
to be continued. At this moment in time, Mr. Rodriguez has not been given a new
trial date because, until such time that criminal trials may be held safely by this
Court, the Court cannot conduct criminal trials.
Mr. Rodriguez argues that, in consideration of the unscheduled nature of his
trial, the continuing length of delay and the uncertainty as to when he may have his
11
trial requires the Court to find that this factor supports a finding of a speedy trial
violation.27 He claims that “the uncertainties inherent in pretrial detention are
multiplied as the Court has failed to provide defendant with a new court date.”28
“The Court’s current and continued inability to hold trials in a way that does
not put the public, the parties, court staff, and counsel at serious risk” is a good-faith
and reasonable justification for the delay in this matter.29 The Court’s decision to
take emergency health measures to limit the spread of the COVID-19 does not weigh
against the State.30 COVID-19 related public safety considerations in this case and
all other criminal cases in this Court that have been likewise affected by COVID-19,
such as the Court’s inability to safely conduct a jury trial, is a good-faith and
reasonable justification that justifies the delay.31 There is no attempt here to delay
Mr. Rodriguez’s trial insofar as to hamper his defense, gain some tactical advantage,
or harass Mr. Rodriguez.32
In sum, the first two delays are attributable to Mr. Rodriguez and the last delay
is neutral and attributable to neither Mr. Rodriguez, the State, nor the Court. Without
27
Def.’s Mot. at p. 11.
28
Id.
29
United States v. Smith, 2020 WL 6063292, at *5 (E.D. Cal. 2020).
30
Harris v. State, 956 A.2d 1273, 1276 (Del. 2008) (“[A] valid reason may justify
appropriate delay and will not weigh against the state at all.”).
31
Id.
32
See Barker, 407 U.S. at 531 n. 32, 92 S. Ct. 2182.
12
some delay attributable to the State or the Court, this factor weighs against Mr.
Rodriguez and in favor of the State.
3. Defendant’s Assertion of his Right to a Speedy Trial
“If and when a defendant asserts his rights are factors of considerable
significance in determining whether there has been a speedy trial violation.”33 The
“failure to assert the right will make it difficult for a defendant to prove that he was
denied a speedy trial.”34 This factor has been satisfied because Mr. Rodriguez,
through his Motion, has asserted his right to a speedy trial.35
4. Prejudice to the Defendant
Last, “the prejudice prong should be considered in light of three of defendants'
interests that the speedy trial right was designed to protect: (1) preventing oppressive
pretrial incarceration; (2) minimizing the anxiety and concern of the accused; and
(3) limiting the possibility that the defense will be impaired.”36 Mr. Rodriguez makes
arguments as to “preventing oppressive pretrial incarceration” and “minimizing the
anxiety and concern of the accused,” but does not assert a claim that there exists a
“possibility that his defense will be impaired.”
33
Middlebrook, 802 A.2d at 275 (citing Bailey, 521 A.2d at 1082).
34
Middlebrook, 802 A.2d at 275 (citing Barker, 407 U.S. at 532, 92 S. Ct. 2182).
35
Def.’s Mot. at p. 11.
36
Middlebrook, 802 A.2d at 276 (referencing Barker, 407 U.S. at 532, 92 S.Ct.
2182.).
13
As to the first and second interest, “some degree of oppression and anxiety is
inherent for every defendant who is jailed while awaiting trial.”37 Surely
Middlebrook does not stand for the premise that this subprong is satisfied in every
circumstance. If so, the very purpose of having this requirement would have no
weight attached to it. Therefore, this factor should be weighed in defendant’s favor
only where the pretrial incarceration or the anxiety suffered is undue or otherwise
disproportionate.38 Moreover, it should be a defendant’s burden to demonstrate and
substantiate any undue or otherwise disproportionate oppressive pretrial
incarceration and anxiety.39
Mr. Rodriguez argues his pretrial detention is oppressive because of the
magnified health and safety issues present in detention facilities during the current
COVID-19 pandemic. Mr. Rodriguez also argues that the uncertainty of when jury
trials will resume and that these charges have “hung over his head for approximately
2 years” have created unique levels of anxiety for him. Mr. Rodriguez’s rationale
here does not rise to the level of undue oppression and anxiety.
COVID-19 has jarred and continues to jar the world. However, Delaware
government officials have designed COVID-19 protocols to protect incarcerated
37
See State v. Garza, 146 N.M. 499, 510, 212 P.3d 387, 398 (¶ 35).
38
Id.
39
Id. at ¶¶ 35, 39-40.
14
inmates within the State’s correctional institutions. The Delaware Department of
Corrections (“DOC”), for instance, has taken aggressive steps to prevent or
minimize the spread of COVID-19 within the prison system since the beginning of
the pandemic. The Department of Corrections “continues to employ a variety of
prevention, screening, cleaning and containment measures to guard against the
introduction and spread of COVID-19, including:
• All persons, including Officers, administrative staff and probationers who
enter any Level V prison, Level IV violation of probation or work release
center, or Probation and Parole Office are screened for COVID-19,
including a series of questions and a forehead temperature check with a
thermometer.
• Staff who present with symptoms are sent home to self-quarantine and
directed to contact their health care provider.
• Newly arriving inmates are held in isolation for the first 14 days, during
which time they are carefully monitored, including daily temperature
checks with a thermometer.
• DOC has implemented extra daily cleanings of DOC facilities and is using
specialized fogging machines to disinfect entire rooms of common areas,
housing units and workspaces.
• Face masks are being worn by Correctional Officers and contract
healthcare workers as a protection for inmates, Officers and other
employees.
• Face masks have been provided to every inmate at all Level V prisons and
Level IV work release and violation of probation facilities statewide.
• Voluntary COVID-19 testing is being offered to all correctional staff and medical
personnel at every DOC facility.”40
40
News Release, Delaware Department of Correction, Commissioner Claire
DeMatteis (Nov. 20, 2020).
15
Moreover, the Court is not convinced that Mr. Rodriguez’s pretrial detention
is unduly oppressive or that his anxiety is disproportionate because of COVID-19.
Mr. Rodriguez has not raised any underlying health issues that make him
disproportionately at risk under these circumstances. Additionally, most, if not all,
incarcerated defendants in default of bail are incurring anxiety due to the ongoing
pandemic. Mr. Rodriguez is not alone in incurring anxiety related to COVID-19 and
the effect it has had on trial dates. The COVID-19 pandemic has instilled fear and
anxiety for the vast majority of the American population. In short, Mr. Rodriguez’s
anxiety and pretrial incarceration, due to the delays in conducting a jury trial due to
the COVID-19 pandemic, does not appear to rise to the level of undue or
disproportionate.
The last interest aims at “limiting the possibility that the defense will be
impaired” due to the delays in any particular case. This form of prejudice, while not
the only type recognized by the Sixth Amendment, is the most serious ... because the
inability of a defendant to adequately prepare his case skews the fairness of the entire
system.41 The Court’s determination as to “whether the delay has hurt the defense
… is not a point to be resolved with mathematical certainty.”42 Insubstantial,
41
Middlebrook, 802 A.2d at 277 (citing Barker, 407 U.S. at 532, 92 S.Ct. 2182).
42
Middlebrook, 802 A.2d at 277; see also U.S. v. Mann, 291 F.Supp. 268, 273.
16
speculative, or premature claims of possible prejudice will not suffice.43 Certain
factors, such as specific evidence or witnesses having disappeared or lost,44 are
relevant in the Court’s determination as to the possibility of whether the defense will
be impaired due to the delays in any particular case.45
Mr. Rodriguez makes no arguments as to whether his defense will be in any
way impaired by the delay attributable to the onslaught of the COVID-19 pandemic.
Thus, this subfactor weighs against Mr. Rodriguez. There is no evidence that Mr.
Rodriguez’s defense is in any way impaired.
After careful consideration of the Middlebrook factors pertaining to prejudice,
Mr. Rodriguez’s delay in having a trial due to the onslaught of COVID-19 does not
constitute “prejudice” within the meaning of the term under Barker or
Middlebrook.46Moreover, in balancing the remaining Barker factors with the facts
of this case, the Court will not dismiss this case because Mr. Rodriguez’s right to a
speedy trial has not been violated. The only factor that favors Mr. Rodriguez is the
length of the delay. The remaining factors are primarily neutral or otherwise favor
43
U.S. v. Ewell, 383 U.S. 116, 122, 86 S.Ct. 773, 777 (1966) (“the appellees' claim
of possible prejudice in defending themselves is insubstantial, speculative and
premature. They mention no specific evidence which has actually disappeared or
has been lost, no witnesses who are known to have disappeared.”).
44
Id.
45
Middlebrook, 802 A.2d at 277 (citing Barker, 407 U.S. at 532).
46
See State v. Duonnolo, 2020 WL 2467077, at *7.
17
the State. As such, dismissal of Mr. Rodriguez’s case, a drastic measure under these
circumstances, is not warranted.
III. Mr. Rodriguez’s Request to Modify Bail
In his Motion, in the event that this Court denies his Motion to Dismiss for a
Lack of Speedy Trial, Mr. Rodriguez alternatively requests that the Court modify
the conditions of his bail and release him while awaiting his trial date. This is not
Mr. Rodriguez’s first request to modify the conditions of his bail. In March 2019,
this Court previously denied his request to reduce bail.
Mr. Rodriguez cites an article from March 2020 that suggests low-level and
non-violent offenders should be released because the federal prison system is
unprepared due to a lack of staffing and proper protective equipment. Mr. Rodriguez
is most certainly not dealing with charges associated with a low-level and non-
violent offender. The charges Mr. Rodriguez faces are: Assault First Degree,
Possession of a Deadly Weapon During the Commission of a Felony, Criminal
Mischief, and Criminal Trespass Second Degree, sixteen additional counts of Breach
of Conditions of Bond During Commitment, eighteen counts of Attempted Breach
of Conditions of Bond During Commitment; one count of Act of Intimidation; and
one count of Bribing a Witness. Mr. Rodriguez’s argument here fails.
Moreover, Mr. Rodriguez is facing a significant amount of minimum
mandatory Level 5 incarceration time if he is convicted of the crimes he is charged
18
with and declared a habitual offender. If convicted of all pending charges and
sentenced as a habitual offender, Mr. Rodriguez faces a mandatory minimum of 50
years and up to forty life sentences, plus one year and sixty days.
Last, Mr. Rodriguez has shown continuous disregard of this Court’s prior
Orders. Mr. Rodriguez was ordered to have no contact with the victims, and yet he
is now accused of breaching these conditions and accused of attempting to intimidate
and bribe the victims in this case. Mr. Rodriguez has failed to appear when required
to do so and this Court has had to issue no fewer than eighteen capiases in the past.
With the severity of the nature of the crimes Mr. Rodriguez is accused of, the length
of minimum mandatory Level 5 incarceration time Mr. Rodriguez may incur if
convicted on all charges, and the history of Mr. Rodriguez’s non-compliance with
this Court’s Orders, the bail set is appropriate.
CONCLUSION
For the forgoing reasons, Mr. Rodriguez’s Motion to Dismiss for Lack of
Speedy Trial is DENIED and Mr. Rodriguez’s Motion to Reduce Bail is DENIED.
IT IS SO ORDERED.
/s/ Calvin L. Scott
The Honorable Calvin L. Scott, Jr.
19