https://nypost.com/2020/01/28/...f-menace-to-society/

A Long Island judge intentionally ignored the state’s controversial bail-reform law and refused to release a “menace to society” accused of robbing two banks while awaiting sentencing in federal court, The Post has learned.

But the principled stand taken by Nassau County District Court Judge David McAndrews was short-lived, as a higher-level judge promptly reversed his order and released Romell Nellis with an ankle monitor — only to have him cut it off and disappear.

Nellis, 40, was busted Jan. 8 in a pair of bank heists in which he allegedly gave tellers notes that threatened, “I have a gun!” and demanded “$100s, 50s & 20s.”

The homeless ex-con made off with a total haul of nearly $9,500 from the capers in West Hempstead and Valley Stream, which took place on Dec. 17 and 30, respectively, court papers allege.

At the time of the robberies, Nellis was facing sentencing in Central Islip federal court after admitting that he violated his supervised release in a crack-trafficking case from 2012, for which he served a seven-year prison term.

He was initially scheduled to be sentenced on Dec. 16, but his court-appointed lawyer got the proceeding postponed until March 24 because Nellis was “scheduled to enter into an in-patient drug treatment program,” court records show.

When Nellis was hauled in front of McAndrews one day after his arrest in the bank jobs, the judge acknowledged the fact that the third-degree robbery charges were covered by the law that went into effect on Jan. 1.

It mandates the release without bail of most defendants charged with misdemeanors or non-violent felonies.

Nonetheless, McAndrews ordered that Nellis be locked up unless he posted $10,000 cash or $20,000 bond.

“Although under [Section] 510.10, this does not qualify as a bondable or bail offense, I find this defendant to be a menace to society,” Andrews said.

When Legal Aid lawyer Diane Clarke argued that “there are no allegations there was an actual gun used,” McAndrews — a Republican who’s served on the bench since 2010 — rejected that argument without apology.

“I don’t want you walking around my neighborhood,” the judge told Nellis.

Clarke appealed McAndrews’ move to Nassau County Judge Christopher Quinn, who followed the law and issued an order that released Nellis without bail pending his fitting with a GPS tracking device and another court appearance on Jan. 13, the Nassau County District Attorney’s Office said.

But while Nellis was outfitted with the gadget, he failed to show up in court or at a follow-up hearing Jan. 15, when prosecutor Jed Painter said that “we received a strap notification that he cut off his bracelet two days ago,” according to an official transcript.

State Supreme Court Justice Meryl Berkowitz issued a warrant for Nellis’ arrest, but he’s still on the lam, according to cops.

“He’s out there, somewhere, able to commit another crime,” Nassau Police Commissioner Patrick Ryder said.

“It’s insane, when you think who we’re letting out of jail. It has nothing to do with justice reform.”

Ryder added: “We’re not protecting the victims and we’ve swung the pendulum way too far.”

McAndrews wouldn’t discuss Nellis’ case, but smiled before telling The Post, “You know I can’t comment.”

Nellis’ federal defense lawyer, Jeffrey Pittell, declined to comment.

It will be interesting to see what happens when one of these criminal releasee's murder someone while awaiting their hearing. The democrat politicians in New York are a real cancer to their state and America in general.....All while disarming the residents of New York. These people should be in the streets with pitch forks and rakes protesting. At some point all hell is going to break out around the country and God help the democrats! Both the democrat politicians and the morons that voted for them!

Legal Aid lawyer Diane Clarke should be made to find him.

This is what happens when liberal idiots take control. Could you imagine if the dems did this with the rest of the country, all the while taking away guns from the law-abiding? It defies reason, but I know, I know.

quote:

Originally posted by Cousin Vinnie:
It will be interesting to see what happens when one of these criminal releasee's murder someone...

Since it is statistically improbable that one of these criminals would murder either a politician or a judge, it won't matter. The lives of little people are of no consequence to our wise overlords in government.

This situation is totally FUBAR.

quote:

At the time of the robberies, Nellis was facing sentencing in Central Islip federal court after admitting that he violated his supervised release in a crack-trafficking case from 2012, for which he served a seven-year prison term.

If he admitted to violating supervised release in a federal case, why was he roaming free and able to catch these additional cases in the first place?

Then there's the issue of bad laws leading (presumably) good citizens to become law breakers. While Judge McAndrews certainly acted with the spirit of the law in mind, he just as certainly violated the letter of the law. "I don't want you walking around my neighborhood," is not a valid reason for a judge to ignore a valid law, no matter how illogical and insane that law may be.

As easy as it would be to castigate Judge Quinn for subsequently releasing Nellis on appeal, he did follow the law as written.

The correct way to remedy this would be to go after legislators and elected prosecuting attorneys who vote for and support laws such as this at the ballot box.

quote:

But the principled stand taken by Nassau County District Court Judge David McAndrews was short-lived, as a higher-level judge promptly reversed his order and released Romell Nellis with an ankle monitor — only to have him cut it off and disappear.

Well, it was the law, so … The second judge was only following it. That doesn't make it right, of course.

They should release them right in the middle of the neighborhoods where the nutjob politicians that wrote those laws live.

One missing fact in this story...

Where is the $9,500 he got from the banks?

I'm wondering if this was recovered or if he had stashed it somewhere and then went and got it and is headed west or south.

This could be much reduced in occurrence if "someone" is going to jail until trial. This "someone" could be the bondsman or better yet, the suspects lawyer. I feel there would be far fewer releases into the wild of these folks that are a risk to flee if there is accountability of the whereabouts of the charged party.

Suspects accused of running $7M fentanyl ring released without bail

https://nypost.com/2020/01/29/...leased-without-bail/

Six suspected drug dealers who are accused of running a $7 million fentanyl distribution operation out of a Bronx apartment were released without bail under the state’s new criminal justice law early Wednesday.

The suspects — Livo Valdez, Jaslin Baldera, Frederick Baldera, Frandi Ledema, Diego Tejada and Parfraimy Antonio — were arrested Monday when officers with the New York Drug Enforcement Task Force raided an apartment on Sedgwick Avenue in Kingsbridge that was allegedly used as a heroin and fentanyl packaging mill.

They were each charged with criminal possession of a controlled substance and criminally using drug paraphernalia.

When officers on the task force entered the apartment, they saw the six suspects bundling powder-filled glassine envelopes stamped with the word “fire,” the special narcotics prosecutor said in a press release.

Hundreds of thousands of the envelopes packed with the powder were spread across two tables and overflowing from boxes in the apartment, authorities said.

The drugs, which have a street value of about $7 million, were believed to be headed onto the streets of New York and New England, the prosecutor’s office said. Lab results on the drugs were pending Wednesday morning.

Despite the volume of the drugs seized, all six suspects were cut loose at their arraignments in Manhattan Criminal Court on Wednesday morning.

“None of the defendants are eligible for bail,” Assistant District Attorney Michael Di Paolo said in the court hearing.

The judge ordered them to turn over their passports, as a number of them have connections to the Dominican Republic. They’re all due back in court Feb. 27.

Their lawyers argued none of the defendants have criminal records and noted family members of the suspects turned up for their arraignments.

Supporters in court early Wednesday waved their hands in celebration as the six suspects walked out.