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davidn3600

(6,342 posts)
Sat Sep 14, 2013, 03:38 PM Sep 2013

Wife who pushed husband off cliff is released pending trial, without bond!

U.S. Magistrate Judge Jeremiah C. Lynch on Thursday freed Graham from jail without requiring her to post bond, provided she follow his conditions. These include wearing an electronic monitoring device while under her parents' supervision at their Kalispell home.

Federal prosecutors argued at a hearing on Wednesday in U.S. District Court in Missoula that Graham should be jailed until trial because she had sent text messages that suggested she was possibly suicidal, according to legal documents.

Lynch on Thursday sided with Graham's public defenders, who previously contended that their client met key conditions that favored her release in that she was neither a flight risk nor a danger to the community.

Lynch said he was ordering mental health treatment for Graham "to alleviate any risk that she might harm herself."


http://usnews.nbcnews.com/_news/2013/09/13/20472899-newlywed-accused-of-pushing-husband-off-cliff-is-freed-ahead-of-trial?lite&lite=obinsite

Now...Im just wondering as I am sure many people are, if a man murders his wife during a domestic dispute, he's going to get equal treatment by the federal courts and get released without bond too, right?
46 replies = new reply since forum marked as read
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Wife who pushed husband off cliff is released pending trial, without bond! (Original Post) davidn3600 Sep 2013 OP
If the man in question is not deemed a flight risk nor risk to others, he would. hlthe2b Sep 2013 #1
lmao TeamPooka Sep 2013 #2
What chance does a man have of being given that designation? davidn3600 Sep 2013 #4
Oh Bullshit... I do know that courts continue to make it difficullt to gain/enforce hlthe2b Sep 2013 #6
You know...I think you are correct on that point. Safetykitten Sep 2013 #17
LMAO - the man was the victim - A WOMAN COMMITTED THE CRIME FreakinDJ Sep 2013 #8
Bullshit.... absolute bullshit. Men in similar situation set bail routinely and YOU know it hlthe2b Sep 2013 #9
"Thou doest protest too much" - even you know the extreme gender bias FreakinDJ Sep 2013 #11
what an idiotic reply... hlthe2b Sep 2013 #14
Oh, and if only BainsBane Sep 2013 #40
She had to post no bail at all. LisaL Sep 2013 #13
I don't agree with it, but to say she got it because she was female (as some are)? Give me a break. hlthe2b Sep 2013 #15
Bullshit. Studies prove there is gender bias in favor of women in the federal system davidn3600 Sep 2013 #16
In domestic violence cases, the opposite is true at every level and you know that. hlthe2b Sep 2013 #19
Really? No bail for any murder charge? So much for innocent until proven guilty. n-t Logical Sep 2013 #23
I meant none should get bail on their own recognizance, rather than cash bond... hlthe2b Sep 2013 #25
Well, that means poor people stay in jail and rich people don't. n-t Logical Sep 2013 #26
I believe in a sliding scale for that, as well... hlthe2b Sep 2013 #27
Post removed Post removed Sep 2013 #37
The sentencing should be very interesting.... davidn3600 Sep 2013 #35
I don't know... If she is found guilty and not punished, I'd agree with you, but as to a decision on hlthe2b Sep 2013 #38
You're right. And she is not a "risk to others" in that she is unlikely to remarry at the present. AnotherMcIntosh Sep 2013 #24
Outrageous. Reversed the genders, and the man would get no bail 99.99% of the time. TransitJohn Sep 2013 #3
Have pity...she's a widow! brooklynite Sep 2013 #5
That she is. LisaL Sep 2013 #10
I seriously doubt a guy would have been let out like that. HappyMe Sep 2013 #7
She stood her ground, he was the flight risk. TheCowsCameHome Sep 2013 #12
Flight Risk? The guy was pushed off a cliff! demwing Sep 2013 #18
Ummmmm..... Probably. nt Buns_of_Fire Sep 2013 #20
I thought it Warren DeMontague Sep 2013 #43
Famous case: Michael Peterson convicted of murdering his wife during domestic dispute alcibiades_mystery Sep 2013 #21
He was released on NO BOND? n-t Logical Sep 2013 #22
He was on $300,000 bond. This woman was released without any bond at all!! davidn3600 Sep 2013 #30
Indeed mzmolly Sep 2013 #42
A local man was accused of 2 counts of assault with a deadly weapon WolverineDG Sep 2013 #28
Nope, I violated the US Bankruptcy law gopiscrap Sep 2013 #29
One case does not indicate a pattern of discrimination, but it's troubling. stevenleser Sep 2013 #31
Only someone who is found an actual flight risk or with a specific violent risk should morningfog Sep 2013 #45
NO one pushed anyone off of me. Well, there was that one time with MFM cliffordu Sep 2013 #32
She should at least have had a "don't remarry" condition applied. nt JBoy Sep 2013 #33
Like maybe a warning tattoo on her forehead? undeterred Sep 2013 #34
allegedly.. Niceguy1 Sep 2013 #36
Well, one thing has been proven here ProudToBeBlueInRhody Sep 2013 #39
Astounding. mzmolly Sep 2013 #41
A man probably would get the exact same treatment. morningfog Sep 2013 #44
To be honest I just have no idea about the bail, but I would like to know why she did it. hrmjustin Sep 2013 #46

hlthe2b

(102,236 posts)
1. If the man in question is not deemed a flight risk nor risk to others, he would.
Sat Sep 14, 2013, 03:50 PM
Sep 2013

Bail is not denied all that often, though it might be set "high" enough to be out of reach for many.

 

davidn3600

(6,342 posts)
4. What chance does a man have of being given that designation?
Sat Sep 14, 2013, 04:02 PM
Sep 2013

None.

If a man is arrested for murdering his wife during a domestic dispute, he is not going to touch the street without some massive bail amount. You know that, I know that.

hlthe2b

(102,236 posts)
6. Oh Bullshit... I do know that courts continue to make it difficullt to gain/enforce
Sat Sep 14, 2013, 04:09 PM
Sep 2013

restraining orders in domestic violence.... The mortality statistics bear this out, despite your need to feel personally victimized.

 

FreakinDJ

(17,644 posts)
8. LMAO - the man was the victim - A WOMAN COMMITTED THE CRIME
Sat Sep 14, 2013, 04:43 PM
Sep 2013

Hence the reason for extremely lenient No Bail release

Now if it was a man that did this feminist here on DU would be clamoring for the Gas Chamber

hlthe2b

(102,236 posts)
15. I don't agree with it, but to say she got it because she was female (as some are)? Give me a break.
Sat Sep 14, 2013, 04:51 PM
Sep 2013
 

davidn3600

(6,342 posts)
16. Bullshit. Studies prove there is gender bias in favor of women in the federal system
Sat Sep 14, 2013, 05:01 PM
Sep 2013
If you're a criminal defendant, it may help—a lot—to be a woman. At least, that's what Prof. Sonja Starr's research on federal criminal cases suggests. Prof. Starr's recent paper, "Estimating Gender Disparities in Federal Criminal Cases," looks closely at a large dataset of federal cases, and reveals some significant findings. After controlling for the arrest offense, criminal history, and other prior characteristics, "men receive 63% longer sentences on average than women do," and "women are…twice as likely to avoid incarceration if convicted." This gender gap is about six times as large as the racial disparity that Prof. Starr found in another recent paper.

There are other studies that have shown gender disparity in criminal cases, but not as pronounced as Prof. Starr's findings. This is because she is looking at "a larger swath of the criminal justice process" in her analysis, she said. The paper states, "Existing studies have typically focused on single stages of the criminal process in isolation"—in particular, the judge's final sentencing decision. These studies compare actual sentencing outcomes after controlling for the recommended sentence associated with the defendant's ultimate conviction. The problem with this, Starr explains, is that "the key control variable is itself the result of a host of discretionary decisions made earlier in the justice process"—including prosecutors' charging and plea-bargaining decisions. Starr's research incorporates disparities found at those earlier stages, and finds that "more disparity is introduced at each phase of the justice process."

After estimating the amount of disparity left unexplained by the arrest offense and other control variables, the paper explores "why these gaps exist—and, in particular, whether unobserved differences between men and women might justify them." Prof. Starr explores several potential mitigating factors, such as the "girlfriend theory" (that "women might be viewed as…mere accessories of their male romantic partners&quot , the role of women as primary caregivers to their children, and the "theory that female defendants receive leniency because they are more cooperative with the government." Although each of these theories found some support in the data, they did not appear capable of explaining anything close to the total disparity that Prof. Starr found.


http://www.law.umich.edu/newsandinfo/features/Pages/starr_gender_disparities.aspx

The message is clear...if you are a woman and you want to kill your husband...do it in a national park.

hlthe2b

(102,236 posts)
19. In domestic violence cases, the opposite is true at every level and you know that.
Sat Sep 14, 2013, 05:12 PM
Sep 2013

Frankly, I don't think a male OR female charged with murder should get bail, but I am not surprised that they do under the criteria defined.

Response to hlthe2b (Reply #27)

 

davidn3600

(6,342 posts)
35. The sentencing should be very interesting....
Sat Sep 14, 2013, 07:49 PM
Sep 2013

How much money you want to bet she gets less than the average man would get in this kind of case?

Judge already showing leniency right off the bat.

hlthe2b

(102,236 posts)
38. I don't know... If she is found guilty and not punished, I'd agree with you, but as to a decision on
Sat Sep 14, 2013, 08:47 PM
Sep 2013

bail, I don't think it is that simple.

 

AnotherMcIntosh

(11,064 posts)
24. You're right. And she is not a "risk to others" in that she is unlikely to remarry at the present.
Sat Sep 14, 2013, 06:27 PM
Sep 2013

TransitJohn

(6,932 posts)
3. Outrageous. Reversed the genders, and the man would get no bail 99.99% of the time.
Sat Sep 14, 2013, 04:00 PM
Sep 2013

On edit: Or at least bail so high as to be unattainable.

HappyMe

(20,277 posts)
7. I seriously doubt a guy would have been let out like that.
Sat Sep 14, 2013, 04:14 PM
Sep 2013

If the genders were reversed, this thread would be pushing 50 replies, if not more.

 

demwing

(16,916 posts)
18. Flight Risk? The guy was pushed off a cliff!
Sat Sep 14, 2013, 05:12 PM
Sep 2013

If he was a flight risk he would have flown.












Too soon?

 

alcibiades_mystery

(36,437 posts)
21. Famous case: Michael Peterson convicted of murdering his wife during domestic dispute
Sat Sep 14, 2013, 06:18 PM
Sep 2013

Released on bond pending trial. Fairly famous case. (Did you know he was granted a new trial in July???)

It happens a lot, despite the assurance upthread that it's impossible.

 

davidn3600

(6,342 posts)
30. He was on $300,000 bond. This woman was released without any bond at all!!
Sat Sep 14, 2013, 06:32 PM
Sep 2013

People can bond out on murder. That's not the point. Usually it's hundreds of thousands of dollars to do it.

She is released with $0 bail. On MURDER! Has a man who murders his wife ever been given that? If you can show me a case, I would love to see it. There would be outrage if there was.

Guy I knew several years ago had a bond of $10,000 on felony drug possession. But people get out for $0 for pushing their husband off a cliff?

This justice system is such bullshit. Don't try to tell me it's fair and impartial.

WolverineDG

(22,298 posts)
28. A local man was accused of 2 counts of assault with a deadly weapon
Sat Sep 14, 2013, 06:30 PM
Sep 2013

& he was released on a $5000 personal recognizance bond. Of course, he has friends in high places, but I'm sure that had nothing to do with it.....

as for this case, I''m stunned they let her out on bail.

gopiscrap

(23,758 posts)
29. Nope, I violated the US Bankruptcy law
Sat Sep 14, 2013, 06:32 PM
Sep 2013

(I had cancer a second time uninsured and kept on filing bankruptcies in order to keep getting treatment) and I was charged with contempt of Federal Court and I sure as fuck didn't get any bail. I stayed in Jail from May 1 until Sept 3 when I got sentenced.

 

stevenleser

(32,886 posts)
31. One case does not indicate a pattern of discrimination, but it's troubling.
Sat Sep 14, 2013, 06:44 PM
Sep 2013

No one who is accused of first or second degree murder should be out on bail without a six plus digit bail and various other assurances. And even then, if there is additional history of violence beyond the one occurrence they should be held without any offer of bail.

It's hard to imagine a man being let out basically ROR (Released on Own Recognizance) on murder in any situation.

 

morningfog

(18,115 posts)
45. Only someone who is found an actual flight risk or with a specific violent risk should
Sat Sep 14, 2013, 11:51 PM
Sep 2013

be held or given a high bail.

No one should be held or given a very high bail based on what they are accused of.

 

morningfog

(18,115 posts)
44. A man probably would get the exact same treatment.
Sat Sep 14, 2013, 11:48 PM
Sep 2013

It was a crime a passion, the only other person in the relationship is dead. If the person was not a flight risk, all other things being equal, a man would be out pre-trial too. And both should be.

 

hrmjustin

(71,265 posts)
46. To be honest I just have no idea about the bail, but I would like to know why she did it.
Sat Sep 14, 2013, 11:59 PM
Sep 2013

That is if she did it. I mean it is a horrible story. God bless his soul.

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