I'm sure that trial judges hate being second-guessed about their bail decisions, and with good reason. We can't realistically expect that judges will be 100% accurate in their assessments of whether particular defendants released on bail won't attempt to flee.
Still, I'm going to go out on a limb here (okay, not far at all) and suggest that the judge in the Logan Storm case really blew it. After being convicted of possession of child pornography, Storm was released on bail pending sentencing, but subject to electronic monitoring. Which he discarded today.
Now, imagine that you are the judge, trying to decide whether to grant bail to Storm. He's already been convicted, so the strongest argument one could otherwise make -- that an innocent person would be deprived of his liberty -- doesn't apply. True, he has the right to appeal so he might get that conviction overturned, but at this point, his legal status has changed from "innocent" to "guilty."
Given the typical two to three month period between conviction and sentencing, it's possible for minor crimes that one might receive a term of incarceration that would be shorter than what one would serve waiting to be sentenced. That might be an appropriate situation for bail, since credit for time served wouldn't exactly compensate for the extra amount of time one would spend in jail. With the likely sentencing range for child pornography, though, that seems not to be applicable here either.
But . . . here's the kicker: Storm previously fled the country:
In the days after the seizure of his computer and before he faced any charges in the case, he left the country, flying to London and eventually traveling to Ireland, France and Amsterdam, government filings state.
Now, his defense lawyers talked him into coming back, and hopefully they'll be able to talk him into turning himself in (again). But it's hard to see why a judge would release him on bail after conviction, knowing that he was skittish enough to flee before when there was just an investigation and not even any charges. Now that he's facing fairly certain prison time, it seems reasonable to conclude that he's an even greater flight risk than before.
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