A Manhattan judge is being sued by an accused murderer for not clearly explaining why she didn't grant him bail.
On 1 February 2022, an East Harlem gang member was fatally shot 'multiple times in the chest' and a woman injured at East 103rd Street and Third Avenue.
On 5 February 2022, 31-year-old John Spry was charged with second degree murder. After a hearing on 8 March, Judge Ann Scherzer sent Spry straight back to prison.
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However, Spry's attorney, Michelle Villasenor-Grant has since accused Judge Scherzer of violating the state's bail reform law and her ruling as being 'an abuse of discretion'.
Spry - who has at least two former felony convictions - was accused by prosecutors of having conducted a 'planned execution,' New York Post reports.
Prosecutors told Judge Scherzer the suspect 'laid in wait' for his victim, having stolen his girlfriend's car's licence plates to make his way to the murder scene.
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After hearing more details from prosecutors about the shooting, Judge Scherzer set Spry's next court date for May and placed him back behind bars without explanation.
According to Villasenor-Grant's petition for Spry's release - sent to Manhattan Supreme Court - Judge Scherzer failed to deliberate 'less restrictive alternatives' and subsequently didn't rule properly on whether the suspect posed a genuine 'flight risk'.
In section 510.10 of the criminal procedure, under 'securing order' - which Villasenor-Grant cited in the lawsuit - it states: "If such a finding is made [that the suspect poses a risk of flight to avoid prosecution], the court must select the least restrictive alternative and condition or conditions that will reasonably assure the principal's return to court.
"The court shall explain its choice of release, release with conditions, bail or remand on the record or in writing."
As well as claiming Judge Scherzer failed to properly explain why she didn't allow Spry bail, Villasenor-Grant has argued that Spry doesn't pose a flight risk because of his one-year-old daughter and 'significant community ties'.
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The attorney pushed that her client shouldn't be 'subjected [to] the risk of serious injury, illness, or death that is incarceration at Rikers currently threatens'.
Villasenor-Grant stated: "This man is simply not going to discard and leave his baby and flee. He is going to stay here and fight this case."
As well as a second-degree murder charge which could see him spend between 15 and 25 years in prison, Spry also faces assault and weapons charges. He has pleaded not guilty.
Villasenor-Grant argued Spry's bail should be set at $50,000 cash or $100,000 bond.
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However, lawyer Ron Kuby reflected: "The judge should have made a finding, but ultimately, it’s not going to result in the defendant’s release, I predict.”
Former NYPD Detective Joseph Giacalone called the lawsuit against Judge Scherzer 'crazy'.
He said: "It just goes to show you how much the defence attorneys are gaming the system on this. [...] It’s just ridiculous the state of affairs that we’re in now.”
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John Jay College of Criminal Justice's Eugene O'Donnell reflected that the move exemplified 'a consistent, steady move in the direction of ultimately holding no one accountable'.
Giacalone concluded: "The bad guys are opportunists and right now they view the criminal justice system in New York as very weak. That we’re even discussing this shows how weak it's become."
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Topics: US News, New York, Crime