Was bail set too low for suspect in rape?

EVERETT — The release from jail last week of a man now charged with rape has Snoho­mish County prosecutors studying reform of the way bail is set in serious criminal cases.

The man, Larry Donnell Baker, 33, of Everett was arrested Sept. 26 in connection with the rape of a 17-year-old girl. He was freed within hours after a bail bonds company posted $25,000 bail on his behalf.

Baker was released before he appeared before a judge and before prosecutors got the chance to argue for higher bail.

Baker’s release, and the recent release of another man accused of assaulting a child, have prosecutors calling for change in how bail is now automatically set after arrest.

The bail schedule hasn’t been adjusted in many years, deputy prosecutor Craig Matheson said.

“It’s outdated and these have been the amounts for years,” he said. “It seems they have to be brought up to date. You’ve got potentially very violent offenders with bail amounts not any way commensurate to the crime they are accused of.”

Baker is accused of threatening to cut a girl’s throat during the assault. After he made bail, he moved out of his apartment. Baker is from Iowa, where he is suspected in another sexual assault.

On Tuesday, he was charged in Superior Court with first-degree rape. A judge signed an arrest warrant asking $1 million bail, which is what prosecutors were hoping for last week.

Baker was arrested again on Wednesday, apparently while he was trying to surrender to authorities.

When people are booked into county jail, corrections officers look at a schedule to determine how much bail should be. The schedule sets fees for bail amounts based on the offense.

For instance, serious violent crimes such as rape, arson and assaulting children carry a $25,000 bail. In Baker’s case, that would mean he had to come up with $2,500 cash to get the $25,000 bail that was put up by an Everett company.

The current bail schedule was approved at some point by county judges.

On Wednesday, nobody was sure when.

District Court Judge Roger Fisher vaguely recalls District and Superior Court judges agreeing to change the schedule years ago.

Superior Court Judge Larry McKeeman said he believes the District Court judges should be responsible for reviewing bail amounts.

In Olympia, Doug Haake, spokesman for the Office of the Administrator of the Courts, said he’s not sure who’s responsible for setting a county’s bail schedule. Hake said there’s no court rule or legislation addressing bail amounts.

“Realistically, it should be set locally because there are local issues and concerns that should be taken into consideration,” Haake said.

State Supreme Court Chief Justice Gerry Alexander recalled when he was a Thurston County Superior Court judge that the bench periodically reviewed bail schedules.

“In general, establishment of bail is a matter within the discretion of the trial court,” Alexander said.

Judges could even require an appearance before a judge before someone accused of a serious crime can be released, Alexander said.

The position of criminal defense lawyers should be considered in any bail schedule change, said Bill Jaquette, head of the Snohomish County Public Defender Association.

“I don’t have any quarrel to people sitting down with the bail schedule and making a rational decision what the bail should be,” Jaquette said.

However, anyone accused of a crime is entitled to bail under the Constitution, Jaquette said.

“Could it or should it be adjusted? Maybe. But I would hope the adjusting would be a rational process. I think the defense perspective should be listened to, but I think it’s a government function.”

A victims’ advocate wonders how someone accused of a crime as serious as rape could be freed without ever going to court.

“How does that happen?” asked Jenny Wieland Ward, executive director of Families and Friends of Violent Crime Victims. “I hope it’s a rare occurrence. It just seems very troubling someone can post bail before seeing a judge. That should raise some red flags.”

Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.

@2. Breakout Header:How bail works

Snohomish County corrections officers look at a rate schedule that sets bail according to the crime someone is accused of. For rape, the schedule currently sets bail at $25,000.

Someone arrested for a crime typically can be released from jail if they come up with 10 percent of the bail amount and persuade a bail bondsman to put up the rest. Often, property or other valuables are given to the bondsman as collateral.

The bonding company gets their money back if the suspect follows all court orders. If not, the bondsman can go after them with a bounty hunter. And law enforcement will also be looking for the fugitive.