Leo v. Commonwealth
Leo v. Commonwealth
Opinion of the Court
Leo was indicted on several charges of aggravated rape, breaking and entering, and larceny. At his arraignment, a judge in the Superior Court set bail in the amount of $5,000,000, with surety, or $500,000 cash, without prejudice. See G. L. c. 276, § 57. The following month, a hearing was held before a second judge on Leo’s request to reduce his bail to $200,000, with surety, or $20,000 cash. The judge refused to reduce the bail on the sole basis that Leo posed a suicide risk, and thus presented a flight risk. Several months later, Leo again sought a reduction in his bail in the Superior Court, this time to $50,000 cash, on the ground that he no longer posed a suicide risk. He submitted “progress notes” from a social worker who apparently interviewed him while he was in custody, and who concluded that he presented “[n]o imminent risk of harm to self/others.” A third judge in the Superior Court denied the motion, concluding: “Denied ■— declined to act — no change in circumstances.”
Thereafter, Leo filed his petition in the county court seeking a reduction in his bail to $50,000 cash. Again he argued, based on the same social worker’s progress notes, that he was no longer a suicide risk. He further claimed
On appeal, Leo claims that (1) $500,000 cash bail is unwarranted because, based on the social worker’s progress notes, he demonstrated that he was no longer a suicide risk, and (2) the bail amount is unconstitutionally excessive because it was effectively designed to ensure his pretrial detention. This court’s review of the judgment of the single justice is “limited to correcting errors of law and abuse of discretion.” Preston v. Commonwealth, 391 Mass. 1017, 1017 (1984), citing Commesso v. Commonwealth, supra at 376. There was no abuse of discretion or error of law here. A review of the record supports the single justice’s conclusion that Leo failed to present any information to her to ensure that he would continue to follow his treatment regime if released.
Judgment affirmed.
Leo claimed neither in his petition to the single justice nor on appeal that a suicide risk cannot, as a matter of law, be considered a flight risk. That question has not been addressed in Massachusetts, and the few jurisdictions that have addressed it present differing views. Compare United States v. Hanhardt, 173 F. Supp. 2d 801, 804-807 (N.D. Ill. 2001); United States v. Tropiano, 296 F. Supp. 284, 286 (D. Conn. 1968); People v. Bosco, 175 Misc. 2d 166, 172 (N.Y. County Ct. 1997), with United States v. Doane, 54 M.J. 978, 983 (A.F. Ct. Crim. App. 2001); People ex rel. Bryce v. Infante, 144 A.D.2d 898, 899 (N.Y. 1988). For purposes of this appeal, therefore, we shaH assume, as the parties do, that a suicide risk may be considered a flight risk.
For the first time on appeal, Leo asserts that he was entitled to a mental health evaluation before being detained, pursuant to G. L. c. 123, § 12, and that he received constitutionaUy ineffective assistance of counsel. Those claims are not properly before the court.
Reference
- Full Case Name
- Anthony Leo v. Commonwealth
- Cited By
- 4 cases
- Status
- Published