Editorial: Set bails based on weight of alleged crime

Published 9:34 am Monday, September 26, 2016

The Tribune Editorial Board was shocked last week to hear news that a Freeborn County District Court judge had lowered bail for the Brownsdale man charged with second-degree murder in the Myre-Big Island State Park shooting death last month.

We were even more surprised to learn on Friday that the man, David Michael Easter, had posted bail and walked out of the Freeborn County Courthouse — a free man until his next court appearance.

It was the first time we had seen someone with such a serious charge locally who was out on bail before his case moves to trial.

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Looking back over the last few homicide cases we have had in our county, it seems there is a difference in night and day in how bails have been set.

Robert Michael Hughes in 2005 was charged with shooting and killing his estranged wife, Tammy Hughes, at their home on Sheridan Street. At that time, Freeborn County District Court Judge John Chesterman set Hughes’ bail at $1 million.

In 2009, Chad Gulbertson was charged in the murder of his estranged girlfriend, Jody Lee Morrow, on Larimore Circle in Albert Lea. Chesterman set Gulbertson’s bail at $1 million.

Last December, Leslie Jones of Hartland was charged with criminal vehicular homicide in the death of Joanne Carol Klein on East Main Street near McDonald’s. Freeborn County District Court Judge Steve Schwab set Jones’ bail at $150,000.

We recognize that each of these cases is different. Some of the defendants fled; others turned themselves in.

That brings us to the most recent case involving Easter.

In Freeborn County District Court last week, Schwab said he approved a $100,000 bail for Easter based on Easter’s financial status, lack of criminal history and having never fled to avoid prosecution. Easter is claiming self defense in the shooting death of Spencer Brown, 23, of rural Freeborn County. He was apprehended with a handgun after calling 911 to report he had shot Brown at the state park.

While we recognize that Easter has not been convicted of the charge, we think judges should set bail more on the weight of a charge than on other factors.