Inmate gives views

To the editor:

The following Alaska statute covering bail release issues, A.S. sec 12.30.020(a) pertains to a person charged with an offense "shall" at that person's first appearance be ordered released pending trial on their own recognizance or unsecured bond unless it's an unclassified or Class A felony or unless the officer determines that the release will not assure his appearance or protection to the public, that's when a cash bail comes into effect, and if that isn't enough to secure appearance and protection than a person "can" be placed with a third-party custodian.

The third-party requirement was meant for extreme cases, but the majority of the people arrested in Alaska are required to have this third-party condition. So there are too many people sitting in jail needlessly and unreasonably because they can't find a third party. This is a violation of the due process rights guaranteed by the 8th and 14th Amendments to the U.S. Constitution.

This action declares that you are guilty of something and need to be watched, this is the opposite of innocent until proven guilty.

Such as in my case, I have no failures to appear or report, no eluding or escapes, nor have I got into trouble on previous releases. Due to clashes in work schedules I had to change my third party several times. I wasn't even allowed to live in my own home, and I take care of my 73-year-old mother who has been approved in another case in the past, but not this one.

I had been out working for seven months, my last third party and I were not getting along so I filed for bail modification to get the third-party conditions dropped because of this person's abusiveness towards me, but before I got the hearing the third party vindictively made a false report and committed Class B felony perjury, by stating that I wasn't where I was supposed to be (at work), and stating that I refused to return to her custody.

I was remanded back to jail and have had my bail raised to an unreasonable cash-only amount of $7,500, to where it is impossible for me to bail out. I have lost my job and I have sat in jail now for three months.

I have shown the court letters and a sworn affidavit from the woman's own son verifying the lie and that I have or had personal property there. This woman also claims I retrieved this property already and the court won't even release me to another already approved third-party custodian so that I can retrieve my property, therefore securing this woman's theft of my belongings.

This type of undue pressure has a tendency to cause people to do change of pleas or plea bargaining because they just want to get out of the Pre-Trial or get the situation over with. This is a form of malicious prosecution.

Otis East

Mat-Su Pre-Trial Facility