What I mentioned in the previous post is exactly what happened. Career criminal Kevin Haberman's attempt to get released from custody and reduce bail backfired due to his record and recent arrest. Now, he has a no bail hold which issued by Judge Christopher Wilson.
Haberman's third court appointed attorney, Mr. Zachary Curtis' recitation of his criminal history helped the prosecution, supported Probation's recommendation and Judge Wilson's ruling.
Mr. Curtis strategy of trying to put lipstick on a pig on Haberman's rap sheet and minimize his criminal record was odd. He mentioned Haberman's 1999 and 2007 prison stints. Then his misdemeanor cases from 2016, 2018 and 2018. Mr. Curtis said "Haberman had some drug issues" and "the loss of his child exacerbated his drug problems."
Mr. Curtis said that Haberman "is very much on the drug task force radar now". Then he went on to argue that Haberman should be put on supervised release with a search and seizure clause and because mental health, drug testing and counseling would be available to Haberman.
"He is indigent," said Mr. Curtis. "He would be living off the charity of family members." In the past, Haberman could fish with the tribe and make $30,000 to $40,000. That job "maybe available," said Mr. Curtis.
"It is my understanding that we are here today to address non-financial conditions," said Deputy District Attorney Jane Mackie. The Probation Departmebt said "none would suffoce, essentially."
"It is not law enforcement's responsibility or role to make sure the defendant is law abiding," said Ms. Mackie. "The representation and volume of drugs in this case are not new drug issues. People are entitled to examine indigency. " Ms. Mackie referred to Sgt. Matt Tomlin's declaration.
Judge Wilson said Humphrey's "does give the Court the ability to consider the danger to the community. Judge Wilson read the large amounts of possession by Haberman and said the allegations of heroin and Fentanyl were concerning." He mentioned HCSO's special warning to the public.
Haberman's prior criminal history, including possession of firearms; the Probation Department's recommendation; Haberman's score of 9 on the Ohio Risk Assessment; Haberman being held to answer after the preliminary hearing and the 1275.1 order to examine source of bail that was in place all led to Judge Wilson ordering no bail hold.
Trial confirmation is on May 18; jury trial on June 21.
5/18: Deputy DA Roger Rees appeared for the People and confirmed for trial. Mr. Curtis said he had not heard back from Ms. Mackie about discovery. There was a "reasonable offer on the table" and asked for further trial confirmation which was scheduled on June 10. Haberman has a misdemeanor VOP, three misdemeanor cases and a civil case for $8,000 and all are "trailing" this felony case.
Previous post:
https://johnchiv.blogspot.com/2021/04/the-latest-defense-attorney-trend-in.html?m=1
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