Judge refuses bid to increase bail for alleged heroin dealer
"If the people want to punish
The issue of Hamilton remaining free on bail comes at a time when police, firefighters and other first responders are dealing with large numbers of people overdosing on opiates in what has been described as a public health crisis. Since
Late last week over a 24-hour period, city police responded to 10 overdoses, one of them fatal. Narcan, an opiate antidote, has been used frequently to revive the addicts, who lose consciousness and the ability to breathe. Authorities also say the 119 deadly overdoses in 2014 could double by the end of 2015.
Alarmed by the increasing numbers of overdoses in recent days, a local health insurance company on Tuesday reinstituted the PainkillersKill campaign.
"To combat this alarming and disturbing trend, BlueCross BlueShield of
Hamilton, 26, of
Fentanyl, unlike heroin, is a laboratory-manufactured opioid often prescribed for cancer patients, and three to five grains of it, the size of table salt grains, can kill, police and health officials say.
At Hamilton's arraignment last week, Assistant District Attorney
"The essence of our bail argument, had we been permitted to make it, is that the charges are so serious and come with so much jail time, that the defendant would be a serious flight risk if allowed to remain at large," saidn Sedita, following the hearing.
Hamilton appeared at the hearing with his lawyer,
The "safety of the community," Gardner argued, was at stake because of several overdoses in
Calvo-Torres demanded to know why these points were not raised at last Thursday's arraignment.
"There was no argument made at the time of the arraignment," said the judge, adding that her responsibility is to make sure the defendant appears in court. She added that Hamilton was indeed present Tuesday and that no evidence had been presented regarding a link between the overdoses and Hamilton, describing it as hearsay.
"I see no reason to change bail," Calvo-Torres said.
Hamilton on Tuesday waived his right to a felony hearing to determine if there was enough proof to support the charges. The judge held the case for a grand jury review.
Outside the courtroom, D'Amico said, "Quite frankly, I don't think bail of
If Hamilton is convicted of the felony drug charges, he could face a minimum of six years and a maximum of 15 years imprisonment, D'Amico said, adding, "I don't think they will be able to connect my client to those overdoses."
Mohun did not address the amount of bail, according to the transcript.
Mohun, Sedita explained, was silent on that matter because she had previously been told by the judge that the prosecutor is not permitted to make bail recommendations in her courtroom.
"What confounds us is the judge chiding us Tuesday for not giving her additional details at the first court appearance," Sedita said. "Then when we provide details, she doesn't raise the bail one red cent."
Evidence against Hamilton, Sedita said, "will be promptly presented to a grand jury."
Two
email: [email protected]
___
(c)2015 The Buffalo News (Buffalo, N.Y.)
Visit The Buffalo News (Buffalo, N.Y.) at www.buffalonews.com
Distributed by Tribune Content Agency, LLC.
Oklahoma state briefs for July 22, 2015
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News