Local law enforcement explains Aniah's Law
Nov. 16—A suspect's right to bail pending court action is enshrined in the U.S. Constitution, but authorities believe certain circumstances exist when a suspect shouldn't be free while awaiting trial.
Alabama voters on Nov. 8 agreed, approving what's known as Aniah's Law in the form of an amendment to the Alabama Constitution.
Aniah's Law is named after a 19-year-old Alabama woman, Aniah Blanchard, who was kidnapped and killed in 2019.
The man believed responsible for her death, Ibraheem Yazeed, was indicted Monday by a Macon County grand jury on three counts of capital murder, Alabama Attorney General Steve Marshall announced Tuesday. At the time of Blanchard's death, Yazeed was out on bond and had been convicted of several other violent crimes, including kidnapping, robbery and attempted murder, according to Calhoun Cleburne District Attorney Brian McVeigh.
The amendment, which won't take effect until after some election procedural matters are handled in the coming weeks, allows prosecutors to request an offender like Yazeed be held without bond in certain circumstances.
"What this allows you to do is request a pre-trial hearing and say to the judge, 'this is a defendant who is particularly dangerous,' and that would allow the defense to have an attorney present, you could have testimony, you could call witnesses, that sort of thing, and the judge would make an order within 48 hours as to whether this person could be held without bail or not," McVeigh said.
The law is limited to those accused of violent offenses such as murder, kidnapping or rape in the first degree. However, it isn't for every case, McVeigh said — only for those individuals believed to be particularly dangerous to others and pose a threat to the community. Just because someone commits a violent crime, that doesn't mean the District Attorney's office will automatically attempt to deny that person bail, Anniston police Chief Nick Bowles said.
"If the person got arrested for rape 1st and we might believe that they are a serial rapist and we are actively working to connect them to other rapes, we do not want that person on the streets or either run or commit more rapes or worse while they're out," Bowles said.
Under the law, the suspect does not have to be a repeat offender. Calhoun County District Court Judge Randy Moeller said anyone who commits those offenses can be held without bond.
"Initially, it applies to anybody that is charged with those offenses. So, the way the law reads, initially those persons charged with those offenses are held without bond until we are able to have a hearing under Aniah's law," Moeller said.
Moeller explained that an offender's first appearance in court is within 72 hours of being arrested. During that court appearance, the offender is advised of their rights, what they are charged with, and other procedural matters are dealt with.
During this hearing, bail is typically set. At this point under Aniah's law, prosecutors can request a special hearing to deny the defendant bail and present evidence / call witnesses to explain why this person is a danger to the community.
Contact Staff Writer Ashley Morrison at ashmorrison1105@gmail.com. On Twitter @AshMorrison1105.
