August 24th, 2007

The Newark Triple Homicides: Why Prop 100 and Bail Reform Matters

 by Andrew P. Thomas  
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 The triple murderer in Newark, NJ, who had been released on bail previously for sexually assaulting a minor and an assault in a bar wouldn't have been freed on bail to commit those murders had he lived in Arizona, thanks to a law Maricopa County Attorney Andrew Thomas helped draft and get passed last fall prohibiting bail for illegal immigrants who commit serious crimes. It's overdue for other jurisdictions to follow the lead of Phoenix and pass laws like this to prevent this from happening again.
The three execution-style murders that occurred on August 4, 2007 in Newark, New Jersey by an illegal immigrant and other suspects has set off an outcry around the country against local authorities who ignore the status of illegal immigrants who commit serious crimes. These authorities allow them to remain in the country where they may commit more crimes or flee punishment by escaping the country. Here in Arizona, thanks to the passage of Proposition 100, which I helped draft and campaigned for last year, tragic situations like this are being averted. Illegal immigrants arrested for serious crimes are held without bail, and Immigrations & Customs Enforcement (I.C.E.) is notified.

The illegal immigrant responsible for the Newark triple homicides, Jose Carranza, was indicted earlier this year on 31 counts relating to the sexual assault of a girl under age 9 that took place over a span of four years. He was indicted again last month for an assault in a bar. Yet both times he was released on bail.

The Newark authorities didn't bother to notify I.C.E. about Carranza. Carranza was released on $50,000 bail in the assault case and $150,000 bail in the sexual assault indictment. While out on bail the second time, he allegedly shot four victims execution-style, forcing them to their knees and then shooting them in the back of the head. Only one survived.

Arizonas Proposition 100 prohibits bail for illegal immigrants accused of serious crimes. A separate constitutional provision approved by the voters prohibits bail for defendants accused of rape or child molestation. Had the Carranza case occurred in Arizona, both Prop 100 and the second provision would have denied him bail. His immigration status would have been flagged and he would have been held without bail until sentencing and inevitable imprisonment. And in the future, upon release from prison, I.C.E. would be notified to pick him up and deport him.

Local authorities are slowly reacting to these types of grievous crimes and taking steps finally to prevent these situations from happening in the future. Newark city councilman Ron Rice says he will propose legislation which would require the police to notify I.C.E. immediately when a suspected illegal immigrant is arrested for a felony. I encourage all local authorities around the country to follow the lead of Arizona and pass measures similar to Prop 100.

Politics: General, Arizona Politics, Constitutional Issues, Civil Liberty & Rights, Immigration, The Courts, Legal, Criminal Justice, Death Penalty



Andrew P. Thomas is the Maricopa County Attorney.
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  1. Arizona had its problems with judges interpreting the law they wished had been enacted rather than the one that had so that they could let illegals out!

    Get rid of those pandering to illegals take the pledge:

    I will vote, and actively work for the election of, the opponent of any elected official supporting any form of legislation, resolution, proclamation, or action offering illegal aliens:
    1. sanctuary,
    2. taxpayer funded benefits,
    3. anchor baby citizenship,
    4. police no ask policy,
    5. day worker centers,
    6. legal services,
    7. chain migration,
    8. amnesty.

    UNLESS their opponent also supported the legislation, resolution, proclamation, or action.

    THEN I will vote for a write-in candidate.

    I also will not contribute to their campaign AND I will return their campaign material marked as REFUSED RETURN TO SENDER.

    Comment by Mickey G | August 27, 2007

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