BAIL RIGHTS

By. J. Libia

If you ever said that the justice system works in favor of politicians, you may be on to something. According to an article in the Virgin Islands Daily News entitled “Donastorg charged in domestic violence case,” the seven-term senator was charged with assaulting his 19-year-old girlfriend with a dangerous weapon, on January 28^th in Estate Santa Maria, St. Thomas. The article stated that after Donastorg’s arrest, he was released from police custody on his own recognizance, meaning he did not have to post any money or other form of security as bail. Now, tell me if that is fair. Many of you know someone who has been charged with a crime and has had to put up some form of collateral before being let go; that person was not given the benefit of the doubt and released on his own recognizance, like Senator Donastorg. Do you think that’s fair?

Senator Donastorg was labeled as not being a flight risk, meaning he will not leave the territory. But when you think of it, isn’t everyone a flight risk? Once you have a few coins in your pocket and a passport, you are good to go. The justice system seems to never have thought about that; they released the senator on his claims that he will not leave the territory. Is it because he is who he is, a popular senator who everyone looks up to? Or did they believe he has too much to lose if he leaves? But what does he have to lose that is so important? Could it be his position, his family, his house, or the respect of the local people? You may not think he would run out on them, but if he faces incarceration, he just might run and start anew.

I have a friend that was incarcerated not too long ago, and he couldn’t be released until his bail was posted. So he, an innocent man, stayed in jail, where he was on a 48-hour lock down. I feel that the privilege given to the senator should be extended to my friend and the rest of the community, or they should treat Mr. Donastorg the same way they treat us common folk. Because the law states “innocent until proven guilty,” not “innocent until proven innocent,” in the senator’s case, or “guilty until proven otherwise,” in the case of my friend and everyone else. Clearly some of us are presumed to be more innocent than others.

Corliss, Smithen. “Donastorg Charged In Domestic Violence Case” Daily News 6-7 Mar. 2010, 5