Sheriff Pat Garrett responds to “County Still Needs to Look at Pre-Trial Releases” by attorney Dean Smith, a local public defender.

In Washington County, jail deputies are authorized court release officers. They follow General Orders of the Court to identify offenders eligible for immediate release on their own recognizance before a court appearance and without bail. This reserves jail beds for the most dangerous or chronic offenders and ensures the prompt release of people most likely to appear in court as directed.

In his guest column on May 30, defense attorney Dean Smith presented three case examples to show that our current pretrial release system is unfair. We identified the specific cases and examined the facts. I restate his case views and then share additional information below so that readers can draw informed conclusions.

n "A woman who had no prior arrests called 9-1-1 in fear of domestic violence; she was arrested, missed Christmas with her children and waited a week in jail for an attorney to be appointed."

She was charged Dec. 22 with harassment and felony assault of her boyfriend in the presence of a child. Her first attorney was appointed on Dec. 23. The court's General Order does not allow recognizance release on domestic violence charges where the suspect and victim have an intimate relationship. She qualified for release after her December 28th hearing and was released the next day.

n "The man in jail for two weeks through Christmas break awaiting a hearing on whether he violated his restraining order by delivering Christmas presents to his ex-fiancee and her children. It turned out the gifts had been delivered by Sunday school children."

This man was on formal probation for violating a restraining order by repeatedly contacting the protected parties. He had previous convictions for resisting arrest and assaulting a public safety officer. His Dec. 22 arrest for violating a restraining order and for his third probation violation, required court ordered release. He was released Jan. 5.

n "A woman appeared for trial at 9 a.m., as the paperwork said. Her case was called at 8:50 a.m. and she was charged with failure to appear. After a week in jail and failed attempts to get a judge to release her, she pled guilty just to get out of jail."

This woman, originally arrested in 2008, had been booked several times on the same case, used a false name and failed to appear in court three times. At each booking she was released within a day, until she was late to court on April 12, 2012. We must assume her attorney, Dean Smith, told her she was required to check in with court staff between 8:15 and 8:30. A judge denied release, setting a May 23 trial date. On April 19 she pled guilty stating, “I took property from Target without paying for it on Feb. 1 and 2, 2008. The property was worth more than $50.” Her case was resolved once she was held accountable.

The real point is they were each ineligible for recognizance release due to their charges or criminal history. A different pretrial release program, such as the one suggested by a consultant in 2008 and referenced in Mr. Smith’s article, would not have made a difference. I believe such a program would create a costly bureaucracy and provide many of the same functions already present in our current system.

Since 2008, the Sheriff, District Attorney, judges, community corrections and members of the defense bar have aligned processes and are creating efficiencies never before anticipated without additional staff, facilities or other costs. The price tag for the consultant’s recommended release program was $1.5 million annually.

Citizens can be proud of Washington County’s effective release program that meets rigorous standards of the law, respects due process and is responsive to those innocent until proven guilty. Our justice system remains lean, innovative and very collaborative.

Pat Garrett is the Washington County Sheriff