Keir Bradford-Grey: We Need Real Alternatives to Cash Bail

PHILADELPHIA–“The Defender Association of Philadelphia appreciates the support DA Larry Krasner has given to our ongoing efforts to move our justice system to community-based alternatives to pre-trial detention. However, the DA’s practice of ‘simulated no-cash bail’ to keep people in jail is a legal slight-0f-hand that only perpetuates the economic and racial disparities that exist in our prison population.
 
“The DAs office last year committed to join the Defender’s proposal to adhere to the PA law that prevents the use of cash bail for the sole purpose of detention. We agreed to develop a transparent process that would require prosecutors to ask for defendants’ bail to be revoked only after the prosecution shows by clear and convincing evidence (as the law requires) that the person is a flight risk, and/or a danger to the community. The magistrate can then exercise the option to place a high amount of cash bail or preventatively detain the person, depending on the information presented at a detention hearing. Unfortunately, the DA’s new bail policy sidesteps this process.
 
 “The purpose of bail is to ensure one’s appearance in court and to place added emphasis on abiding by conditions of release. And, while we understand the rationale behind the DA’s ‘simulated no-cash bail’ approach, it goes against our agreement on the process and is in violation of the law, which doesn’t allow bail to be placed on individuals for the sole purpose of keeping them in jail.    
 
“These excessively high bail amounts disproportionately impact Black and Brown defendants in our jails. We are in the midst of the COVID-19 crisis, and this practice contributes to the risk of spreading the virus in our jails while causing collateral damage to the families of the incarcerated, many of whom are already struggling with today’s new economic realities.
 
“This is not the type of justice reform we need. It’s time to re-think our approach to pre-trial incarceration. Our work with the Pre-entry Coalition has shown that providing community supports plays a big role in lowering recidivism. We should be expanding on the pre-entry model instead of doubling down on a system that has never served us well. 
 
“If we want to make better decisions about people at the front end of our system, then we need to change the process by which we gather information about them.  Only then will we have a more balanced justice system–one that helps us make decisions that truly support public safety.”
 
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Keir Bradford-Grey on Passing of John Lewis

PHILADELPHIA–“Like the rest of the nation, the Defender Association of Philadelphia mourns the passing of Congressman and Civil Rights icon John Lewis. 
 
“At the Defender, our mission is to advocate for our most vulnerable–and mostly black and brown–citizens as they face a justice system whose every mechanism seems designed to place obstacles between them and their freedom, security, and prosperity. John Lewis’s life serves as an inspiration to me and everyone else who has dedicated their careers to fighting for justice and equal rights for all people.
 
“We must all honor his legacy by continuing this fight.”
 
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Keir Bradford-Grey on Expedited Hearings in Philly Courts

Working with the Courts, the Defender has secured releases for hundreds of clients. This is no time to devote our attention to sensational storylines that distract from or derail the progress we are just beginning to make.

PHILADELPHIA– “Since we began our expedited hearings last week, we’ve worked collaboratively with the District Attorney’s Office and First Judicial District to efficiently hear cases and release hundreds of people from incarceration. It’s important not to allow our issues with a single judge to dominate what is otherwise a positive narrative. 
 
“Yesterday alone, outside of cases heard by one specific judge, 222–or 60.8%–of our petitions for bail reductions, probation detainer lifts, and early parole motions were granted by the courts. While I stand by the concerns I raised in my email to the FJD, I never intended for this communication to be leaked to the press, nor did I imply that these concerns were representative of the Defender’s view of the entire process, which has been very productive overall. 
 
“This is a critical moment for our justice system. While we should always be prepared to give and receive constructive criticism, this is no time to devote our attention to sensational storylines that distract from or derail the progress we are just beginning to make.”
 
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KEIR BRADFORD-GREY ON SUSPENSION OF LOW-LEVEL ARRESTS DURING CORONVIRUS OUTBREAK

 

 

FOR IMMEDIATE RELEASE
March 18, 2019
 
CONTACT:
George Jackson  |  267.765.6768  |  gjackson@philadefender.org
 
 

 
We can prioritize public safety and keep the jail population down to stop the spread of COVID-19.

PHILADELPHIA–“The Defender Association of Philadelphia supports Philadelphia Police Chief Danielle Outlaw’s decision to suspend the police department’s practice of arresting and jailing people for low-level, non-violent offenses.

 
“With the First Judicial District curtailing some court services, the Defender’s focus has been on stopping the spread of COVID-19 by 1) advocating for the release of people who are currently in prison on low-level offenses because of bail; and 2) keeping the prison population at a level that allows for social distancing to protect the health of inmates and prison staff. 
 
 

 

“Our office is carefully vetting individuals and working with the District Attorney’s office to determine who can be released safely back into the community. We are working with our community [Pre-Entry Coalition] partners who are available to either provide services or keep in contact with people who have been released that may need a supportive network after they are released. 
 
“Allowing the police and the prisons to focus on people who present a real danger to our communities is the most prudent–and safest–course of action during this health emergency.”
 
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The Defender Association of Philadelphia is an independent, nonprofit organization that provides high-quality, client-centered legal representation, connection to social services, and re-entry support to adults and juveniles in Philadelphia. Our organization represents nearly 70 percent of adults and juveniles arrested in the City of Philadelphia.
 
 
 
 

 

Defender Association to Reduce Client Interview Hours During COVID-19 Emergency

PHILADELPHIA–Due to staffing shortages spurred by the COVID-19 outbreak, the new hours for client interviews at the Defender Association of Philadelphia will be 12:30 to 4 p.m. Monday through Friday.  

“We understand that this is a major disruption for many of our clients,” said Chief Defender Keir Bradford-Grey, “But it’s critical that we strike the right balance between the health of our staff and our obligation to our clients and the courts.”  

As an added safety measure, the Defender will also be limiting the number of clients in the reception area. Once this capacity is reached, clients will be asked to either return at a later time or to leave their phone number to be contacted for a telephone interview.    Bradford-Grey noted that these measures, while disruptive, are only temporary.

“With all of the school closings and safety concerns, we’re going to be operating with a ‘skeleton crew’ of attorneys and staff for at least a couple of weeks. But it’s our intention to return to normal staffing levels the moment our local health officials tell us that it’s safe.”   

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Keir Bradford-Grey on Mayor’s Budget Address

PHILADELPHIA–“In today’s budget address, Mayor Kenney outlined a bold, progressive, yet practical vision for Philadelphia. 
 
The Defender Association of Philadelphia is particularly encouraged by the Mayor’s plan to take a multifaceted, community-informed approach to public safety. Mayor Kenney’s commitment to reforming our justice system by investing in re-entry, juvenile justice reforms and the eventual elimination of cash bail aligns well with the Defender’s priorities.
 
“As the budget season unfolds, we look forward to working with City Council to share our vision for providing legal counsel, social services and other supports for our most vulnerable citizens.”
 
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Keir Bradford-Grey on Firing of MontCo Defenders

PHILADELPHIA–“The sudden termination of Montgomery County’s top defenders, Dean Beer (chief) and Keisha Hudson (deputy) chief is a stunning move that will have a negative, chilling effect on public defenders who want to provide the best possible representation for indigent clients.  

“Beer and Hudson were doing the critical work of not just representing their clients in court, but advocating for the communities who are most impacted by the justice system. There have been several reports that these defenders were fired for their filing of an amicus brief that criticized MontCo’s bail hearing practices. If that’s true, then the county has taken a major step backward at a time when the rest of the nation is making meaningful justice system reforms.   

“It’s a stark contrast from Philadelphia, where we’re fortunate to be represented in Philadelphia by elected leaders like Council President Darrell Clarke and Councilmember Curtis Jones, who made it a point to give the Defender a leadership position on their Criminal Justice Reform Committee.   

“Today’s news should alarm every public defender in the nation. We have fought too hard for positive changes in our justice system to sit quietly while defenders are bullied into complying with ‘business as usual’ by those who wish to turn back the clock on the progress we have made.”  

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