Los Angeles Superior Court
Dept. 23, Case No. 182,358
People v Nicholas R. Boyle
Transcript of Court proceedings
Judge Margaret Hamilton, presiding
date: 29 June 1993
page 3/3
Hamilton J: Due to the nature of the offence the defendant is charged with, I am reluctant to allow bail at all. However, it is necessary for this court to consider the evidence put before it in favor of bail. The prosecution is opposed to bail, and has argued that, due to the nature of the crime, bail should not be allowed. An assault on a member of the Police Department is a serious charge, and matters of public policy dictate that a man accused of this should not be released prior to the trial. In addition, the argument was put forward that the defendant is an ex-Navy SEAL, who has no job, and few acquaintances in the area. This would make him a flight risk. However, I have had the advantage of hearing the argument that the defense has put forward, namely that the defendant acted with no "mens rea", which I believe is a reasonable argument, one that the prosecution must disprove. I must also consider the amount of time which will elapse before the trial can be held. As it will be this court who will preside over the trial, we can comment on this. The delay in reaching trial may be too long to hold the defendant in custody without risk of there being an appeal due to abuse of process. Having considered all matters, I have set bail at $50,000.
Mr. Boyle, are you able at this time to post bail?
(The defendant conferred briefly with his counsel.)
Boyle: No, Ma'am.
Hamilton J: Very well. The defendant will be remanded to the custody of the Sheriff of Los Angeles County to be held at the county jail until his pecuniary situation improves or until the resolution of this case.
Court adjourned.
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