By Gabriela Rose
BURLINGTON, VT – Chittenden County Superior Court Judge Kevin Griffin Wednesday denied Deputy Public Defender Marco Kushner’s request for the accused’s $15,000 bail to be struck, despite concerns about the accused seeking medical care—he is in a wheelchair paralyzed from the waist down.
According to DPD Kushner, the accused is charged with four counts of the sale of cocaine and one count of the possession of cocaine. DPD Kushner explained the accused regularly seeks medical care, and he was concerned if he continued to be held.
The defense asked Judge Griffin to strike the $15,000 bail proposed by the state on the grounds the accused lacks the resources needed to pay it. DPD Kushner explained the accused’s income is limited to the disability checks he receives.
DPD Kushner added the accused currently resides with his aunt in New York, but has access to transportation that would allow him to appear in court in Vermont if released.
Judge Griffin acknowledged the accused had a serious disability, but stated that “this has not yet impeded his travel to the state of Vermont,” that he had “no ties to the community” and finally expressed concern about the possible risk of flight without bail.
The accused’s criminal record was also noted in Judge Griffin’s decision to reduce bail from $15,000 to $10,000. He did not acknowledge DPD Kushner’s prior concerns about the defendant remaining in custody.
Judge Griffin concluded the proceedings by setting a date for a status conference and requiring the accused to be present in person.
