In re Harris
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Harris is charged with a violent rape that occurred in 1989. DNA from the crime scene and a vaginal swab matched Harris’s. A “pretrial services court report” indicated that Harris appeared to be an appropriate candidate for release on his own recognizance with enhanced monitoring. Harris asked for release on his own recognizance with nonfinancial conditions, e.g., a no-contact order, limitation of his use of dating websites, and GPS tracking. Harris argued that he is indigent, there is no indication he is a flight or safety risk, the alleged crimes occurred 32 years ago, he has not tried to contact the victim, he had a limited criminal history in the interim years, and he had community ties. The prosecution offered testimony by the victim that she feared for her safety, the doctor who treated the victim, and several women who reported that Harris liked to tie women up during sex and enact rape fantasies.
Ultimately, the trial court denied Harris bail. finding that the charged felony offenses involved acts of violence on another person and that there is clear and convincing evidence of a substantial likelihood that Harris’s release would result in great bodily harm to others. The court of appeal remanded. The court erred in failing to set out reasons on the record why less restrictive alternatives to detention could not reasonably protect the public or victim safety.
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