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Bernie Kerik : Bail Revoked, Jailed Pending Trial

Former NY police commissioner Bernie Kerik was jailed this morning after his bail was revoked by the federal judge presiding over his criminal case, set to start trial next week. The judge said he failed to heed his warning a few weeks ago to monitor his legal defense fund website which was posting non-public documents in an attempt to taint the jury pool:

[prosecutors] discovered non-public documents placed on a Web site affiliated with Kerik's defense. "I fear he has a toxic combination: self-minded focus and arrogance," the White Plains federal judge said. That combination shows Kerik feels "the end justifies the means" and that "the rulings of the court are inconvenient and are to be ignored," Robinson said.

Bernie is likely to be held at MCC Manhattan. I assume, as a former cop, they will have to put him in solitary for his own safety. (Update: ABC News reports he's going to a county facility at Valhalla, NY., where the federal government rents space. )

Revoking bail for non-compliance with a court order? I could see charging or jailing him for contempt of court, but what does leaking sealed case information have to do with his risk of non-appearance in court or being a danger to the community? His lawyer says he will appeal.

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  • Display: Sort:
    I agree (5.00 / 1) (#1)
    by Zorba on Tue Oct 20, 2009 at 02:31:26 PM EST
    that this seems more like contempt of court.  Since he can be jailed for criminal contempt of court, I can't see why the judge revoked his bail.  This just muddies the waters regarding the actual purpose of bail.  Not that Kerik was acting in an upstanding manner or anything like that, but there are proper ways to deal with things like disobeying a court order.

    I agree with what you're saying. (5.00 / 1) (#3)
    by Donald from Hawaii on Tue Oct 20, 2009 at 03:18:28 PM EST
    This appears to be a completely separate issue of contempt of court, and I'm not sure how failing to monitor a website amounts to a violation of his original terms of bail.

    That said, it's rather hard for me to work up much sympathy for Mr. Kerik, or those other members of Saint Rudy's favored few who felt themselves above the law, and to whom the rules weren't supposed to apply. I'll have to leave it to Mr. Kerik's defense attorneys to make his case, and I can live with whatever the outcome.

    And to think that this guy was actually nominated by President Bush to be our country's Secretary of Homeland Security ...

    I agree with the judge's (none / 0) (#2)
    by Fabian on Tue Oct 20, 2009 at 02:56:48 PM EST
    assessment of Kerik's personality though.
    "I fear he has a toxic combination: self-minded focus and arrogance," the White Plains federal judge said.

    Kerik is consistent if nothing else.

    On the news (none / 0) (#4)
    by Steve M on Tue Oct 20, 2009 at 11:11:40 PM EST
    I noticed that his judge is one I've been in front of myself.  Very tough, and seems to fit the mold of a typical Bush II appointee.  Former US Atty for Connecticut, as I recall.