While other South Dakotans charged with sex crimes against
children are free on bond, the Meade County school bus driver
accused of molesting a 10-year-old girl is going on his fourth
month in jail, still with no bond set in his case.
Stanton Day, 65, of Summerset has been in custody since early
March when he was arrested and charged with six counts of
first-degree rape and one count of sexual contact with a child
younger than 16. He faces up to life in prison if convicted.
Fourth Circuit Judge Warren Johnson has denied requests by
Steve Christensen, Day's attorney, to set bond in the case.
"We intend to bring this back to the court's attention at the
next hearing," Christensen said.
Bond has been set for those charged in several recent cases
involving similar crimes not long after those people were taken
into custody.
At Day's last court hearing, Christensen brought up the case
of Ted Klaudt, 49, the former state representative from Walker
charged in two counties with several counts of having sexual
contact with two girls.
In Corson County, Klaudt was given a personal recognizance
bond, meaning he was freed without having to pay, and in Hughes
County, his bond was set at $100,000 cash or surety.
George Krenz, 30, the Hot Springs teacher charged in May with
furnishing alcohol to several students and having sex with some of
them, is free on a $500 bond.
Kasey Onken, 34, of Rapid City, a man charged five counts of
criminal pedophilia for allegedly raping a young girl, is free on a
$50,000 bond.
Thomas Muhm, 41, a Rapid City man recently convicted by a jury
of raping two young boys, was in jail on a $500,000 bond before his
conviction.
Meade County State's Attorney Jesse Sondreal said it is wrong
to compare one case to another because there are so many different
factors.
"Every case is different, every judge is different, and every
defendant and prosecutor is different," Sondreal said.
He said the reason he has asked Johnson not to set bond in the
case is that Day continues to pose a risk to the community.
"I don't think it's fair to weigh other cases against this
case," Sondreal said. "We feel that this is an appropriate bond
based on the facts of the case."
Seventh Circuit Judge Jeff Davis, who is not involved in the
Day case and did not comment on it specifically, said the main
purpose of bond is ensuring that a defendant appears at all court
proceedings.
"Bond can't be used in a punitive manner," Davis said. That
law is based on the assumption that all people are innocent until
proven guilty either by being convicted by a jury or by pleading
guilty.
State law says factors to be considered by a judge setting
bond are the nature and circumstances of the offense charged, the
weight of the evidence against the defendant, the defendant's
family ties, employment, financial resources, character and mental
condition as well as his residence in the community, his record of
convictions and his record of appearance at court hearings. Also
taken into consideration is the risk that the defendant will flee
or pose a danger to any person or the community.
Day has no criminal background and has strong ties to Meade
County. He was born and raised in the area. He and his wife own a
house in Summerset.
So Day may have no criminal history and may have strong ties
to the area that might ensure his court appearances, but Sondreal
said there is one main reason Day is still in custody.
"He's a threat to the community," Sondreal said. That is why
he has continued to ask Johnson not to set bond for Day when the
issue is brought up in court.
Christensen said he will renew his request for bond to be set
for Day at Day's next hearing July 9 in Sturgis.
In addition to setting a bond, judges usually put certain
case-specific bond conditions into place.
Those often include that the person must obey all laws, not
have contact with any alleged victims in the case, make all court
appearances and not leave the jurisdiction.
"A judge can set bond on all available information including
hearsay, things that normally would not be able to be used at
trial," Davis said.
He said judicial training courses are offered that discuss
criminal procedure and the aspect of bond.
"We just have to do what we think will guarantee court
appearances," he said.
In addition to setting a bond, judges usually put certain
case-specific bond conditions into place.
Those often include that the person must obey all laws, not
have contact with any alleged victims in the case, make all court
appearances and not leave the jurisdiction.
If the crime involved alcohol use, bond conditions may require
the defendant to refrain from using alcohol and participate in the
24/7 sobriety program.
"You tailor it to the nature of the offense and the
individual," Davis said.
He said no bond is generally set for the most serious of
offenses.
"Setting no bond is still a bond," he said. "It means you're
on the high end of those statutory conditions and have failed
almost all categories."
Davis said he reviews all files in a case before a bond
hearing where the prosecution and the defense state what they
believe bond should be set at.
Judges differ on how they set bond just like they differ in
other aspects such as sentencing.
"You bring the whole picture together and try to determine
what will guarantee the appearance," Davis said.
Contact Katie Brown at 394-8318 or
katie.brown@rapidcityjournal.com
