Tuesday, November 3, 2009

Jail Instead of Bail

Rejecting a bail amount acceptable to prosecutors and the financial adviser accused of bilking an elderly woman out of $1 million, a Nassau judge ordered the suspected swindler jailed last week on more than seven times that amount.

With a bail bondwoman in the courtroom Friday ready to sign off on his release, suspected swindler John Mondello instead went off to jail, his family unable to post the $750,000 set by Judge Donald H. Birnbaum. Prosecutors asked for bail of $100,000.

"I'm very concerned about the exploitation of [the] . . . elderly," Birnbaum told Mondello, who pleaded not guilty to first-degree grand larceny and other charges in the alleged fleecing of the 84-year-old from Queens.

The judge rebuffed an impassioned argument by Mondello's defense attorney, David Scott Smith of Uniondale, that his 61-year-old client showed he's not a flight risk by staying in town during the police investigation and then voluntarily surrendering to detectives.

Said the judge: "At his age, I don't know if any amount of bail would be sufficient," especially given that the grand larceny charge alone could carry mandatory jail time.

Full Article and Source:
Judge Drives Up Bail of Suspected Swindler of Woman, 84

6 comments:

  1. Thank you, Judge Donald H. Birnbaum. Your action reminds us that there are good judges out there who really try to do a fair job.

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  2. wow i am so impressed i love this judge who is on the side of law and order and tough on crime especially when the victims are easy targets vulnerable folks the elderly betcha that swindler offender John Mondello and his defense attorney needed depends when the judge upped his bail right there in court and the perp went off to jail this is great powerful message thank you Judge Donald H. Birnbaum for speaking for us

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  3. This is cause for a celebration!

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  4. It made my day to see a judge do the right thing.

    Thank you, judge Birnbaum.

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  5. The judges decision sends a strong members to the seniors of his community - this judge gets it!

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  6. Yes, jerri, I was thinking the same thing - I hope Mondello was indeed wearing depends when the judge pulled the rug out from under him and his attorney!

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