PITTSBURGH — Two arson suspects are accused in the same case and facing the same charges, but one is behind bars on a $100,000 cash bond, and the other was released without paying a cent.
Chief Investigator Rick Earle is taking a closer look at this case and how this happened.
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While the defendants are facing the exact same charges, they appeared before two different District Judges, who made two very different decisions.
And that’s not sitting well with police and the Allegheny County District Attorney’s Office.
The fire heavily damaged a home on Pittsburgh’s South Side. Investigators say it was intentionally set in a bathroom by two women who were visiting the owner and became upset over a dispute involving a car.
Four people were in the home at the time. They all managed to get out safely.
Shortly after the fire, police arrested one of the suspects, Ciara Pro, but District Judge Leah Williams Duncan agreed to release Pro on non-monetary bond.
That decision drew sharp criticism from some police officers and the Allegheny County District Attorney’s Office.
The DA’s office quickly filed a bail review request and sent this statement to 11 Investigates.
“We respectfully disagree with the ruling. In light of the defendant’s danger to the community, we’re carefully considering the appropriate next steps.”
But Judge Duncan told 11 investigators she followed the recommendations of pretrial services and also set certain conditions, requiring Pro to report to pretrial services the next day and ordering no contact with any of the victims.
Earle spoke with long-time District Justice Jim Motznik about the decisions that go into setting bond.
“I did 12 bail hearings this morning and out of those 12, I denied bail for three of them, I deemed to be a danger,” Motznik said, who declined to talk about the specific case involving the arson defendants.
Motznik told Earle that bonds are important to guarantee a defendant’s appearance and protect the public.
“When the judge looks at it, that hopefully they realize that if someone is in danger that bail should be denied or a high monetary number should be placed so that they are at least responsible for showing up and staying away from the victim,” Motznik said.
Two years ago, District Justice Xander Orenstein was barred from hearing arraignments after repeatedly releasing defendants accused of serious crimes on no-cash bail.
Orenstein continued hearing cases, but is still banned from arraignments where bonds are set.
And while Ciara Pro was released without having to post bond, the other suspect, Aubrey Panella, was arrested a week later and her bond on the same charges, including aggravated arson and endangering persons, was set at $100,000 straight cash.
Earle: Is it a concern to you that it fluctuates so much or there’s such a discrepancy?
Judge Motznik: It is what it is. I mean there’s 46 of us Judges in Allegheny County, Magisterial District Judges, and everyone has their own opinion, but we should all be on the same page when it comes to what’s a danger to the victim and what’s a danger to the community.
Panella is also facing a separate charge of simple assault in a different case.
Her bond was set at $2,500 in that case.
11 Investigates reached out to the President Judge and the Fifth Judicial Courts, and they are aware that the Allegheny County District Attorney’s Office is reviewing the case, and they declined any further comment.
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