Aniah’s law faces scrutiny after recent Alabama bond cases
Recent cases in Alabama have raised questions about the application of Aniah’s law, which allows judges to deny bond for certain violent crimes.
Recent cases in Alabama have raised questions about the application of Aniah’s law, which allows judges to deny bond for certain violent crimes.
Aniah’s law, named after Homewood native Aniah Blanchard, who was kidnapped and killed in 2019, is under scrutiny after recent cases in Alabama highlighted its limitations and exceptions.
The law, which allows judges to deny bond to defendants charged with specific violent crimes, was enacted after Ibraheem Yazeed, the man convicted of killing Blanchard, was out on bond for a prior violent kidnapping and attempted murder case at the time of her death.
Court records show that Devon Boyd, accused in a deadly shooting in Graysville last month, was recently released on bond. Last week in Blount County, Robert Lisle was also released on bond after his Aniah’s law hearing on rape and human trafficking charges.
In another case, Billy Wayne Reid was arrested in Walker County last month for capital murder in the death of his girlfriend, Sandra Moore. The alleged crime occurred shortly after Reid was released on bond for kidnapping and domestic violence charges. However, Aniah’s Law did not apply in Reid’s case because his second-degree kidnapping charge was classified as a Class B felony, not a Class A felony. Reid was granted a $30,000 cash bond with the expectation he wouldn’t pay it. Moore’s murder has since sparked public outcry over why Reid’s case did not fall under Aniah’s Law.
Here's a list of all the criminal offenses that allow the state to seek no bond or pretrial detention under Aniah's Law
- Murder, as provided in Alabama Code Section 13A-6-2.
- Kidnapping in the first degree, as provided in Alabama Code Section 13A-6-43.
- Rape in the first degree, as provided in Alabama Code Section 13A-6-61.
- Sodomy in the first degree, as provided in Alabama Code Section 13A-6-63.
- Sexual torture, as provided in Alabama Code Section 13A-6-65.1.
- Domestic violence in the first degree, as provided in Alabama Code Section 13A-6-130.
- Human trafficking in the first degree, as provided in Alabama Code Section 13A-6-152.
- Burglary in the first degree, as provided in Alabama Code Section 13A-7-5.
- Arson in the first degree, as provided in Alabama Code Section 13A-7-41.
- Robbery in the first degree, as provided in Alabama Code Section 13A-8-41.
- Terrorism, as provided in subdivision (b)(2) of Alabama Code Section 13A-10-152.
- Aggravated child abuse, as provided in subsection (b) of Alabama Code Section 26-15-3.1
Criminal defense attorney Mary Turner explained the factors judges consider during Aniah’s Law hearings.
"He's going to look at the criminal history of the defendant. He's going to look at the facts and circumstances surrounding the case. He's going to listen to the police officer or any other witness regarding the facts of the case. And he's going to also consider the likelihood of conviction," Turner said.
For defendants likely to be convicted, the risk of flight increases, which can lead to bond denial under Aniah’s Law.
Turner also noted that exceptions to the law can be made depending on the jurisdiction.
"Possession of child porn, that is not a Class A offense. And so the court or the presiding judge here in Tuscaloosa added that as something that you need to have no bond and you need to see a judge before a bond is set," Turner said.
Despite its limitations, the law has been successfully applied in some cases. In Cullman County, the district attorney’s office secured no bond for three cases, including attempted murder, first-degree kidnapping, and first-degree burglary.