GROUND FOUR: EXCESSIVE BAIL IMPOSED
The Defendant was deprived of his rights under the Eighth
Amendment to the Constitution in that bail was denied or excessive rendering
him unable to prepare his defense because of his incarceration during the
period of the inordinate delays discussed under the speedy trial ground above.
It will become apparent when this petition is considered in
toto that the police and prosecution had no interest in investigating the
murder of Emogene Thompson and neither did the defense counsel
retained by Chapel. The only one who had
any interest at all in ascertaining the facts surrounding the crime was Chapel
himself, and Chapel was incarcerated with bail set so high that it constituted
denial, thus preventing him from assisting in his own defense.
In Mullinax v. State, 271, Ga. 112 (1999), citing Stack v. Boyle, 342
U.S. 1, 5 (72 S.C. 1, 96 LE 3) (1951), the Supreme Court of the State of
Georgia held as follows:
Excessive Bail is prohibited by the
Georgia Constitution (GA. Const. 1983, Art. I, Sec. I, Par. XVII) and the
Eighth Amendment to the U.S. Constitition. For purposes of the Eighth
Amendment, excessive bail is defined as bail set at an amount higher
Page 113
than an amount reasonably calculated to
insure the presence of the defendant, Stack v. Boyle,
342 U.S. 1, 5 (72 S.C. 1, 96 LE3)
(1951). When fixing bail in Georgia, a trial judge’s foremost
consideration is the probability that the accused, if freed, will appear at
trial and to a lesser extent “the accused character and reputation, [Cit.]”
Spense v. State, 252 Ga. 338, 341 (2) (b), etc.
Michael
Chapel was an outstanding citizen, an eagle scout, a United States Marine[1],
a highly commendated police officer, a devoted husband[2]
and father to two children[3]
and a small business owner in the community. The one half million dollar bail
imposed upon him would have been not only enough to bankrupt him but would have
bankrupted his many friends and relatives over several Georgia counties. It is
tribute to Michael Chapel that this inordinate amount was being met when the
rules were changed on him[4],
and any hope that Chapel had to assist in his own defense was blocked. The
results of this are only painfully demonstrated by the facts brought forward in
this petition. If it is argued that Chapel would have interfered with the
investigation, there was no investigation. A careful look at the crime scene
and autopsy would have cleared him.
[4] See Document Exhibit 4-01, Newspaper article “Accused officer’s family says sheriff being unfair. Claim attempt to raise bail is being blocked.” Dated May 28, 1993.
