TUCSON, Ariz. (13 News) – Bail is at the center of discussion following the arrest and subsequent release of a suspect in a domestic violence case Zahriya Moreno was then placed on life support.
In an exclusive interview with 13 News, Pima County District Attorney Laura Conover clears up misconceptions about her team’s handling of the bail process during initial hearings, such as in the Moreno case.
Angelito Olivas, 25, was released on $2,500 bail after Moreno allegedly sat on the trunk of his car and suffered life-threatening injuries. The initial police report said Olivas knew Moreno was on the trunk and continued driving.
Moreno’s family told 13 News she was placed on life support on Monday and her organs were donated on Wednesday. Below is a video of the emotional Honor Walk.
Conover points to the district’s original hearing system and blames it for possibly not giving the presiding judge a full picture of the incident.
“Once again we have a case and so many examples where we find that the first appearance system is inadequate,” Conover said.
Conover said only a few hours passed between Olivas’ arrest and his first hearing, but prosecutors still tried to set an appropriate bail for the aggravated assault charge.
“Our prosecutor used the limited information he had and made a serious case to keep the suspect in custody using the only system we currently have available that allows for bail under state law,” she said.
Contrary to the analysis by current attorneys and former district attorneys of a preliminary complaint about the incident, which 13 News reported yesterday, Conover said prosecutors recommended that the judge set bail for Olivas at $10,000.
“Given the limited information we had, our prosecutors argued vigorously for bail of $10,000,” Conover said. “The judge decided on his bail of $2,500, which he was able to pay, and he was released.”
Many wondered why this low bail amount was so low. Conover attributed this to a possible lack of information, which is common at initial hearings because the current system requires quick processing.
Conover said because the court was unable to contact/speak with Moreno, the judge did not know if Moreno was in the hospital at the time of the hearing. She was not there to conduct a risk assessment, which is often done in domestic violence cases.
“The initial hearing happens so quickly that there is very little time for law enforcement to fully evaluate the evidence they have to give the judge a comprehensive picture of what is going on,” Conover said.
Conover went on to say that law enforcement and detention agencies consistently do not have enough time to gather enough information to make recommendations about fair bail, blaming the way the current cash bail system is set up.
For this reason, since 2021 it has been pushing for a systemic change at several levels of the judicial system, such as the Supreme Court, the High Court and the district parliaments.
“Bail continues to fail us on both ends of the spectrum and is deeply ingrained in the culture (of Pima County),” she said.
Conover said she is fighting to extend the time between initial arrest and initial pretrial hearings to give everyone more time to gather information and make informed bail decisions.
“(The current system) really undermines our ability to have a thoughtful process for what is arguably the most important hearing of an entire case,” she said. “Whether or not the defendant is in custody will affect the rest of the prosecution.”
Conover said she could not go into the specifics of the case, but could reference the bail issue, as it had been discussed in previous 13 News reports.
In addition to initially reforming pretrial hearings, Conover and her team are trying to educate people about the signs of violent offenders and help them gather information so bail amounts can be set appropriately.
Be sure to subscribe to 13 News’ YouTube channel: www.youtube.com/@13newskold
All rights reserved.
