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Friday, April 15, 2011

Fury Erupts As Judge Frees Career Burglar Without Bail

Fury from Bronx merchants as judge frees career burglar - without bail
The New York Daily News by Mike Jaccarino  -  April 14, 2011

Judge Joseph Capella is not the most popular man along Third Ave. in the Hub these days. The Bronx jurist has drawn the ire of merchants there after freeing without bail a career burglar arrested on seemingly ironclad evidence: DNA he left at the scenes of his alleged crimes. "It's crazy," Jose Abreu, manager of a Radio Shack, said of Capella's decision to release Pedro Miranda.  "He'll do it again. He'll do another store around here. Or maybe next time it'll be my house, God forbid, or even your house." "Why would he let him go?" asked Sue Ryu, manager of Feel Beauty. "I would fire that judge if they had proof. It doesn't make any sense." Miranda, 48, of Manhattan, has seven prior arrests, five of them for burglary. He was arrested April 4 for allegedly breaking into the T-Mobile store near 152nd St. twice last fall. After hours on Oct. 18, Miranda allegedly hollowed out a hole in the roof of the T-Mobile outlet and stole two Nokia phones, two Samsung phones and a T-Mobile tap cell phone and dumped the cash register on the floor.  Inside the ceiling, cops recovered a wool hat left behind. A week later, police say Miranda did it again, entering the same way and making off with three cell phones. This time, police recovered a red-handled wire cutter from inside the ceiling. Cops worked up a DNA profile based on the wool hat and wire cutter and matched it to Miranda. His DNA profile was already on file with the state DNA forensic data bank. Miranda was tracked down at a homeless shelter on Lafayette Ave. and arrested on charges including burglary, trespass, petty larceny and possession of stolen property. At his arraignment on April 6, a prosecutor requested $25,000 bail, citing Miranda as a flight risk and someone with a long rap sheet for similar offenses. Capella, a Civil Housing Court judge who just started hearing criminal cases in January, freed Miranda without bail. A spokesman for the Office of Court Administration, who spoke with Capella following the decision, said that judges can set bail only to ensure a defendant's return to court, not to punish someone yet to be convicted of a crime. Miranda's Legal Aid lawyer did not return a call for comment. The manager at the T-Mobile declined to comment, but Vincent Valentino, a retired cop and the executive director of the Third Avenue Business Improvement District, was furious. "The cops brought the guy in, they did a very good job and now he's out on the street," Valentino said. "This guy must feel like, 'Hey, I can get away with anything I want. The judge cut me loose, I'm going out there to make more money.'"


Anonymous said...

Wait a minute.

How is this guy a judge for this?

Isn't this a criminal matter?

According to the Court's own website, he is either a housing court judge or a judge in the civil court in NYC.

Hon. Joseph Capella

New York City Civil Court, New York County
111 Centre Street
New York, NY 10013
(212) 374-6249

This is unbelievable.

The entire judiciary is just one big joke.

They just make this stuff up as they go along.

Anonymous said...

And another thing:

The NYS Constitution states in Article VI, §15. a;

"The judges of the court of city-wide criminal jurisdiction shall be residents of such city and shall be appointed for terms of ten years by the mayor of the city of New York."

The court's website says that Pfau & Lippman gave this guy the job.

"Judge, Housing Court, Civil Court of the City of New York ,New York County, Appointed by Chief Administrative Judge Jonathan Lippman, 2004 to 2009; Re-appointed by Chief Administrative Judge Ann Pfau, 2009 to 2014"

So,Who are the real criminals here?

jail4judges said...

go to jail, do not stop and this moron is a judge? how much did he pay to get the job?

Anonymous said...

OCA is a I sat next to many, many judges in my career...and lots of bail is punitive, under the guise of I am setting bail for your DWI or misd, even though you work and live in this area for decades, with lots of family and are NO risk for fleeing, but bail seems just so politically correct and I dig punishment, as it makes me the powerful one....and besides OCA has sanctioned the... screw anyone you can, however you want to, as WE THE, COURT ARE THE RULERS OF NY STATE GOV.... and we always gotchure BACK! need to pass your crazy crap somewhere else in this are messed up corrupt and liars , as multiple judges enmasse, set bail daily on everyone that comes in front of them.
Most judges can't read the criminal history is too cluttered with numbers and incomplete information...the document used to set bail, along with personal hisory of residence.

Anonymous said...

The point is, this guy is not a judge.

In order to be a judge, you have to be in the position as the Constitution and Laws mandate.

Pfau & Lippman can't make this guy a judge. Just because they want to make everyone believe they can do what they want, they can't. Unless people are going to start challenging these "judges", nothing will change.

This is a good case of where the DOJ should investigate these two.

This certainly looks like a crime was committed, and not by the burglar.

Anonymous said...

I work for OCA. I am waiting for my pick slip. I am hoping that His Highness Jonathan Lippman uses the letterhead that includes: State of New York, Unified Court System, $23Million Dollar Judge Hotel, Albany, New York. Lippman and Pfau, and their crew, have ruined a court system and ruined many peoples' lives. Everyone I know is ready to speak out against the corruption that has been written about- it's all true.

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