By Paul Janczewski
The Flint Journal
FLINT, Mich. — A judge’s decision to keep a pregnant woman in the Genesee County Jail is creating controversy, with Sheriff Robert J. Pickell complaining to county officials that taxpayers should not have to pick up the cost of caring for her.
Pickell’s complaint to the Genesee County Board of Commissioners last week centered on the “considerable amount of money” housing the woman would cost taxpayers after Flint District Judge Herman Marable Jr. declined to lower her bond.
The woman was taken to an Ann Arbor hospital for several hours of prenatal care when complications arose, which required two deputies and around-the-clock guards, Pickell said.
“Why should the taxpayers have to pay all the prenatal care for this woman?” Pickell said.
But Marable said the unborn child was at risk if the woman was returned to the streets. And another judge said it is not unusual for pregnant women to be held in the jail.
The woman, Laverne L. Hirnes, 31, is charged with prostitution-accosting/solicitation, third offense, a 2-year circuit court misdemeanor.
Marable said he did not grant her a personal bond - meaning she would not have to actually post any money to be released - after her preliminary examination concluded Tuesday because of her substantial record that includes 49 misdemeanor convictions, many for prostitution-related offenses.
She also has a history of not showing up for previous court cases, drug problems and treatment for mental and psychological issues.
Marable set a $5,000 cash bond for Hirnes after the hearing, meaning she would have to post money to be released.
Her attorney, C. Fred Robinson, asked that it be lowered because she is charged with a nonviolent crime.
Robinson also argued that the county should not be responsible for paying for her prenatal care and noted many defendants facing similar charges are issued personal bonds.
“She looked like she was about to deliver in court,” Robinson said.
Jail officials said Hirnes was lodged in the jail Sept. 13 after her arrest and was held on a $7,000 cash bond set by Marable until her preliminary hearing.
But problems arose when the unborn child developed possible drug-withdrawal symptoms, Pickell said. Hirnes was taken to an Ann Arbor hospital Sept. 27 and returned to the jail several hours later.
When Marable declined again last week to change her bond, Pickell sent a representative to talk to him.
After Marable declined again, Pickell complained to county commissioners.
Pickell said Hirnes could have been placed on tether or been subjected to some other method that ensured she would return to court.
“Judge Marable is costing this county a considerable amount of money,” Pickell said.
“If (Marable) was paying the money out of his own pocket for prenatal care, I guarantee he would have given her a personal bond. But it’s not his money, it’s someone else’s.”
Hirnes delivered the baby in a Flint-area hospital Tuesday.
On Friday, Marable released the woman on personal bond, which would have allowed her to return home after she was released from the hospital, Robinson said today.
He did not know if she is at home.
It is unclear whether the county is responsible for Hirnes’ hospital bill, Robinson said.
Hirnes also is charged with trespassing in another case. Flint District Judge Ramona M. Roberts issued a $5,000 personal bond in that case.
Flint District Judge Nathaniel C. Perry III said it is not unusual for pregnant women to be lodged in the county jail.
But he said judges must weigh several factors when doing that - jail overcrowding, the nature of the offense, and what resources it will cost taxpayers should complications arise.
Perry said the safety of the mother, the unborn child and the community all have to be weighed to determine the best placement in these cases.
Marable said he is glad the woman delivered the baby in a “clean, safe hospital” and not “on the streets or dumped into a garbage can.”
He also said taxpayers are going to pay for this woman and her problems either now or later.
Copyright 2007 Flint Journal