Judge denies prosecution’s ‘Aniah’s Law’ request

Published: Dec. 29, 2022 at 3:52 PM CST
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MOBILE, Ala. (WALA) - A second judge has denied prosecution the application of “Aniah’s Law” in the case of a 2014 murder and kidnapping.

Last Thursday, prosecutors argued during their appeal that Jevoris Durmaine Scarbrough, who is accused of the kidnapping and killing of 29-year-old David Patrick Kyles in 2014, be held without bail under the new “Aniah’s Law”, which allows a judge to deny bail to people charged with murder and other serious offenses.

The judge reinstated the initial bond of $400,000.

Scarbrough’s defense attorney Tom Walsh argues that prosecution presented no new evidence.

“Judge Moore made the correct decision under the U.S. Constitution as well as Aniah’s Law. The State presented no new evidence that it didn’t have eight years ago. It simply decided to issue an arrest warrant on what the prosecution called old ‘circumstantial evidence.’ Sgt. Crepaeu testified that MPD didn’t have anything today that it didn’t have 6-8 years ago. The State’s argument that no condition or combination of conditions of release would reasonably assure the defendant’s presence in court, or protect the safety of the community did not hold water. If that were the case, an arrest warrant would’ve been issued eight years ago.”

“Aniah’s Law” was overwhelmingly approved by voters in November and just recently took effect. It is named after a woman who authorities say was kidnapped and killed in Lee County by a man who was out on bail for another offence.

This was the Mobile County District Attorney’s Office first attempt to apply the law.


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