Ex Parte Riku Melartin, 2015 Tex. App. LEXIS 3240

Background:

Melartin was indicted on nine felony counts (including sexual assault of a child, indecency with a child, compelling prostitution, sexual performance by a child, and tampering with a witness) arising from conduct in 2012.
Trial court originally set aggregate bail at $410,000; Melartin posted bonds and was released under electronic monitoring and other conditions.
Pretrial supervision citations occurred (curfew violations, reporting errors, GPS charging problems); bail was briefly revoked and then reinstated with a new GPS device.
Melartin was later arrested in Galveston County for DWI and alleged bribery while on bond; State moved to deny bail in Harris County and the trial court summarily granted the motion, then later set bail at $800,000 per case (aggregate $7.2 million) after a habeas hearing.
At the habeas hearing the State emphasized bond violations and the new felony charge; Melartin presented witnesses offering treatment placement, bondsman support, and cash security. The trial court increased bail to $800,000 per case.
The court of appeals reviewed whether the trial court abused its discretion and reformed the order, reducing bail to $100,000 per case (aggregate $900,000) and affirming as reformed.

Issues:

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether increase from existing bail to $800,000 per case was supported by good and sufficient cause	State: Melartin flagrantly disregarded court orders, committed new felony while on bond, justifying a large increase	Melartin: prior bail and supervision compliance, limited/technical violations, treatment and financial security available; increase is excessive	Court: Abuse of discretion; good and sufficient cause not shown for $7.2M aggregate; bail reformed to $100,000 per case (aggregate $900,000)
Whether Melartin was an unusual flight risk justifying high bail	State: Noncitizen status and possible foreign ties create flight risk	Melartin: surrendered passport, attended all court dates, monitored by GPS, strong local ties and bondsman support	Held: Record does not show unusual flight risk; factor weighs against a major bail increase
Whether community/victim safety required very high bail	State: DWI arrest and alleged disregard for conditions show public danger	Melartin: no evidence of contact with alleged victims, GPS/curfew violations minor or due to defective device, treatment available	Held: No evidence of threat to victims; only moderate increase (if any) might be justified for public safety concerns
Whether the increased bail constituted an instrument of oppression (punitive use of bail)	State: high bail needed to ensure appearance and protect community	Melartin: seven-figure aggregate bail effectively detains and punishes pretrial; burdens presumption of innocence	Held: Trial court’s reasoning suggested punitive motivation; $7.2M aggregate was oppressive and inconsistent with bail’s purposes

Key Cases Cited

Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (standard for reviewing bail and primary factors: nature of offense and punishment)
Ex parte Benefield, 403 S.W.3d 240 (Tex. Crim. App. 2013) (bail should not be used to keep a person off the streets or to coerce plea)
Pharris v. State, 165 S.W.3d 681 (Tex. Crim. App. 2005) (bail may not be increased as a sanction)
Ludwig v. State, 812 S.W.2d 323 (Tex. Crim. App. 1991) (reduction of excessive bail on appeal)
Ex parte Bogia, 56 S.W.3d 835 (Tex. App.—Houston [1st Dist.] 2001) (setting bail so high it guarantees detention undermines presumption of innocence)
Ex parte King, 613 S.W.2d 503 (Tex. Crim. App. 1981) (failure to flee despite opportunity weighs against increasing bail)
Ex parte Durst, 148 S.W.3d 496 (Tex. App.—Houston [14th Dist.] 2004) (high bail justified where defendant fled and hid funds in non‑extradition country)
Meador v. State, 780 S.W.2d 836 (Tex. App.—Houston [14th Dist.] 1989) (minor tardiness on curfew does not justify increased bail)