Feb 23, 2009 11:05 pm US/Eastern
DUI Activists Blast Leyritz Court Ruling
FORT LAUDERDALE (CBS4) ―
A judge in Fort Lauderdale ruled Monday morning that former NY Yankees Catcher Jim Leyritz will be allowed to stay out on bond despite his being re-booked for trying to drive his car four times after drinking. He's out on a technicality, and that has some folks fuming. But others say instances like this, show our legal system is working.
Leyritz is accused of DUI manslaughter. Police say he was drunk and ran a red light killing mother of 2, Fredia Veitch, in 2007.
The Judge ruled that Leyritz did not violate the terms of his pre-trial release when he drank alcohol and tried to drive 4 times, because a recent Judge's order did not specifically ban him from drinking while he awaits trial. That information was discovered, when Leyritz blew into the ignition device placed in his car as part of his pre-trial release.
The ruling has Helen Witty's blood boiling. Her daughter was killed by a drunk driver in 2000.
Witty told CBS 4 Reporter Natalia Zea, "If you killed someone in a DUI crash, would you have to be told, would anyone have to be told not to drink and drive? It makes no sense," she said.
Other accused drunk drivers have been denied bond recently.
Henry Sandoval is still locked up, after police say he killed two people in an alleged DUI crash Friday.
Judge Rosa Rodriguez has twice refused to give Gabriel Del Risco bond after police say he crashed into a family mini-van, killing 3 children. Del Risco has a previous DUI conviction.
Witty believes Leyritz should also remain locked up.
"It is incomprehensible to me that he would be released again into our community. He is a clear danger to our community," she said.
DUI Attorney Lloyd Golburgh says the judge in the Leyritz case is following the law. He said judges have to consider past records, and flight risk as a factor when deciding bond.
"We should be thankful that judges do take these matters on a case by case basis," he said, "Rather than on a one size fits all because every situation is different."
Golburgh also believes judges should do all they can to protect a defendant's rights, including Leyritz' rights.
"At this point its simply an allegation that must be proven beyond a reasonable doubt."
The Judge has now made it clear to Leyritz that he may not drink at all while he's out on bond, awaiting his trial.
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