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Rep. O’Neal supports efforts to require cash bail for suspects accused of violent crimes
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Rep. O’Neal supports efforts to require cash bail for suspects accused of violent crimes

Rep. of State Tim O’Neal

A local state lawmaker wants to pass changes that would require magistrates to set cash bail for suspects accused of violent crimes after a defendant who was released from a robbery last year allegedly fatally stabbed a man earlier this week.

State Rep. Tim O’Neal, R-South Strabane, posted on his official Facebook page Wednesday announcing his intention to file charges against U.S. District Judge Xander Orenstein, though the lawmaker walked back Thursday’s statement and said that would prefer to see legislation. mandating cash bonds for violent crimes.

“The key message I wanted to get across with (the Facebook post) is that we’re willing to take all options on the table to make sure these dangerous decisions stop,” O’Neal said in a phone interview Thursday.

Orenstein came under fire this week after Anthony Quesen was accused Monday of fatally stabbing state police liquor control officer Benjamin Brallier while jogging on the Montour Trail in Moon Township. Quesen, who also goes by the name Antonia Kaseim, was arrested and charged in June 2023 with robbery and assault on a man in Point State Park in Pittsburgh. However, Orenstein released the defendant on a non-monetary bond, and the suspect never appeared for subsequent hearings, resulting in the bond being revoked.

“Really, what it comes down to is that the people of Allegheny County who voted for (Orenstein) were voting to let violent criminals off the street,” said O’Neal, who serves as the House Republican whip. “I think there needs to be legislation to prevent judges from making these decisions – especially for violent crimes. Calling could (also) be one of those ways.”

State Sen. Devlin Robinson, R-Bridgeville, has introduced such legislation in the Senate, though it’s unclear whether there is the political will to pass both chambers or even if it would be considered constitutional, as it could handcuff a co-branch equal of the government.

Although O’Neal said starting impeachment proceedings against Orenstein is still an option, the trial is too late this year to happen immediately and won’t happen until January at the earliest, when the new legislative session begins. Instead, they would like the state House to debate the non-monetary bond issue and find a bipartisan solution, with Orenstein’s impeachment as a last resort option if the legislative process fails.

“The reality is we are out of session days. Whatever happens, it basically has to start with the new session,” O’Neal said. “There are many colleagues who are interested in taking the lead on this. We want to say that we, House Republicans, are willing to do whatever it takes to correct the script.”

Over the past year, Orenstein has focused on the magistrate’s propensity to offer defendants non-monetary bonds regardless of the circumstances.

In September 2023, Orenstein released Yan Carlos Cepeda from New York, despite the fact that he was arrested on a bus in Pittsburgh, allegedly carrying a large amount of cocaine. With no monetary conditions attached to his release, Cepeda failed to appear at his preliminary hearing and was not found for months until he was arrested in New York.

In April, Orenstein set no cash bail requirements for Hermas Craddock of Penn Hills after he allegedly led police on a high-speed chase that involved him throwing a gun out a window. Craddock left the area and failed to appear for his preliminary hearing and was eventually arrested in Florida.

After the second incident, the Allegheny County court administrator and presiding judge stripped Orenstein of supervising pretrial hearings, when bail is set for criminal defendants.

“It’s been three times now. To prevent this in the future, we are willing to draft legislation up to and including impeachment,” O’Neal said. “We’ll have to wait and see which way we really want to go to see what kind of political support we get in Harrisburg. There is no question, if the Democratic representatives of Pittsburgh listen to their constituents, they will support our efforts.”