See “Travesty of Justice” below for background.
I missed a point in my earlier post which I want to bring out. This is quite important.
It concerns a statement near the end of the article in question (link to the original report here)
which says that “(Ravalli County Justice) Bailey voiced hesitation for releasing Lowry on his own recognizance.” The reason for his hesitation was this. “I worship that flag…” “I put my life on it.”
Now wait just a doggone minute. Bailey was reluctant to release Lowry on his own recognizance because he…was a potential flight risk? Swore that he’d finish what he had started? Represented some possible danger to himself, his neighbor, Stevensville, Ravalli County? No, on the contrary, Bailey expressed hesitation because Lowry had attacked and tried to destroy the flag which Bailey worships.
This is completely out of line for a county judge and he should be called on it. If the article in question is written to accurately reflect the truth of the matter, then it seems that “Justice” Bailey allowed his own personal feelings, emotions, and beliefs to overrule his duty to administer the law. The only thing he should have considered in deciding whether to release Lowry before trial were these two things. Was Lowry a danger or menace to anyone within the community? Would Lowry have bolted if he were turned loose? If the answer to either of these questions was “Yes”, then Bailey should have immediately ordered him held in jail until the hearing. However, if it could be determined that Lowry was neither a danger or flight risk, then there was no reason not to turn him loose on bail or his own recognizance . There should have been no hesitation at all. Mr. Bailey’s viewpoint concerning the flag should not have even entered the conversation.
One definition of a tyrant is that he rules by fiat in complete disregard for the law or his subjects. Do I need to say anything more?
Poor Roger's Almanac 