May 2, 2016
We have learned that there is a hearing set for May 3, at 1:30pm, on Bob Bates’ “Motion for Bail Pending Post Trial Motions”. However, under Oklahoma law, Mr. Bates is categorically ineligible for post-conviction bail.
Specifically, under 22 Okla. Stat. § 1077:
“[b]ail on appeal shall be allowed on appeal from a judgment of conviction of misdemeanor, or in felony cases where the punishment is a fine only” and “[b]ail on appeal … shall not be allowed after conviction of … [a]ny felony … for which the evidence shows that the defendant used or was in possession of a firearm or other dangerous or deadly weapon during the commission of the offense….”
Because Mr. Bates was convicted of a felony where the punishment includes incarceration and because he used a firearm during the commission of a felony, bail is simply not allowed.
Further, even if the Court were to somehow determine that § 1077 is inapplicable, Mr. Bates should still be held without bond, as he is a flight risk. Bates is the rare convicted felon with the financial resources to leave the State, or even the Country, and support himself for years while on the lam.
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