‘What is the protocol?’: An in-depth look at Monroe County’s Electronic Monitoring Program

ROCHESTER, N.Y. (WROC) — Family and friends came together Thursday to celebrate the life of Melikah Bruner. A victim of domestic violence, she suffered fatal blows to the head and upper body.

The man accused of killing her, Walter Balkum, was ordered to wear an ankle bracelet back in June due to previous assault charges. The device, which did not include GPS tracking, was removed days before Bruner was beaten to death. But what purpose did it serve while it was on?

News 8 sat down with Walter Balkum’s Attorney Ted Barraco. He said he and Balkum appeared in court on Aug. 22, five days before the death of Bruner. A member from the county’s Pre-Trial Supervision team argued Balkum left his house, which they claimed was a violation of his pre-trial order. This was involving a pending felony assault charge where Balkum was accused of beating his girlfriend.

Barraco argues, that was not the case.

“Apparently, the Judge wasn’t aware. I know I wasn’t aware, and Mr. Balkum wasn’t aware that these ankle monitors do not have GPS capability, and that the ankle monitor he was wearing, I believe, was an old style which I think it attaches to a home landline phone only and can only tell if the individual is in his house or out of his house,“ Barraco said.

Barraco added that the ankle monitor was not tracking Balkum’s whereabouts, and the judge lifted that requirement.

In a statement to News 8, Monroe County officials said they do provide electronic monitors with GPS if they are ordered by the court.

“How many systems do we have? Are they capable of GPS? What percentages are capable of GPS? What is the protocol for monitoring these devices?,” Monroe County Legislature Rachel Barnhart said.

Many, like Legislator Barnhart, have questions about the Electronic Monitoring Program.

“We keep seeing these situations where kids are stealing cars and some of them have ankle monitors on, then we have a tragedy where a […] probation officer tells a judge no GPS is available,” Legislator Barnhart said. “So, what is going on with our ankle monitoring system? Is it preventing crime?”

Elder Sandra Wilson attended Thursday’s services for Malika Bruner and said she believes GPS tracking should be part of all electronic monitoring.

“It’s very necessary,” Elder Wilson said. “[It’s] just one tool that will assist the judges to make a decision, as well as looking into the privileges or the rehabilitation of the perpetrator prior to any privileges, such as taking off the ankle monitor.

Elder Wilson added she believes if Balkum was wearing wearing the monitor with GPS, she may not have had to attend a funeral.

“We can’t bring Malika back, but we can save another life,” Elder Wilson said.

FULL STATEMENT FROM MONROE COUNTY:

Probation and pre-trial have the ability, but not the power, to place someone under any form of electronic supervision. This includes GPS monitoring. Any manner of monitoring can only be ordered by a court. The court orders the level of monitoring, pre-trial and Probation implements the court’s order.

Let me be clear that Mr.Balkum was not subject to home confinement. He was placed on Release Under Supervision with Electronic Monitoring (RUS/EM). The order obligated him to call Pre-Trial Services before he left the home and when he returned, whether the leave was pre-authorized or not. In general, leaves are authorized for school, lawful employment, employment interviews, medical, mental or substance-use related appointments, court-related appointments, and necessary daily living tasks (such as shopping, laundry, and the like).

Mr, Balkum repeatedly violated the conditions of his release, resulting in written non-compliance reports that were sent to the District Attorney’s office, the individual’s attorney, the clerk of the court, and the judge’s law clerk. The court was aware that RUS/EM terms did allow for the movement outside the home as detailed above.

At the court hearing, both the Judge and prosecutor had Mr. Balkum’s non-compliance of RUS/EM reports. The fact that he was non-compliant was also discussed in open Court. GPS monitoring was not requested, and in fact, the judge removed Mr. Balkum from any form of electronic monitoring. Once again, only a court can issue an order for electronic monitoring.

MONROE COUNTY

FULL LETTER FROM LEGISLATOR RACHEL BARNHART TO MONROE COUNTY:

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