Presumption of Innocence For Sale: The Story of Kenny Fomby, J.R.
Click on the audio player above to hear this interview.
"Excessive bail shall not be required." Those six words begin the 8th Amendment, and they help us begin our new series that looks at the complicated, highly politicized—and often abused—practice of bail. What is bail? What is a fair bail? And how can the system of bail strip you of your freedom before you ever get to trial?
Last month, Kalief Browder, the young man who was held at Rikers Island for three years without trial because he couldn't pay his $3,000 bail, committed suicide.
Kenneth Fomby, J.R. was very close to ending up like Kalief. In March 2006, Kenny was arrested for sodomy, kidnapping, false use of credit card, and robbery. Each charge had a bail set at $250,000, making for a total bail of $2 million.
He was 19-years-old at the time, living in Pinson, Alabama. Kenny turned himself in—he maintained his innocence, which was later confirmed by fingerprint analysis. Due to the severity of the alleged crime, however, the prosecutor and judge demanded to wait for DNA evidence to come back before his release.
Kenny was held for over six months in Jefferson County jail. He tells The Takeaway about his experience, and what the lost time has meant for his life.
