Appeal Bonds Definition- An Appeal Bond – (Also called a Supersedeas Bond) is a surety bond required by one who wishes to have a judgment or execution of judgment stopped pending reconsideration of the case by the Court. The bond guarantees that the opposing party will be made whole should the appeal action be unsuccessful.
Appeal bonds in most cases require collateral security in the form of cash or an irrevocable letter of credit.
Adam Mark Zachs is a convicted murderer from Connecticut sentenced to 60 years for the murder of Peter Carone. He had been on the lam from authorities since June 1989 for 22 years after fleeing the State of Connecticut while his first-degree murder conviction was on appeal. His Aunt posted a $250,000 bond after sentencing
On August 23, 1988, after less than two hours of deliberation and with overwhelming evidence presented against him, Zachs’ attorney immediately appealed the verdict and was next scheduled to appear in court in June 1989. Zachs was set free on a $250,000.00 bond, posted by his aunt, Sybil Deitch.
I was in the Courtroom with the Carone family when Judge Thomas J. Corrigan (The same judge presiding over my Dad’s murderer) ruled to release this killer to his parents.
On October 13, 1988, Judge Thomas H. Corrigan set four conditions on Zachs’ Appeal Bond:
- He “must live with his family;”
- He was “not to possess a gun, rifle, etc.”
- His parents were told they must take on the and responsibility of searching [his] belongings and automobile;” and
- “Any violation of these conditions would constitute a violation of the conditions of the Appeal Board.”
I though it incredulous when I heard the judge say, “Now will you promise to search his room and car for any weapons? Yeah, … Right! “Oh, Yes Judge, of course, we promise”
As far as we knew, his father and his father’s employees (who were complicit in hiding him out in “who knows where” and a family of wealth did everything to disrespect the system and justice for the Carone family after the murder of Peter Carone!
It was rumored that perhaps Adam was sent to Israel. However, it was Mexico as we were to learn. Zachs created an entirely new identity, computer business, taking a wife and having children. This man was said to have a Little Napoleon Complex” hot headed and hot-tempered. Why else would you shoot someone after they made a remark and “spit shined a spot at the bar”…. causing rage after discussing a basketball championship!
Zachs was arrested in February 2011 and extradited back to Connecticut from Leon Guanajuato, Mexico.
As of October 11, 2011, The State of Connecticut Attempted to “clean up the underhanded nature of doing business as a bail bonds agent with oversight by the Insurance Commissioner as it pertains to the professions excluded, licensing, accounting practices, ethics, referrals, facilities allowed to do business etc.
But the REAL question is, why did Adam Zachs become eligible at all?
There are certain considerations if a case is heard in Federal Court, if a perpetrator is seeking release before sentencing (Zachs was already sentenced to 60 years) or whether there is an issue of appeal to consider to reversal, reduction or a new trial. As noted in Criminal lawyers.com-
“If a convicted defendant is sentenced to prison and seeks bail pending an appeal, the judge must also consider the merits of the appeal as well as the defendant’s risk of flight and dangerousness. Essentially, the judge must find by clear and convincing evidence that:
- The defendant isn’t likely to flee
- The defendant isn’t a danger to the community
- The appeal isn’t a delay tactic
- The appeal raises a substantial question of law or fact likely to result in reversal, an order for a new trial, a reduced sentence or a sentence that doesn’t include a prison term”
I would say that Judge Corrigan made one of the most significant errors of his career while on the bench! He saw a family of means who he thought would watch over their felon son and believed their lies.
How could he know this case would be one of the most high-profile international cases of its time and that the perp’s family and employees would commit criminal acts as well?
How could he know that this case would be featured on “America’s Most Wanted “several times?
How could he know that the Carone family would suffer so many losses over years and this case contribute to the death of other family members?
Since then, in a previous podcast with Shattered Lives Radio, Addie Carone alluded to the fact that this case set precedence – as well it should have!
Suffice it to say that the Carone family is to be admired for their character, resiliency, and perseverance against what seemed like impossible odds to “catch a killer.”
Further information about grief as a victim of crime is available in my book, Grief Diaries: Loss by Homicide, which includes the stories of others who are traveling this long journey.
To schedule Donna R. Gore for your next conference, seminar or event, please contact ImaginePublicity. Phone: 843-808-0859 or Email: email@example.com