CINCINNATI -- At least 13 men and women who have posted bond are still sitting in jail.
Rozell Martin sued Hamilton County Sheriff Jim Neil and the Hamilton County Commission Friday because he wasn't released after making bond. A judge required Martin to wear an electronic monitoring until if he posted bond and was released, but every Hamilton County monitoring unit is already in use.
The sheriff's office told Martin's mother that he was 13th on the waiting list, according to his lawsuit. Authorities have refused to say how many inmates are still in the jail because the county ran out of monitoring units, so the 9 On Your Side I-Team examined online records to find out, checking the status of hundreds of defendants being held in the Hamilton County Justice Center.
The I-Team's investigation found Dustin Wade posted bond three weeks ago on May 14, but he's still in jail. Patrick Rosemond and Edric Mbayo posted bond on May 15. On May 16, Hames Todd made bond. On May 24 - nearly two weeks ago - Tina Wisler posted bond. All of them are still in jail, status "pending" because they are required to wear a monitoring device if released, and they must remain jailed until the devices are available.
Attorney Carl Lewis represents Martin. He said it's not fair to keep him in jail after posting bond.
"The only answer given to my client's mother, day in and day out, is it's a manpower shortage, there are no units," Lewis said. "'When another unit comes in, your son is on the waiting list and we will get to your son when we get to your son.' That is unacceptable. It's unconstitutional, and it's illegal. And it's a complete violation of a court order."
Sheriff Jim Neil and County Commissioners Denise Driehaus, Todd Portune and Chris Monzel did not respond to requests for comment. They typically do not comment on lawsuits filed against them.
Former Hamilton County Justice Center inmate Ericka Montgomery said she agreed to wear an electronic monitor in January, so she could get out of jail. But she wasn't released until nine days later.
"When I went to court, I was ready to go that day, but that day came and it kept going," she said.