Charlotte Magistrate Questioned As Defendant Released From Jail

Martin Russell Diamond is a Charlotte criminal defendant facing a variety of criminal charges. Such charges include: felony first degree rape, felony first degree sexual offense, misdemeanor assault / inflict serious injury, felony first degree kidnapping, felony breaking and entering, misdemeanor assault with a deadly weapon, and misdemeanor larceny.

Magistrate Sylvia Cherry prompted the release of Mr. Diamond from the Charlotte Mecklenburg County jail this week when she unsecured his $105,500 bond for the offenses. Magistrates consider a variety of factors in establishing the conditions of a Defendant's pre-trial release including: the nature and circumstances of the offense, the weight of the evidence against the Defendant, the person's criminal background, employment, financial resources, risk of flight, the length of residence in Charlotte, etc. Mr. Diamond has no prior criminal record. The magistrate apparently confirmed a Charlotte residence, and that he is a student in the area.

The victim's family, along with many in the community, are quite concerned regarding the release of Mr. Diamond. The primary concern stems from the violent nature of the alleged attack. The victim reportedly sustained multiple injuries to her head and face area, in addition to the obvious difficult circumstances implicated by such charges.

Mr. Diamond has been appointed a Public Defender based upon financial need. His next court appearance is June 10, 2011.

This case, and the ongoing search for Mr. Diamond, certainly raises some interesting questions regarding how criminal matters are handled in Charlotte. Some individuals have already pointed out the disparity between how certain lower level charges are treated in comparison to other higher level charges. I would certainly welcome any thoughts regarding this case as I'm curious to know what others think.

CharlotteObserver.com, Court papers: Rape suspect beat victim, 05/27/11