On Wednesday, October 23, 2024, CBS News reported that Pennsylvania magistrate judge Xander Orenstein is facing significant backlash following his decision to release Anthony Quesen, the suspect in a recent fatal stabbing on the Montour Trail, in a previous assault case. Quesen has been charged with homicide for allegedly stabbing Benjamin Brallier, an off-duty agent with the Pennsylvania State Police, while Brallier was jogging on the trail.
The incident occurred on October 21, when Brallier was attacked and subsequently died from his injuries. This tragic event has reignited scrutiny over Orenstein’s judicial practices, particularly his use of non-monetary bail in cases involving serious charges. Prior to the stabbing, Quesen had a history of legal troubles, including an accusation of robbery at Point State Park last summer.
Court documents indicate that Orenstein set a non-monetary bail for Quesen, which was later revoked when Quesen failed to appear for scheduled court hearings. In the aftermath of Brallier’s death, Allegheny County Councilman Sam DeMarco publicly called for Orenstein’s resignation or for the state legislature to initiate impeachment proceedings against him. DeMarco expressed concern that Orenstein’s pattern of releasing dangerous individuals could ultimately lead to loss of life, a fear that has now been realized.
Republican state Senator Devlin Robinson, who is currently campaigning for reelection, echoed DeMarco’s sentiments, urging the House to commence impeachment proceedings against Orenstein. Additionally, Democratic state Representative Anita Kulik has called for a full investigation by the Pennsylvania State Supreme Court and has also requested Orenstein’s resignation.
When questioned about the reasoning behind the non-bail decision in the previous assault case, Orenstein referred media inquiries to court administrators, adhering to a policy that prohibits them from commenting on ongoing cases. Joseph Asturi, a spokesperson for the courts, declined to provide further details, noting that Orenstein predominantly handles landlord/tenant disputes, traffic cases, and criminal matters.
This incident is not the first time Orenstein has faced criticism for his bail decisions. Earlier this year, he was removed from hearing arraignments by Allegheny County President Judge Susan Evashavik DiLucente due to heightened scrutiny over his no-cash bail rulings. This decision followed a situation involving Hermas Craddock, who was released on a non-monetary bond despite a lengthy criminal history. Craddock later failed to appear for a bond modification hearing, prompting the issuance of a fugitive warrant. He was eventually apprehended after fleeing to Florida.
Additionally, Orenstein had previously allowed New York City resident Yan Carlos Cepeda to be released on non-cash bail after his arrest for allegedly trafficking over a kilogram of cocaine. Following his failure to appear in court, law enforcement expended considerable resources—approximately $30,000—searching for Cepeda, who was eventually arrested again in New York City.
Source: CBS News
