Release of nearly 150 ordered from N.O. jail since last January after charges not filed in time

By Travers Mackel

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    NEW ORLEANS, Louisiana (WDSU) — More than 100 people charged with serious crimes in New Orleans were ordered released from jail last year because the district attorney did not charge them in a timely manner.

It’s called a 701 release.

In fact, since Jason Williams took office, 701 releases have gone up almost 600 percent, according to data from the city council.

And some of the crimes the people were accused of include murder, robbery and carjackings.

Last January, Jamon Edwards was arrested in New Orleans, accused of shooting and killing a man on France Street.

He was booked into jail in early February — his bond set at just under $500,000.

But by early June, less than six months later, Edwards was ordered released.

That’s because District Attorney Jason Williams failed to formally charge Edwards in the time allotted under law.

Jamon Edwards is what you call a 701 release.

“When you talk about 701, it’s a deadline,” said Jason Williams.

So what is a 701 release?

Under Louisiana law, any district attorney in this state — like Williams — has 30 days to formally charge someone arrested for a misdemeanor and 60 for a felony.

For murder, it’s 120 days or four months.

“The situation, the witnesses refuse to cooperate or evidentiary issues in terms of getting that evidence to our office to get to court,” Williams said.

And Edwards isn’t the only 701 release on Williams watch, in fact, he’s far from it.

The Orleans Justice Center, or jail, crunched its own data, numbers obtained by WDSU Investigates thru public records law.

And what it shows is that people being released on 701’s is high.

More than 140 people accused in over 450 crimes were released under the 701 law last year, Williams’ first year in office.

One man, Tre Clements, was facing eight felony charges, including possession with intent to distribute marijuana, cocaine and fentanyl.

He was also accused of being illegally in possession of a machine gun.

Arrested on Aug. 16, by Nov. 10 he was ordered released — a 701 because he wasn’t formally charged in time.

However, Williams’ office tells us that under state law, none of the crimes Clements was facing are considered violent.

And compared to 6,000 total arrests last year, Williams says far fewer violent suspects are being released from jail on a 701.

“Only 52 individuals, now if you do the math on that, that is .82 percent,” Williams said.

The city council’s crime data analyst also did his own research in this.

Jeff Asher claims there’s been a 597% increase in 701 releases under Williams.

There were 885 last year compared to about 130 the previous three years.

He also looked at all 6000 arrests made in the city in 2021.

His numbers include those in jail and those out on bond who have not been formally charged.

In his report, Asher writes: “Further analysis of individual cases would be needed to evaluate the specific charges that were most likely to lead to a 701 release. Roughly half (47 percent) of all cases with a CCRP 701 release involved a warrant, hold, municipal attachment, or probation/parole violation charge.

Fewer than 10 percent of people released via CCRP 701 were arrested again within the same calendar year of their release. There were 82 people released via CCRP 701 in 2021 who were later arrested in 2021 accounting for 9.3 percent of the total. This is lower than the 14 percent of people released via CCRP 701 between 2018 and 2020 who were later arrested in the year of their release.”

We asked New Orleans Police Superintendent Shaun Ferguson about 701 releases as well.

“So you heard me say this before — it can be frustrating to arrest and re-arrest people but that is our job,” said Superintendent Shaun Ferguson.

And this isn’t the first time 701 releases are making headlines.

Back in 2007, the practice of failing to charge people in a timely manner led, in part, to the resignation of then-district attorney Eddie Jordan.

Williams says this time, it’s different.

“When you look at the lawlessness and the cowboy stuff happening on the streets today, it’s concerning and frustrating as a citizen and as a DA,” Williams said.

We also need to point out that just because the suspects have been released from jail, charges can still be filed — the suspects are just released from jail and free of bond obligations.

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