Advocates predict changes for criminal justice system after Bricen Rivers case

NASHVILLE, Tenn. (WTVF) — It was something News Channel 5 Legal analyst Nick Leonardo had seen it only once before in his long career as a lawyer.

A panel of six judges heard arguments Thursday from representatives of Brooke’s Bail Bonding and On Time Bonding, but this wasn’t your normal court hearing. The more than four-hour marathon featured testimony from several people who faced questions from attorneys and the panel of judges about the timing of Bricen Rivers’ release.

“It was something you don’t normally see in a method you don’t normally see,” Leonardo said.

Thursday was the first we heard from agents of both bond companies about why they allowed Rivers to leave the county before he later became a suspect in the Mississippi murder.

Rivers had just been released from prison on charges of beating his ex-girlfriend Lauren Johansen when the two visited Nashville last December.

Rivers’ bond conditions made it clear that he was to stay in Davidson County and away from Johansen, but bond agents testified that they only learned of those conditions days after his release.

An agent said he never saw the first page of those conditions when he signed the order on behalf of Brooke’s Bail Bonding.

“Usually when a bond company comes to court, they have a lawyer with them, the defendant has a lawyer and the prosecutor is present. Even though you may not have seen the front page directly, I would have thought there would have been some discussion of what those conditions were,” Leonardo said.

Rivers told bond agents he was going to Mississippi, and without the bond conditions, agents said they had no reason to stop him.

The judges pressed the agent if she signed a document – such as the warrant. She replied that it was new, but a lawyer explained that she would get a copy as soon as possible.

Leonardo says he understood the frustration of judges who wondered why agents “would put blinders on” when they sign a paper they don’t understand. However, he says it is an area where the courts must ensure that these terms are unequivocally understood by all parties.

Bondsmen had their own interpretations of what they knew and when, but almost all said they had no idea who to contact if Rivers broke his bond.

I heard from an agent who said she alerted Rivers’ attorney, but wasn’t sure who else to contact.

“There is some legitimacy to what is being said because each court does it in their own way, but this order said that if there is a violation of the condition, you have to hand over that defendant. You can take it to the bond office, you can take it to warrants or you can take it to the courtroom,” Leonardo said.

By all accounts, Nakeda Wilhoite was the last of these agents to see Rivers on June 29.

Wilhoite, who also runs Freedom Monitoring, says he asked Rivers to return from Mississippi so he could replace the GPS device.

Rivers returned to Nashville, and by then Wilhoite said he was aware of his bond conditions, which clearly stated he could not leave the county or be in contact with his ex-girlfriend Lauren Johansen.

Wilhoite told the courts he felt there wasn’t much he could do when Rivers arrived because he had no warrant for what was a clear violation of his bond conditions.

“I had no warrant,” Wilhoite told the court.

“You don’t need a warrant to turn someone in properly,” asked a lawyer.

“I think you would. I’m sure I couldn’t show up at the jail with him,” Wilhoite replied.

“I do it all the time,” one judge replied.

Leonardo says agents need some sort of warrant before they turn themselves in, but they also need the sheriff’s office or the courts to make themselves available for situations like this.

That being said, it doesn’t mean that soldering companies aren’t doing anything.

“I’d rather err on the side of having Mr. Rivers at the state bond office and they say there’s no way we’re going to get him. At least we know that as a bonding company I did my job,” Leonardo said.

Wilhoite said she was only operating in her capacity as a GPS monitoring company and not as an agent of Brooke’s Bail Bonding. NewsChannel 5 is investigating He also discovered that Wilhoite held several jobs while in charge of monitoring the Bricen Rivers.

Leonardo says then perhaps these link companies should reconsider their agents operating in dual roles. With all he’s heard about the potential for conflict, Leonardo says he fully expects the judges to consider rule changes in this regard.

“To say that I was aware of those conditions but it wasn’t my role at the time to do that – That’s true, but that’s best practice and it’s a conflict,” Leonardo asked.

One issue that Leonardo says is much less discussed concerns how bond companies take far less than what courts have agreed to before letting someone out of jail.

Rivers got out of jail with the help of both companies who shared his $150,000 bond, but reportedly paid less than half of the standard 10 percent for his release.

“A lot of times what we’ll see is the bond companies take less than 10 percent. Now they’re still on the hook for the full amount of that bond, but if they’re willing to do it for $5 on a $1,000 bond, then they have the legal right to do that,” Leonardo said.

Brooke Harlan of Brooke’s Bail Bonding told the courts that she has even seen bonding companies only accept a percentage.

“We’re competing with the companies that do them for a percentage,” Harlan said.

Judge Cheryl Blackburn faced widespread criticism for reducing Rivers’ bond in April from $250,000 to $150,000.

Leonardo says Rivers was allowed out of jail after posting Brooke’s bail for much less than 10 percent of the amount set by the judge.

“It’s not illegal, but it’s one of the things we see in a big city like Nashville, and so to get the business, they’ll do it for less than the 10 percent premium,” Leonardo said.

Justices questioned whether Brooke’s Bail Bonding accepted a credit bond that would not be allowed for bonds of $25,000 or more.

Here you can make partial payments for the bond amount, even after you have already been released.

While Rivers’ mother made payments on his bond, attorneys later clarified that there were no further payments after his release. Which Leonardo says would mean these bond companies didn’t break credit bond rules.

Leonardo knows the courts have a lot to consider if these companies should be punished for their role, but says he is encouraged by all stakeholders for meaningful change.

Whether it’s the bond system, GPS tracking companies or how we deal with serious offenders, he is confident these courts will succeed.

“This is a system that could and should have improved already, but I have no doubt that it will improve,” Leonardo said.