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NBC 15 Investigates: Did Mobile Deputy arrested for child rapes get special treatment?

NBC 15 Investigates: Did Mobile Deputy arrested for child rapes get special treatment? (img: WPMI)

A Foley man is locked up Wednesday night accused of molesting two children. Greg Fountain faces a list of charges including rape, sodomy and sexual abuse. He's in the Baldwin County jail with no bond

A Mobile County Sheriff's deputy facing nearly identical charges walked out of Mobile's jail in less than two-hours Tuesday.

A grand jury indicted Lieutenant Paul Bailey on rape, sodomy, and sexual abuse charges, and set his bond at $127,000. The grand jury even tacked on cash components.

Lt. Bailey managed to deal with all of that, got his mug shot taken and got back on the street in an hour and a half.

NBC 15 News investigates the question so many of you asked -- Could this be a case of special treatment?

Rape or a simple marijuana charge, local attorneys say it doesn't technically matter.

“It doesn't matter what the charge is if you've got your ducks in a row your lined up you can get out of bond quicker,” Deen Law, P.C.’s Attorney Jeff Deen said.

However, the issue here is that Lt. Bailey technically couldn’t have had his ducks in a row.

“I mean, he did not know about these charges,” District Attorney Ashley Rich said, adding “This was a secret presentation to the grand jury and he was arrested and then told of the charges he was facing pursuant to an indictment.

Rich says Lt. Bailey's speedy exit is explainable because his bonds were already set by the grand jury.

“When he was arrested the bonds were already set, so he did not have to go to a bond hearing,” Rich said.

Rich says that's not special treatment. However, something unique is what happened to two bonds the grand jury recommended.

For two sexual abuse charges, Class A misdemeanors, the grand jury recommended cash only bonds for $1,000 each.

“We thought that the $1,000 cash bonds for each of these misdemeanors would have slowed that process down,” Rich said.

However, Rich's office got a call yesterday after noon alerting that conditions had changed.

“Judge York decided that he didn't want that condition of the bond that the grand jury had set so he removed that condition of the bond,” Rich said.

We asked Rich is that is a typical occurrence for an everyday person who may not be a deputy.

“I've never seen that done,” Rich said, adding “Judges, if they don't agree with the grand jury, can change it but these are misdemeanors. I've never seen it done in a misdemeanor situation.

All in all, both sides of our legal system say the situation does not seem sinister or strange.

Lt. Bailey had four different bonding companies bail him out in less than two hours.

Both attorneys say it's typical for several different bond companies to just call each other and work together fast when a bond is this high.

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