WESA 90.5 FM, 10/25/24: “Conservatives have been quick to lash out at a controversial local magistrate who released a suspect without bail last year — before the same person was arrested in a homicide this week. But some observers say any judge could have made the same decision.

Critics have blasted Magisterial District Judge Xander Orenstein for a June 2023 decision to release the suspect without bail on charges of simple assault and robbery. The suspect, who police have identified as Anthony Quesen, stands accused of a fatal stabbing on the Montour Trail this week. Lawmakers say they’ll seek the magistrate’s resignation –and failing that, pursue impeachment.

Supporters say Orenstein was following the legal guidelines for non-monetary bail recommended by the county. Community legal organizer Tanisha Long with the Abolitionist Law Center says critics who blame Orenstein don’t grasp the legal process.

‘A lot of people think that ‘non-monetary’ just means you walk out of the jail,’ Long said. ‘What they don’t understand is that “non-monetary” actually… means there’s a set of conditions attached that are meant to ensure community safety.’

Even if bail had been set for the alleged first-time offender last year, Long says it’s likely the suspect would’ve been released before this week. ‘There’s bail funds that would’ve covered anything under $20,000,’ she said.

Long argued the Montour Trail death was being politicized locally and on social media due to identity politics — in part because Orenstein is nonbinary and uses they/them pronouns.

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