Questions arise after felon taken off electronic monitoring days before fatal beating

Rochester, N.Y. (WHAM)— New questions are mounting after a four-time convicted felon was taken off electronic monitoring just five days before the brutal beating death of his girlfriend.

13WHAM obtained a copy of the transcript from Walter Balkum's Aug. 22 court hearing, when there was some confusion in the courtroom.Balkum is accused of fatally beating 43-year-old Melikah Bruner at a home on Hazelwood Terrace Aug. 27.

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Police said Balkum has an extensive criminal record, including an arrest on June 3 for allegedly stabbing Bruner and her son with a knife. Police said after that attack, Balkum was released from custody, placed on electronic monitoring and issued a no-contact order of protection.

Monroe County Court Judge Karen Bailey Turner, who's overseeing Balkum’s felony assault case, decided at that hearing that his electronic monitoring bracelet should be removed, after confusion over the type of supervision he was supposed to be under while awaiting trial.

Five days before Bruner’s death, Balkum appeared before Turner for a pre-trial hearing on his felony assault case.

According to a court transcript from the Aug. 22 hearing, Susan Nichols with pre-trial services indicated to the judge that Balkum had not been fully compliant with the rules of his home confinement. She told the judge there were several instances of the defendant leaving his home without authorization during the day and after midnight.

This raised questions from Turner about who ordered Balkum’s electronic monitoring home confinement.

"When the court places someone on electronic monitoring, its intention is not home confinement," Judge Turner said, according to court transcripts.

She went on to explain that during pretrial supervision, she wants defendants to do their treatment, find employment and be rehabilitated into the community.

The judge then questioned if Balkum was on home confinement, because pre-trial ankle monitoring devices don’t have GPS.

She said, “So you don’t know. So, therefore, you require the individuals to be held at home.”

Nichols told the judge that pre-trial has no GPS monitors, but she said defendants can leave their homes in certain situations as long as they get permission.

At the end of the hearing, Turner decided to remove the requirement, saying “I am lifting the electronic monitoring. There is no home confinement. There never was any home confinement.”

13WHAM spoke Tuesday with Balkum’s attorney, Ted Barraco, about Turner's decision.

"The judge said he’s not under home confinement,” Barraco said. “And if your ankle monitors don’t have GPS, they are more or less useless, so he can take it off. But I didn’t ask her to do that."

Balkum was then released to straight pretrial release supervision with a curfew.

Then came his arrest on Sept. 2, when he was charged with manslaughter in Bruner’s death.

Pretrial services operates under Monroe County. 13WHAM reached out to county spokesperson Gary Walker to ask if pretrial in fact has GPS ankle monitors. We were told pretrial can provide GPS monitors if a court orders it.

Walker said in an email:

Probation and pre-trial have the ability, but not the power, to place someone under any form of electronic supervision. That can only be done by a court.

Let me be clear that Mr.Balkum was not subject to home confinement. He was placed on Release Under Supervision with Electronic Monitoring (RUS/EM). The order obligated him to call Pre-Trial Services before he left the home and when he returned, whether the leave was pre-authorized or not. In general, leaves are authorized for school, lawful employment, employment interviews, medical, mental or substance-use related appointments, court-related appointments, and necessary daily living tasks (such as shopping, laundry, and the like).

Mr, Balkum repeatedly violated the conditions of his release, resulting in written non-compliance reports that were sent to the District Attorney’s office, the individual’s attorney, the clerk of the court, and the judge’s law clerk. The court was aware that RUS/EM terms did allow for the movement outside the home as detailed above.

At the court hearing, both the Judge and prosecutor had Mr. Balkum’s non-compliance of RUS/EM reports. The fact that he was non-compliant was also discussed in Court. GPS monitoring was not requested, and in fact, the judge removed Mr. Balkum from any form of electronic monitoring. Once again, only a court can issue an order for electronic monitoring.

13WHAM reached out to the court for comment, and was told it cannot comment on this pending matter.

If you are in crisis or know someone who is, there are many resources that can help:

Willow Domestic Violence Center of Greater Rochester: (585) 222-7233

National Domestic Violence Hotline: (800) 799-7233

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