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Judge Lowers Suspected Serial Rapist's Bond Save Email Print
Posted: 1:43 PM May 22, 2008
 Last Updated: 9:53 AM May 23, 2008
 Reporter: Meredith Stancik
Email Address: stancik@kbtx.com
43 comments
A | A | A

The state claims he is a threat to society, but that argument did not hold up in court.

Frank Powell, 36, is accused of raping two College Station women in February. 361st District Judge Steve Smith lowered his bond Thursday.

Powell was originally held on a $2 million bond for two aggravated sexual assault charges. He was recently indicted for a third count of aggravated sexual assault. Judge Smith lowered one count to $500,000 and the other two to $250,000, for a combined $1 million.

Powell is also being held on other charges, including three counts of burglary of a habitation with intent to commit a sex offense and one evading arrest charge. The bonds for those remain the same.

The defense asked that the bonds be lowered to $75,000, but Judge Smith said while $2 million may be excessive, Powell is still a risk to the community and has a previous felony conviction.

Powell allegedly broke into two College Station residences and raped two women. Police say Powell was arrested while trying to break into a third residence. Police believe he would have raped again.

Powell has pleaded not guilty.

If Powell were to post bond, there would be several stipulations enforced. He would have to wear a GPS monitoring device, surrender his passport, abide by a curfew, have supervision every time he is around a female, among others.

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Posted by: New to the area Location: Bryan on May 27, 2008 at 08:40 PM
Thank you "Anonymous" for taking the time to explain the Bryan problem to me. Although I have only lived in Bryan for about 6 months I am starting to think I should have purchased a home in College Station instead. I guess this is the price I will pay for not doing my homework. We found a nice home that we liked in Bryan. The real estate prices here are so much cheaper than they are in the Northeast, where we are from. Now I see why they are cheaper. The crime rate in Bryan is high. And to think we thought we were getting away from crime when we moved to small town Bryan. Were we ever wrong.
Posted by: Anonymous Location: Bryan on May 27, 2008 at 08:37 PM
The new police Chief in Bryan started a very aggressive program of Law Enforcement. After the bad day of many assassination attempts in Bryan and one at St joseph Hospital on a wounded victim from a shooting in a different area of town. It is targeted at the gangs and criminals. It is not a secret that the BPD said that they are going to wake up with the criminals and put them in bed. They have police in cars drive behind them when they are on the move. I seriously doubt they will drive into CS to see what they are doing since it is a Bryan Police program. KBTX did a report on it. It looks like it is working in Bryan I can not think of any assassination hits in Bryan this year. It appears to have pushed some of the crime out of Bryan into College Station. This may have something to do with the spike in violent crime in CS from Bryan residents.
Posted by: M Location: College Station on May 27, 2008 at 03:40 PM
JV. Israel and the US in Iraq have used walls in the last few years to stop bad people from doing bad things to good people. We have alot of bad people doing Bad things in College Station now from Bryan. The police have made the arrest to prove it. Between The Bryan criminals and the New Orleans criminals CS is taken a Hard hit. CS does have more crime now ,just look at who is being arrested and who is in the county jail Bryan finest.
Posted by: Anonymous Location: Bryan on May 27, 2008 at 03:11 PM
New to the area. Some of the areas you talked about like Bryan have a very high number of people on welfare. Bryan has the highest rate of walfare Housing per capita in the state of Texas. All Law enforcement agencies must report crime to the State Police.TX DPS. You can pull the crimes numbers by city and county for the state. If you check the DPS web site you will find that Bryan has 2 to 3 times more crime in most areas than CS. Bryan has Murder rate 7X higher depending on the year. CS is having a major crime problem now like Bryan has had for decades. A lot are arrested from Bryan. BPD also has a large number of Police shootings. The last person I remember being shot by CSPD was in the late 70'S. In Bryan I can think of 1 in the oaks, 1-7 months back approx gang member. 1 off Texas ave after a western union robbery. 1 At a mexican RR Texas ave. 1 behind the old Kroger's Bryan. 1 by a Constable on S. college At a dance Hall. All in the last 11yrs in Bryan. Police shooting only.
Posted by: big k Location: undisclosed on May 27, 2008 at 01:35 PM
what the hell is wrong with that judge? Lower his bond??? If anything he should have raised it. Not only is he a threat to society but anyone he comes in contact with. This is a sick individual and he is right where he belongs. He terrories women he is a coward and he needs to go to jail and have the same thing done to him that he did to those poor women he victimized.....
Posted by: None Location: CS on May 27, 2008 at 10:44 AM
Hopefully no one in Judge Smith's family will be raped in the near future...Or would Smith THEN decide to toughen up his stance...I will be voting, that is for sure!
Posted by: Jv Location: BRYAN on May 27, 2008 at 06:58 AM
Now thats unfair RJ, College Station has criminals also, believe me. My brother was a policeman in College Station for 25 years, and there are things go on that you dont know about...as for the wall? No Im not for that, it would be like the Berlin wall....do you want that? There are good people in Bryan, just like there are in College Station.
Posted by: Anonymous on May 26, 2008 at 09:49 PM
Is anyone running against this Judge in NOV? Looks like I my have to vote for a DEM. if one is running.
Posted by: New to area Location: Bryan on May 26, 2008 at 08:59 PM
I moved to Brazos county 6 months ago from another state. I have noticed that a substantial number of the violent crimes committed in the area either take place in or involve residents of Hearne, Navasoto or Bryan. Very seldom do I hear of a resident of College Station, Snook, Wellborn, Millican, Caldwell or other surrounding communities doing things like this. Could someone please explain to me why there seems to be a higher concentration of individuals that are prone to violence in the cities of Bryan, Navasoto and Hearne?
Posted by: DB Location: Bryan on May 26, 2008 at 04:57 PM
Glad I don't live in College Station. I think I would get a nose bleed. You folks seem to be pretty haughty over there, as if there are no criminals in YOUR city.
Posted by: Anonymous on May 26, 2008 at 03:18 PM
I hope some of these Judges are up for election soon.
Posted by: Anonymous on May 26, 2008 at 02:46 PM
Good thing for the judge we do not have a strong women's rights group in town. Hello NOW.
Posted by: You on May 26, 2008 at 02:45 PM
Wow, gotta love college station residents. Everyone knows there no crime in college station!! And when there is it MUST be people from Bryan. Get real, college station has problems too, you all just try your best to hide it and write it off as people from Bryan. Looks like rich white people commit crimes too CS, don't let your fancy lifestyles hinder your thinking haha.
Posted by: Anonymous Location: Bryan on May 26, 2008 at 10:33 AM
College Station. We in Bryan Feel youre Pain. And most likely are the Cause of it. We have more experienced criminals and our Police use their guns also. So our criminals in Bryan have moved on to better things, College Station
Posted by: RJ Location: COLLEGE STATION on May 26, 2008 at 10:10 AM
What going with All the criminals coming into CS from Bryan? Do we have a new public transportation system? Anyone for a wall between the two cities? It would lower Crime.
Posted by: Nobody Location: Bryan on May 26, 2008 at 08:01 AM
That's pretty harsh, and more than a little unfair, Anonymous. There are plenty of good people in Bryan, and your elitist attitude stinks a bit.
Posted by: Me Location: College Station on May 26, 2008 at 07:33 AM
Hmmmmmm....we vote for judges in Nov.....I wonder if Judge Smith is considering running for office again? I after this action he took on lowering this ANIMALS bond, I will be condsidering my choice for judge very very closely!.....
Posted by: Anonymous Location: CS on May 25, 2008 at 11:36 PM
What going on with all the rapes in CS. CSPD Posted TWO new ones in one day Saturday. Is Bryan evicting its Trash now? Please Judges no low bonds
Posted by: Anonymous on May 25, 2008 at 11:11 PM
The DA of this county has decides of experience. He is not grandstanding like the Lacrosse DA did. I don't even know if I am going to vote for this DA in this election but he is not a grandstander. You don't have to be a doctor to know this serial rapist has some serious mental issues. Too bad he can't be sent back to Navasota for them to pick up the tab.
Posted by: once a child Location: Bryan on May 25, 2008 at 06:18 PM
To Law: Call it biased if you like. I call it reality. I don't want to see any one else's innoncence taken away from them. No amount of money can give it back. If I remember correctly, he was caught in one of the victim's house. Too close for comfort. By the way, why are you so angry? I thought people could state their opinion without being attacked.
Posted by: John Location: college station on May 25, 2008 at 07:05 AM
>>>letting a rapist or child molester out on bail (of any amount) is not what I like to see.<<< Please note that these guys haven't been convicted yet; based on what's being said in the media, I think it's probable that they will be, but do remember the Duke Lacrosse team, where the prosecutor lied to the press to make his case stronger, and it turned out in the end that he didn't have one...a monitored release would allow an unfairly accused man to have at least a semblance of a normal life while still protecting the public if he turns out to be exactly the criminal he sounds like. And if he's got to pay for the monitoring (which I'm told is pretty much standard), it's a lot cheaper than putting him up in the greybar hotel for six months to two years until the state gets all it's ducks in a row.
Posted by: Law on May 24, 2008 at 03:16 PM
No once a child I have not been raped or molested. That is why I don't listen to you because you have a biased opinion. I love it how nobody mentions that his bond is set at $252,000. And no I'm not dead wrong about what the bonds were lowered to it says it right in the article, READ! Go look at justice web and do the math for yourself and tell me I'm wrong.
Posted by: once a child Location: Bryan on May 24, 2008 at 08:06 AM
To Law: I think you were referring to me with your comment to "once a judge." My, but you sound pious to me. Perhaps I can not sue a judge or an attorney, but letting a rapist or child molester out on bail (of any amount) is not what I like to see. Ever been raped or molested? You won't like it. Believe me. If you had, you wouldn't care about "the way things work." It still is not fair or right.
Posted by: Anonymous on May 24, 2008 at 12:41 AM
If a jury can give probation for murder why not lower a bond from a judge? Charles Bronson we need you.
Posted by: Anonymous on May 24, 2008 at 12:29 AM
Why did he make a fight in court for a lower bond if he could not come up with some Money?
Posted by: Alan Location: B/CS on May 23, 2008 at 10:14 PM
Law is right, the bond was lowered, but there is no way he'll get out. But, I do agree with about getting Judge Smith out of office. Having been around him in the courtroom before, he is one of the worst I have seen and is more concerned with his personal matters than the business at hand. We've had the same people in office at the courthouse for way too long, it's time to clean house and send a message at the polls.
Posted by: Sexual Assault Victim Location: In Pain on May 23, 2008 at 08:27 PM
Vote Smith out of office. Enough said!
Posted by: Anonymous on May 23, 2008 at 08:21 PM
Remember a judge has to follow the law, not the whims of the local citizens. A judge cannot set bail in order to punish someone. If Judge Smith hadn't lowered the bond, the Court of Appeals could have lowered it even further, giving the defendant a realistic opportunity to be released. There's still no way the defendant is going to get out of jail, even with the lowered amount of bail.
Posted by: JD Location: College Station on May 23, 2008 at 07:30 PM
Sorry, Law, but you are just wrong. The only thing that might have happened if Judge Smith had let the bond remain the same is that it might have been appealed to the Court of Appeals and they might have lowered the bond. There is nothing, I repeat, nothing in the law that says that if the bond is excessive the guy would go free. Given this rapist's alleged crimes, he is an alarming threat to the community and It is absolutely beyond me how any judge in his right mind, who gave a damn about the safety of this community, would lower his bond at all. And, you are dead wrong on what the bonds were lowered to, as well. It may well be the case that the defendant can't make the new bond, but why lower it at all in this case. You don't see cases this frightening every day.
Posted by: Law on May 23, 2008 at 01:50 PM
Oh and learn to do math. EACH bond was lowered to $75,000. So that right there is 225,000. Don't forget the 3 counts of BURGLARY HABITATION INTEND SEX OFFENSE and EVADING which total to the amount of $27,000. So his total bond is set at $252,000. Thats $25,250 he would have to pay upfront to get out of jail. Get real people, he's not going anywhere. Quit freaking out
Posted by: Law on May 23, 2008 at 01:42 PM
Oh and this is a comment to "once a judge"...You can't sue a judge or a defense attorney for that sorry haha, once again people simply don't understand the way things work
Posted by: Law on May 23, 2008 at 01:39 PM
You people don't understand law. If the judge sets an excessive bail and is found to have done so, the suspect will be let go. Quit freaking out, thats one thing people in this town love to do. Notice it says his 3 counts of burglary of a habitation and evading bonds remain the same. Even if he makes bail, HE CANT DO ANYTHING!!! This towns false sense of security scares me. Don't let you biased opinions get in the way of the constitution. Read it sometime, wow go figure it even mentions excessive bail!!!!!
Posted by: Disgusted Location: College Station on May 23, 2008 at 10:27 AM
We need to make sure Judge Smith DOES NOT get re-elected.
Posted by: Anonymous on May 23, 2008 at 09:11 AM
I now have two judges in Brazos County that my Family will not be voting for.
Posted by: Mindy Location: College Station on May 23, 2008 at 09:10 AM
THis is a message to the citizens of B/CS that Judge Smith does not have the citizens interest at heart. WOmen who are raped by predators such as this alledged rapist must go on HIV drugs, drop out of school, and endure a life of emotional grief!! THis would be a great speak out question- DId Judge SMith protect the community when he reduced this bond?
Posted by: FED UP on May 23, 2008 at 08:54 AM
And we wonder what is wrong with this world?
Posted by: GSF Location: Bryan on May 23, 2008 at 08:03 AM
This is the CRAZIEST thing that I have EVER heard of in my LIFE! What are these people thinking? This man has RAPED THREE women so far, and they are giving him a chance to post bond? That is just STUPID! Three years ago, my friends niece was raped, and they set a bond and the guy got out and killed her! This is crazy!What is this world coming to? I bet if the judges daughter had been one of those girls, there would be NO BOND!
Posted by: Anonymous on May 23, 2008 at 05:16 AM
Of course, a million bucks is probably still a bit rich for most of the bail bondsmen in this town, and I doubt he's rich enough to pay it out of his own pocket.
Posted by: Tired of the Crimes Location: Bryan College Station on May 22, 2008 at 11:17 PM
Just have him castrated. That will be punishment enough. Then send him to the "Big House". The rest will take care of itself.
Posted by: Concerned Citizen Location: Brazos County on May 22, 2008 at 06:30 PM
Looks like we need to send Judge Smith a message on election day that his actions will not be tolerated by the voters and tax payers in Brazos county. Since he is so sympathetic to felons he needs to go pursue a successful career in private practice as a criminal defense attorney.
Posted by: Kyle Location: Bryan on May 22, 2008 at 05:26 PM
What was Judge Smith thinking?! Here is a guy who is clearly a threat to society, and yet the Judge makes it easier for the perp to walk the street again... and hunt for new victims. It is well documented that sexual predators will not stop until they're either behind bars or dead.
Posted by: James Location: College Station on May 22, 2008 at 05:12 PM
These are the kind of things we the public need to be made aware of. Why is bond set for people like this to begin with?? Come election time we can be informed voters. Thank you kbtx.........
Posted by: once a child Location: Bryan on May 22, 2008 at 03:55 PM
Again, a judge lowers the bail on a sexual predator. I can't believe it. If one of my family members was ever hurt by a sexual predator because he was out on bail I would go after the judge and the defense attorney with a huge law suit. There is NO excuse to let these people out or to lower their bail. Keep them in jail. PLEASE!
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