ROCHESTER, N.Y. – The transcript of Walter Balkum’s court hearing on August 22 reveals conflict and confusion over the kind of supervision that he should have had.

Balkum came to court with an ankle monitoring bracelet – which he got after police say he assaulted his girlfriend, Melikah Bruner. He left without it – per the judge’s order. Five days later, police say Balkum beat Bruner to death in front of her child.

News10NBC has obtained the court transcript from Aug. 22, which details what happened in the courtroom. According to the paperwork, Susan Nichols from Monroe County Pre-Trial Supervision complained Balkum was “non-compliant”, leaving home without permission. The prosecutor, Kaylee Rizzari, said the main concern is Balkum’s “overnight absences”, which she says are “something that’s strikingly an issue.”

The confusion arose as Pre-Trial Supervision thought Balkum was on home confinement, but Judge Karen Bailey Turner said she never ordered that. In the transcript, Judge Bailey Turner wanted him going to treatment or looking for a job.

“I want them to be able to do all the things that are relevant to their ability to be rehabilitated in the community and likely to prevent them from picking up additional offenses,” Judge Bailey Turner said.

Then came the issue of Balkum’s electronic ankle bracelet.

Judge Bailey Turner said, “What I’m hearing with Monroe County Pretrial — and I know it’s been an issue — is that there’s no GPS.”

Nichols said, “The only type of home monitoring that we do is home confinement. We have no GPS.”

That was news to the defense, according to Ted Barraco, Balkum’s attorney.

Berkeley Brean, News10NBC: “What good was the ankle bracelet if he was allowed to go anywhere and it didn’t track where he was going?”

Ted Barraco, Balkum’s attorney: “That was the point. I didn’t realize and he didn’t realize that there was no GPS in the ankle bracelet.”

In court, Balkum told the judge, “I’m doing everything in my power, Your Honor, to rebuild my life and get my life back in order the way it’s supposed to be. I am not out here looking to commit no crime or be involved in a crime, Your Honor.”

At the end of the hearing, Judge Bailey Turner made her ruling.

“So I’m lifting the electronic monitoring. There is no home confinement. There was never any home confinement. But because of the way it is implemented, it’s inconsistent with the Court’s intent. I’m releasing you, instead, to straight pretrial release supervision,” Judge Bailey Turner said.

The judge also set a curfew from midnight to 7 a.m. The 911 call from Bruner’s home the night she died came at 11:26 p.m.

Berkeley Brean: “Knowing what we know now, was his supervision adequate?”

Ted Barraco: “Well, you would have to assume he did something wrong. And it’s much too soon to be able to do that.”

The trial for the assault case is February. The status of the manslaughter case is still in the hands of a Monroe County Grand Jury.

“We often ask, I mean, probation has the ability of doing ankle bracelets with GPS capability,” said Monroe County Assistant District Attorney Pat Gallagher, who is in charge of the domestic violence bureau. “And with domestic violence cases, often times that is very helpful. So we do often ask for ankle bracelets with GPS capabilities but that is no something that pre-trial release has the capability of doing. We would obviously love if that changes.”

News10NBC asked Monroe County if there is or has been an effort to get ankle bracelets with GPS for pre-trial supervision. The county’s response did not answer the specific question, but in an email spokesman Gary Walker wrote: “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. 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 [Release Under Supervision/Electronic Monitoring] 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 [Release Under Supervision/Electronic Monitoring] 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.”

News10NBC reached out to Judge Bailey Turner’s chambers, and was told they do not comment on active cases.

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