TUCSON (KGUN9-TV) - How does someone accused of beating a child to death not only get to go free without bond, but also leave the state?

That is exactly the what is going on with child abuse defendant Melissa Bizilia. 9 On Your Side spent much of Friday trying to find out why.

Her son, Brett Dillon, Jr., died of head trauma just short of his second birthday. Bizilia is one of two people charged with murder in his death. But now, not only has a Tucson judge set her free without bond pending trial, he's also given permission for her to leave the state.

When the 9-1-1 call came in on Brett in late July 2009, the claim was that he fell in the bathtub and hit his head. He died two days later. Soon Tucson Police decided his death was no accident, but rather child abuse, and murder.

Melissa Bazilia and her boyfriend Ryan Sullivan, ages 20 and 32 at the time police arrested them, have been in jail waiting for trial for more than a year. Their bond was a half million dollars.

This week Judge Howard Fell agreed to let Bazilia out of jail until her trial starts in February. There's no bond, just the promise to live with her father in Wisconsin.

For the baby's father, it's hurt on top of hurt.

KGUN9 reporter Craig Smith asked Brett Dillon:"When you think of her situation versus your son's situation what do you think?

Dillon said, "I feel she should feel the same thing he's feeling right now. Her being in jail right now is basically the same situation. He's not able to live in the free world and I don't think she should either."

Bazilia's attorney explained to 9 On Your Side that she asked for the release when prosecutors asked to push back the trial. Prosecutors asked for delay because Ryan Sullivan's attorneys added new witnesses; prosecutors said they needed more time to do research.

Assistant Public Defender CeCelia Valentine says the delay led to so many scheduling conflicts that the trial slipped from this month to February. That would lead to another six month stretch in jail for someone who's supposed to be considered innocent until proven guilty.

Valentine says of the boy's father: "I can understand that he might be frustrated and he might be angry. But this is really unfortunately out of our control and so, letting her out was actually in the best interests of justice in this case."

On bond matters, judges often rely on the advice of Pima County Pre-Trial Services. That agency's report recommended releasing Melissa Bazilia to her father's custody, but also noted that prosecutors were objecting to that. Those prosecutors noted that the charges are very serious, and they stated that they consider Melissa Bazilia to be a flight risk. But Judge Fell ordered Bizilia released anyway.

Her attorney says while with her father in Wisconsin, Bazilia will be required to check in several times a week, but will not have anything like an ankle bracelet or home visits from authorities in Wisconsin.

That means the leash for Bazilia will be even less tight than it was for serial rape suspect Manuel Garcia. Garcia made the news a few weeks ago when he disappeared while free on bond during his trial on charges of raping two different women in separate attacks. A 9 On Your Side Investigation found that while Garcia was supposed to be wearing an ankle bracelet, no firm or agency would admit having been assigned responsibility for him. While no one was looking, Garcia simply fell through the cracks. Police did, however, catch him a few days after he failed to show up for his sentencing.

In the Bizilia case, now the court and the community can only hope that she'll keep her word and voluntarily come back to Arizona to face charges that could put her in prison for a long, long time.

Be rest assured people here will remember Judge Fells name when it comes time for re-election.

This judge just killed any re-election chance............. She is lucky that one of the guards didn't leave her cell door "Accidently" unlocked at night close to her scheduled release.

This judge just killed any re-election chance............. She is lucky that one of the guards didn't leave her cell door "Accidently" unlocked at night close to her scheduled release.


True that!