Z ${site.data.firmName}Est. 2001
Have a case? Call us:
  • Hundreds of jury trials
  • Multi-millions in verdicts and settlements
  • Major not guilty verdicts
  • High stakes litigation

Federal Motion for Reconsideration Release From Detention

From time to time, I like to post motions we file, if they are short enough to fit in the space of a blog, about cases of interest. Enclosed is a pending Motion for Reconsideration of Release from detention in a federal possession of firearms by a felon case. This Motion is pending. Predecessor Counsel lost the bail hearing. We were hired and are trying to get our client released. For more information on Zerillo Law, LLC, click here.








NOW COMES the Defendant, ***********, who by and through Undersigned Counsel, respectfully moves this Honorable Court for the entry of an Order, granting his Motion for Reconsideration of his Order of Detention. The reasons for this Motion are set forth below:

1. On ********, the Honorable John Rich, United States Magistrate Judge, ordered the Defendant remanded to custody after a detention hearing in which he was represented by Predecessor Counsel, ********. The Defendant submits that he would like the opportunity to present new evidence that may cause the Court to grant release from detention in this case.

2. Title 18, United States Code, Section 3142(b) provides for pretrial release on personal recognizance or on an unsecured bond. It states that:
The judicial officer shall order the pre-trial release of the person on his personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that a person not commit a federal, or local crime during the period of his release, unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.

3. Title 18, United States Code, Section 3142(f) provides for a review of the detention hearing. It states that:

The hearing may be reopened before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community.

4. In its Order on Detention, this Court concluded that Defendant did not provide a flight risk, but that he was a risk to his current wife and ex-wife. Likewise, there was a concern that ********'s mother was unable because of her age to be his third party custodian. The Court also found that the risk of harm to ********'s current wife and ex-wife was more acute based on his facing a substantial period of incarceration.

5. Part of the reasoning for detention appeared to be the confession by ********. A recording of the confession has been secured and now reviewed by the Undersigned. After hearing the recording, it is clear that ********'s "confession" will be the subject of a Motion to Suppress on at least two grounds: 1) the Defendant asserted that he wanted to stop answered questions prior to confessing, which was not scrupulously honored by law enforcement, and 2) the Defendant was promised that no charges would be brought if he informed law enforcement that he possessed guns. Therefore, the "confession" should not be considered as a part of the detention determination in light of the fact that the records reveal that suppression of the confession may be in the offing.

6. If released from custody, ******** would reside at his sister's, ********, in ********, Maine. The Affidavit of ********, is attached to this Motion for Reconsideration. ******** can provide Defendant a house outside of the close proximity of ********, which was part of the Court's concern about releasing Defendant. This new opportunity would place ******** outside of reasonable proximity of his wife.

7. ******** would remain at the home of ******** in ********, Maine unless he has an appearance in court, a reporting requirement with Pretrial Services, a doctor's appointment for himself or his mother, or for the purpose of employment. He would abide by the conditions of all Protection from Abuse Orders.

8. ********'s mother is currently undergoing radiation treatment for cancer. He would like to be able to assist her in her medical appointments, when possible.

9. ******** does not have a passport, and is not a flight risk.

10. He agrees not to possess any firearms until this matter is resolved and the court formally orders that he may do so.

11. He agrees to avoid all contact with his current wife, ********, or ex-wife, ********.

12. He agrees to refrain from excessive use of alcohol.

WHEREFORE, the Defendant ******** prays that this Honorable Court grant his Motion to Reconsider Detention in this case and order an appropriate bond so as to secure his release from custody as he has no significant criminal convictions, is a lifelong resident of this area, and has close family ties.

Dated the 13th day of April, 2010, in Portland, Maine.

Respectfully submitted,

/s/ Timothy E. Zerillo
Counsel for Defendant
103 Exchange Street
P.O. Box 17721
Portland, Maine 04112
(207) 775-4255

No Comments

Leave a comment
Comment Information