IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASDALLAS DIVISION _______________________________________
UNITED STATES OF AMERICAv.
EUGENE J. LOCKHART, JR
§§§§§§§CASE NO.: 3:09-CR-00247-P (1)
DEFENDANTS MOTION TO BE RELEASED ON BOND
COMES NOW
, the defendant, Eugene Lockhart, by and through his undersigned attorney, pursuant to 18 U.S.C. § 3141 (b) and §3143 (a) and moves this Court for release on bond, with ahome confinement condition, pending the sentencing for the following reasons:
I.
Factual Background
On September 3, 2009, the defendant, Eugene Lockhart, was placed on personalrecognizance bond with certain conditions of release. On July 9, 2010, a bond revocationhearing was held and a determination that Mr. Lockhart had violated the conditions of releasethat was made by Magistrate Judge Toliver. After considering the evidence the Court releasedMr. Lockhart on substantially the same conditions.A second hearing on an additional government motion to revoke the bond was had onMarch 22, 2011. As a result, Mr. Lockhart was placed in custody and continuously remained atthe Seagoville Detention Center until December 30, 2011. On that Friday, his lawyer attemptedto visit him for the purpose of trial preparation. Counsel was turned away by BOP officials whowould only state that Mr. Lockhart was not there. After reasonable and persistent questioning bycounsel, no explanation or further information was provided by the officials.
Case 3:09-cr-00247-P Document 405 Filed 01/20/12 Page 1 of 3 PageID 2055
About a week after removal from the Detention Center, Mr. Lockhart was allowed toinform his wife that he was hospitalized. On January 9
th
, 2012, after inquiry by the U.S.Attorney’s Office, the BOP confirmed that Mr. Lockhart had been hospitalized since December 30, 2011. A medical emergency occurred on that date and Mr. Lockhart was taken by ambulanceto a hospital in the Seagoville area. Apparently the treatment resulted in Mr. Lockhart acquiringa septic infection. After three days he was transferred to a larger facility that could provide morespecialized treatment. This debilitated and serious condition has required a regime of at least 14days of continuous intravenous injections of antibiotics and surgery on his left arm.
II. Current Medical Condition
At the present time, Mr. Lockhart is at a private hospital in North Texas under the care of treating physicians and in the custody of the BOP. Because of general regulations, two armedguards must be with Mr. Lockhart at all times. Within a few days, it may be deemed necessaryto return Mr. Lockhart to the Detention Center. Further information regarding Mr. Lockhart’scondition has not been made available to his counsel at this time.
III. Conclusion
The seriousness of Mr. Lockhart’s medical condition will very likely require appropriateand immediate medical attention in the future. This will best be facilitated on a homeconfinement basis. Home confinement will eliminate extraordinary BOP personnel demands andexpenses. It is believed that his immune system will be inadequate for the foreseeable future.Mr. Lockhart is much more prone to acquire staph infections and other diseases than ordinaryinmates. Due to medical safety reasons and because of the issues stated above, Mr. Lockhart ismaking this request for home confinement.
Case 3:09-cr-00247-P Document 405 Filed 01/20/12 Page 2 of 3 PageID 2056
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