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Scruggs requests home detention ahead of hearing

Scruggs requests home detention ahead of hearing

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Published by: yallpolitics1 on Mar 12, 2012
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Petitioner respectfully requests that this Court order that Petitioner beconfined inhis home in Oxford and then a hotel in Aberdeen, with appropriate electronic monitoring if necessary, during the preparation for and the pendency of the upcoming hearing.This Court has ordered that the U.S. Marshall’s Office transport Petitioner “by themost direct and shortest” route to appear before the Court by 10:00 am on March 26. D.E.168. Petitioner’s counsel has made arrangements with the Marshall’s Office to havePetitioner brought to the Lafayette County jail approximately ten days prior to confer withhis attorneys and review documents in preparation for his hearing. His attorneys haveestablished a dedicated workspace in Oxford, Mississippi, which contains hundreds of pages of documents relating to the underlying civil case of 
Wilson v. Scruggs
and theoriginal criminal case. Arrangements have been made so that Petitioner will then betransferred to the Monroe County jail for the actual hearing in Aberdeen.The Government understands that it is difficult to consult with a key witness who is incounty lockup, with its rigid policies concerning visitation and strict limitations on thenumber of documents a prisoner may have in his possession. In order to make JoeyLangston more readily available to the Government attorneys to prepare him to serve as awitness in hearings for David Zachary Scruggs’s post-conviction motion, the Government 
Case: 3:09-cr-00002-GHD-SAA Doc #: 174 Filed: 03/12/12 1 of 4 PageID #: 1673
2requested that Joey Langston be assigned to home detention for this very purpose.
Exh.A, Order of J. Michael Mills, 1:08-cr-00003, Doc #: 45 (“The Government asserts that homedetention will facilitateall sides who need access to the defendant in related cases and that home detention would save the taxpayers money.”) The Court granted that request.
Id.See also
Doc #46 (modifying the order).Likewise here, if Petitioner is incarcerated in the county jails, it will unduly interferewith his ability to review the reams of pertinent documents and will make it undulydifficult for his attorneys to consult with him as they prepare for his hearing. Petitionermerely requests that he be detained in his ownhome during prehearing preparation and ina hotel in Aberdeen, Mississippi during the hearing. Other than travelling to and from thecourt and his attorneys’ offices, Petitioner will otherwise remain detained. He will take hismeals in the home, hotel, or attorneys’ workspaces.The Fifth Circuit has recognized that “incarceration and home detention are alternativepunishments.”
U.S. v. Ferguson,
369 F.3d 847, 850 (5
Cir,2004). Prior to a trial on themerits, it is common for a defendant to be altogether released on bail. “In a number of instances it hasbeen held, under the particular circumstances that the court had the power,pending determinationof a habeas corpus proceeding on the merits, toadmit the petitionerto bail[.]” 56 ALR 2d 668 §1. In
Levy v. Parker 
, 396 U.S. 1204 (1969), Justice Douglas heldthat, although the district court, the court of appeals, and the circuit justice had all deniedbail, since the applicanthad raised “substantialissues” on appeal, he should be granted bailuntil the full court could pass on the application. In this Motion, Petitioner is not 
Case: 3:09-cr-00002-GHD-SAA Doc #: 174 Filed: 03/12/12 2 of 4 PageID #: 1674
3requesting outright release on bail, but instead the more modest relief that would facilitatehis preparation for theupcoming hearing.Petitioner was on bondwithout incident the entire time before his voluntarysurrender. See Exh. B., 3:07-cr-00192-NBB-SAA Doc #: 12 (J. Alexander setting terms forrelease on bond). Petitioner voluntarily submitted himself to incarceration and has nowserved the bulk of his time, even if habeas relief is denied. Just as Petitioner’s pretrialrelease presented no real flight risk, his current request for home and hotel detentionpresent no risk. Petitioner’s Bureau of Prisons security classification is "communitycustody,” which is the lowest level possible, permitting him to work out in the communitywith only civilian supervision.
Accordingly, Petitionerrespectfully requests that this Court order that he bedetained to his home and hotel during his stay in Mississippi, prior to and during thehearing in this Court.
Respectfully submitted, this 12
of March, 2012. /s/Edward D. Robertson, Jr.Edward D. Robertson (pro hac vice)Michael C. Rader, MB#100205BARTIMUS FRICKLETON ROBERTSON & GORNY11150 Overbrook Road, Suite 200Leawood, KS 66211913-266-2300
SeeU.S. Department of Justice, Federal Bureau of Prisons, Program Statement P5100.0, availableat http://www.bop.gov/policy/progstat/5100_008.pdf (Defining ‘community custody’as “The lowest custodylevel assigned to an inmate which affords thelowest level ofsecurity and staff supervision. An inmate whohas COMMUNITYcustody may be eligible fortheleast securehousing, including any which is outside theinstitution's perimeter, may work on outsidedetails with minimal supervision, and may participateincommunity-based program activities if other eligibility requirements are satisfied.”)
Case: 3:09-cr-00002-GHD-SAA Doc #: 174 Filed: 03/12/12 3 of 4 PageID #: 1675

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