LadyPact
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Update. There was just some documentation posted to the other site. There is now an order of detention pending trial. AO 472 (Rev. 3/86) Order of Detention Pending Trial United States District Court WESTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA v. ORDER OF DETENTION PENDING TRIAL XXXXXXX XXXXXXX XXXXXXX CASE NUMBER: X-XX-XXX-X Defendant In accordance with the Bail Reform Act, 18 U.S.C. §3142(f), a detention hearing has been held. I conclude that the following facts require the detention of the defendant pending trial in this case. Alternative Findings (A) : (1) There is probable cause to believe that the defendant has committed an offense 9 for which a maximum term of imprisonment of ten years or more is prescribed in . : under 18 U.S.C. §3142(e)(3)(E). : (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community. Alternative Findings (B) : (1) There is a serious risk that the defendant will not appear. : (2) There is a serious risk that the defendant will endanger the safety of another person or the community. Part II - Written Statement of Reasons for Detention I find that the credible testimony and information submitted at the hearing establishes by a preponderance of the evidence that there is a serious risk the Defendant will not appear if released, and by clear and convincing evidence that if he is released there is a serious risk the Defendant will endanger the safety of the community. I further find that the release of the Defendant on a personal recognizance bond or an unsecured appearance bond would not reasonably assure the Defendant’s appearance in Court as required and the safety of the community. The Defendant has resided in Lawton, Oklahoma since 1995. He owns a home in which his wife resides and has offered as a residential option for Defendant if released, but he apparently does not reside there as they have been separated for two years and he was arrested at a different location. The Defendant initially gave conflicting information regarding his present residency and living situation. He was born in Japan and has a valid passport. He has traveled extensively outside the U.S. for military service and personal reasons and there is conflicting information as to his last trip outside the U.S. He maintains occasional contact with his immediate family, but has no contact with his only child due to a court order from a state criminal matter in Washington. The Defendant’s income is derived from his free-lance writing and a military pension. The Defendant has no significant health or substance abuse history. The Defendant's criminal history is noteworthy. In 2003, the Defendant was charged with Incest in the state of Washington. He eventually plead guilty to Assault With Intent to Commit a Felony and served imprisonment and supervised probation. He was required to register as a sex offender for the next ten years and has not been so required for the last two years. The Court notes this Washington conviction occurred at a time when Defendant was a resident of Lawton, Oklahoma. Moreover, the Defendant was charged in Lawton, Oklahoma in 1996 with Aggravated Assault (Family), but the disposition of the matter is presently unknown. This criminal history involving a child victim, sexual abuse and domestic violence is highly relevant in relation to the detention issue before the Court in the instant matter. There is probable cause to believe the Defendant has committed the instant offense and the weight of the evidence is significant. There is probable cause to believe Defendant committed an offense under 18 U.S.C. §3142(e)(3)(E). Defendant has not rebutted the presumption by this finding that no condition or combination of conditions will reasonably assure Defendant’s appearance as required and the safety of the community. And even if the Defendant has rebutted the presumption that no condition or combination of conditions will reasonably assure his appearance as required and the safety of the community because there is probable cause to believe he has committed an offense under 21 U.S.C. §3142(e)(3)(E), the Court finds by a preponderance of the evidence that there is no condition or combination of conditions of release that would reasonably assure Defendant’s further appearance in court and by clear and convincing evidence that there is no condition or combination of conditions of release that would reasonably assure the safety of the community. Having considered the foregoing, the factors set out in 18 U.S.C. §3142(g) and the nature and circumstances of the instant offense, there is no condition or combination of conditions that will reasonably assure Defendant’s appearance in Court as required and the safety of the community. Therefore, Plaintiff’s Motion for Detention is GRANTED Basically, enough evidence to be held without bond due to being determined a flight risk. Some dang interesting details in there, too.
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The crowned Diva of Destruction. ~ ExT Beach Ball Sized Lady Nuts. ~ TWD Happily dating a new submissive. It's official. I've named him engie. Please do not send me email here. Unless I know you, I will delete the email unread
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