The court denied the petitioner's motion for pre-trial release and held that Covid-19 was not a "compelling reason" for temporary release because the defendant did not describe the dangers in his facility and there were no confirmed cases in his facility, such that “any risk to Mr. Dencklau is purely speculative.” In addition, the court held that the “nature and seriousness of the risk he poses to the community is significant” because he was a “member of the Gypsy Jokers motorcycle gang, charged with the intentional murder of an associate with that gang, and it has also been alleged that he solicited the murder of a cooperating witness.”
United States v. Dencklau, 20-cr-00319, No. 373 (D. Or. May. 28, 2020)
DETAILS
Decision
Date
5/28/2020
Practice Area
Criminal (State Charges)
Relief Requested
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
Oregon
Type of Case
Individual
Case Characteristics
Immigrant Detention, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Pending Appeal
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
20-cr-00319-MO
MORE CASE INFORMATION
Court Name
D. Or.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Columbia County Jail
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Age, Lung Disease, Other, Schizophrenia, Month long respiratory infection
COVID-19 Positive or Symptomatic
No
Charges
Racketeering Conspiracy; Murder in Aid of Racketeering; Kidnapping in Aid of Racketeering, Resulting in Death; Kidnapping, Resulting in Death; and Conspiracy to Commit Kidnapping, Resulting in Death
COVID-19 in Jail Prison or Detention Center
No
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.