The court rejected Terry's motion for pretrial release under 18 U.S.C. § 3142(f) although he suffered from Hepatitis C, a CDC high-risk category for COVID-19, and the facility in which he was housed had reported 16 positive cases of COVlD-19 as of June 18, 2020. The court found the government's argument that Terry was a flight risk compelling and deemed this to outweigh his health conditions under § 3142(f). Specifically, the Pretrial Services Report showed that Mr. Terry had multiple charges and convictions for Failure to Appear and had two pending charges for fleeing the police. Terry had also attempted to arrange his escape to Mexico. The court also pointed to evidence of documented threatening emails Terry sent over the facility's email server, pointing to a concern about safety to the community if he were released.
United States v. Terry, No. 5:20-cr-50021 (W.D. Ark. June 23, 2020)
One count of conspiracy to commit bank fraud in violation of 18 U.S.C. § 1349; seven counts of aiding and abetting bank fraud in violation of 18 U.S.C. §§ 1344(2) and § 2; one count of money laundering in violation of 18 U.S.C. § 1957(a) and (b); one count of mail theft in violation of 18 U.S.C. § 1708; and one count of aiding and abetting mail theft in violation of 18 U.S.C. § 1708 and § 2
COVID-19 in Jail Prison or Detention Center
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.