Free Motion for Reconsideration - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. WILFREDO PINKSTON, Defendant.

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Criminal Action No. 07-47-SLR

MOTION FOR RECONSIDERATION OF DETENTION STATUS Defendant, Wilfredo Pinkston, by and through his undersigned counsel, Eleni Kousoulis, hereby moves the Court for reconsideration of Mr. Pinkston's detention status. In support of the motion, the defense submits as follows: 1. On April 9, 2007, the Honorable Mary Pat Thynge ordered Mr. Pinkston detained in

custody pending trial in this case. 2. Mr. Pinkston was employed at Genreal Motors at the Newark, Delaware, assembly

plant in the paint shop for approximately nine months, up until September of 2006 when he was laid off. At the detention hearing, defense counsel proffered that General Motors may be asking Mr. Pinkston to return to work for them in the coming weeks. Judge Thynge indicated at the hearing that if Mr. Pinkston was able to provide proof that he had a job waiting for him at General Motors, that the Court would consider releasing Mr. Pinkston on pretrial release.

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3.

On April 13, 2007, defense counsel spoke with Diane Graham, the hiring

coordinator for General Motors' Delaware plant, who informed defense counsel that General Motors would be offering Mr. Pinkston a job contingent upon his passing a drug test and physical.1 Mr. Pinkston's drug test and physical are currently scheduled for April 19, 2007. Mr. Pinkston has not used any illegal substances for over five years and is confident that he will have no problem passing the drug test making him eligible to accept General Motors' offer of employment. 4. Given the fact that Mr. Pinskton has this offer of employment awaiting him, he

respectfully requests that the Court reconsider its prior order of detention pending trial and release Mr. Pinkston on pretrial release. 5. In addition to this offer of employment, there are other factors which also weigh in

favor of Mr. Pinkston's pretrial release. As argued by defense counsel at Mr. Pinkston's detention hearing, Mr. Pinkston has strong family ties to the community which would minimize any risk of flight. Mr. Pinkston is a lifelong resident of Delaware, having lived at his current address of 400 W. 39th Street, Wilmington, Delaware, his entire life. Mr. Pinkston lives with his mother, Regina Pinkston, and his grandfather, London Pinkston. Mr. Pinkston also has a fiancé, Natasha Stewart, and a son, Keenan Smallwood, who reside in Delaware. Mr. Pinkston's mother has stated that if her son is released that she would allow him to return to her home to live, and that she would be willing to act as Third-Party Custodian. Regina Pinkston has also indicated her willingness to remove any

A letter from Diane Graham attesting to this job offer from General Motors is attached hereto as Exhibit A. In addition, attached as Exhibit B, is a newsletter issued by General Motors, dated 7/3/06, which highlights on page 2 of the newsletter, an award Mr. Pinkston and a co-worker received from General Motors for performance and problem-solving that averted the plant from major cost.
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telephone services which interfere with electronic monitoring if the Court is considering house arrest as a condition of pretrial release. 6. In addition to not being a flight risk, Mr. Pinkston also does not present a danger to

the community. The case for which Mr. Pinkston stands charged, Felon in Possession of Firearm, is not considered a crime of violence for bail purposes. Although Mr. Pinkston has a prior assault conviction from 1998, this case stemmed from an incident where Mr. Pinkston was acting in selfdefense after being attacked by another individual. Furthermore, any reservation the Court would have in releasing Mr. Pinkston could be quelled by placing Mr. Pinkston on house arrest with electronic monitoring, allowing him to leave his house only to work. 7. For all of the reasons stated above, including Judge Thynge's directive that the Court

would reconsider releasing Mr. Pinkston if proof of his employment with General Motors could be provided, Mr. Pinkston respectfully requests that the Court reconsider its prior Order for Detention Pending Trial, and release Mr. Pinkston on or before Thursday, April 19, 2007, to allow him to present himself at General Motors for his drug test and physical on that date. 8. Martin Meltzer, the attorney handling this case for the government, opposes the

defendant's motion.

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WHEREFORE, for all of the reasons stated above, and any others that shall appear to the Court, Mr. Pinkston respectfully requests that the Court grant the defendant's Motion for Reconsideration of Detention Status and release Mr. Pinkston on pretrial release with any conditions, including house arrest with electronic monitoring, that the Court deems appropriate.

Respectfully Submitted,

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Wilfredo Pinkston

DATED:

April 16, 2007

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