Free Motion to Modify Conditions of Release - District Court of Arizona - Arizona

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Anders Rosenquist Jr., Bar No. #002724 ROSENQUIST & ASSOCIATES ATTORNEYS AT LAW 80 East Columbus Phoenix, AZ 85012 TELEPHONE: (480) 488-0102 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. NEIL RUSTY BOND, Defendant. DEFENDANT'S MOTION FOR RELIEF FROM WEARING ANKLE BRACELET (expedited ruling requested) No. CR 03-0974-PHX-DGC

Defendant, Neil Rusty Bond (hereinafter "Defendant"), through undersigned counsel, hereby requests relief from having to wear his ankle bracelet. Defendant's request is more fully supported by the following Memorandum of Points and Authorities. MEMORANDUM OF POINTS AND AUTHORITIES Defendant is required to wear an ankle bracelet as a condition of his pretrial release. The bracelet has created an extreme hardship from performing his work. He therefore seeks relief from the court for an order granting relief from not having to wear his ankle bracelet. In United States of America v. Philip Lyons, U.S.D.C. for the S.D.N.Y. (1991), Defendant sought a modification of his bail in order to be relieved of the necessity of wearing an ankle bracelet. Defendant sought relief so that he could earn income as a consultant in accounting

Case 2:03-cr-00974-DGC

Document 209

Filed 05/01/2006

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while awaiting trial. The court examined the issue of whether eliminating or reducing ankle bracelet monitoring would still ensure that Defendant would appear at trial and that the public was safe from any danger posed by the Defendant. The court found that Defendant's

appearance was reasonably assured and that he did not pose a danger to the community. Based on this finding, the court required both parties to fashion an agreement whereby Defendant would be relieved of the ankle bracelet from 8:00 a.m.- 6:00 p.m. during the weekdays. During this time period, Defendant was required to report personally to Pre-trial services Agency in the morning, during lunch, and before the close of the business day. Defendant Bond seeks a similar modification from this court-relieving Defendant from having to wear the ankle bracelet to permit Defendant to earn income. This court has already ruled by order dated March 31, 2006 that "by clear and convincing evidence that Defendant is not likely to flee or pose a danger to the safety of others or the community if released pending appeal. This finding is based on Defendant's release status before, during, and after trial, his compliance with conditions of his release, and the fact that he has not been convicted of a crime of violence." Based on this previous finding by the court, Defendant seeks permission from the court to be relieved of the ankle bracelet for the purpose of earning income. Further, Michelle Bertinetti, (phone numbers (602) 322-7395 and (602) 354-6344) who works for pre-trial services and who monitors Defendant, agrees that there is no need for the bracelet or time restrictions. Defendant Bond would be agreeable to check in with Pre-trial Services for

monitoring purposes. WHEREFORE, Defendant respectfully requests this Court grant his Motion for Relief from having to wear the ankle bracelet.

Case 2:03-cr-00974-DGC

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RESPECTFULLY SUBMITTED this 1st

day of May 2006.

ROSENQUIST & ASSOCIATES

By:

/s/ Anders Rosenquist Anders V. Rosenquist Attorney for Defendant

ORIGINAL filed this 1st day of May 2006 with: Office of the Clerk Arizona District Court COPY submitted this day of May 2006 to: 1st

Honorable David G. Campbell Arizona District Court Michelle Rae Hamilton-Burns U.S. Attorney's Office Two Renaissance Square 40 N. Central Avenue, STE 1200 Phoenix, Arizona 85004 Counsel for Plaintiff Neil Rusty Bond

By:

/s/ Florence M. Bruemmer