By Matthew Russell Lee, Patreon Podcast Song
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, June 4 -- On June 4, months after the DC Circuit's decision in US v. Munchel, DDC Magistrate Judge Zia M. Faruqui held a detention hearing on Ryan Samsel, who is detained and wanted to change lawyers. Inner City Press live tweeted it here and below (and podcast here)
Now docketed on June 12, an order granting Samsel's request to be transferred from the DC jail back to custody in Pennsylvania: "On June 4, 2021, the parties in the above-captioned matter appeared before the undersigned for a hearing on the Defendant’s Motion for Release from Temporary Detention (“Motion”), ECF. No. 23, and the Government’s Memorandum in Opposition to the Defendant’s Motion to Revoke Detention Order (“Opposition”), ECF. No. 25.
The Defendant conceded detention but requested that he be released temporarily from federal custody to the custody of the Commonwealth of Pennsylvania, where a detainer has been lodged against him by the Pennsylvania Board of Parole. Motion at 4. Counsel for the Defendant represented that the Defendant would remain incarcerated pursuant to the Pennsylvania detainer until at least April 24, 2022. Through its Opposition and supporting sealed exhibits (“Exhibits”), ECF No. 26, counsel for the government proffered that the Defendant’s release pending trial poses a danger to the community that cannot be mitigated by any condition or combination of conditions of release. After review of the Motion, the Opposition, the Exhibits, and consideration of the proffers and arguments made by counsel, it is hereby ORDERED that the Defendant shall be held pending trial pursuant to 18 U.S.C. § 3142(e)(1).
The Court finds that the serious and dangerous nature of the Defendant’s instant charges, the strength of the evidence supporting those charges, the Defendant’s lengthy history of assaultive conduct, and the risk that the Defendant will use violence against the democratic process in general or certain individuals in particular, all weigh in favor of his detention pending trial. See 18 U.S.C. § 3142(g)(1)-(4).
Further, based on the Defendant’s lengthy criminal history and the allegation that he committed the instant offenses while he had an open warrant and while on parole for a different matter, see Opposition at 1, the Court finds that “no condition or combination of conditions will reasonably assure . . . the safety of any other person and the community.” 18 U.S.C. § 3142(e)(1).
It is FURTHER ORDERED that the Defendant be released temporarily from the custody of the Attorney General to the custody of the Commonwealth of Pennsylvania for the limited purpose of being incarcerated on the detainer warrant lodged against him in that jurisdiction. 18 U.S.C. § 3142(i). The Court finds that the Commonwealth of Pennsylvania is “an appropriate person” in this instance, and that the Defendant’s temporary release is warranted “for [a] compelling reason.” Id. Specifically, the Defendant requires specialized medical treatment that is more readily available at the Pennsylvania facility. The Court finds that his temporary release from federal custody to the custody of the Commonwealth of Pennsylvania is appropriate to ensure his safety and care. The Court will later issue a federal warrant to be lodged as a detainer against the Defendant, which will ensure that the Defendant is returned to the custody of the Attorney General prior to his release by Pennsylvania upon the completion of his time of incarceration there. SO ORDERED. Zia M. Faruqui United States Magistrate Judge
Lawyer: Mr Samsel sleeps on the bottom bunk with only one cell mate
Judge Faruqui: According to the writings of Chief Judge Howell, and District Judge Lamberth, we'd need to be seeking the enhancement -- Assistant US Attorney: We are. On two bases, including the use of the barrier.
Samsel's lawyer: My client has a letter from the Pennsylvania Parole Board. He's subject to detention until August 2022. Judge Faruqui: Is there a detainer? Samsel's lawyer: Yes. The FBI spoke with the Pennsylvania authorities.
AUSA: The victim did want to submit a statement. By email, she sent it an hour ago and asked me to read it out loud today. "You broke through our police lines on Jan 6... You have stolen moments away from me, I could not be with my fellow officers & mourn Sicknick
AUSA: I want to make it clear Mr. Samsel is not the only 1 to cause the injuries. But she is fainting and cannot return to work. Samsel's lawyer: If my client is released, he will turn himself in. Victims would be notified. Samsel: Couldn't I just go to PA jail?
Judge Faruqui: That's what we're looking into. AUSA: There would not be any comfort level with Mr. Samsel self-surrendering. There is concern about a particular witness who provided information about Mr. Samsel. We don't want them at risk.
AUSA: Also, he will not get credit on this case if he is in state prison. Samsel's lawyer: And he could only get state credit if there was no Federal detainer until just before he left. Judge Faruqui: OK, we've flagged all the issues. Let's reconvene next week
Judge Faruqui: Mr. Samsel, don't think we're forgetting you.
Samsel: Thank you. Judge Faruqui: OK, the parties are excused.
We will have more on this.
Inner City Press live tweeted Riley June Williams on January 25, here.
From January 22, song here: Thread here.
Inner City Press' John Earle Sullivan song on SoundCloud here.
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