Meanwhile, United States Magistrate Judge Kimberly Swank this week signed a memo explaining why she ordered Mr. Gary to federal custody last month. His wife was released to her daughter's custody.
The checklist indicates there is probable cause “that the defendant has committed an offense for which a maximum prison term of ten years or more is prescribed.”
Swank also contends Mr. Gary has not rebutted the presumption established by finding no condition will reasonably assure his appearance and the safety of the community. “There is a serious risk that the defendant will endanger the safety of another person or the community,” the document says.
In part II of the document Swank signed off on the checklist, “I find that testimony and information submitted at the detention hearing establishes by clear and convincing evidence that (the) defendant poses a risk of danger.”
She also checked several other reasons for holding Mr. Gary in federal custody “for the reasons indicated … there is no condition or combination of conditions, that can be imposed which would reasonably assure the defendant's appearance or safety of another person or the community.”
Those reasons are:
The nature of the charges
The apparent strength of the government's case
The history of noncompliance with prior supervision
