65 F. Supp. 3d 358
W.D.N.Y.2014Background
- Defendant Ronnie Parker was indicted under 18 U.S.C. § 871 for allegedly threatening the President after reporting voices telling him to kill the President while hospitalized for schizophrenia.
- Competency evaluation ordered; Forensic Report and subsequent recommendation found Parker competent to stand trial, adopted by the court.
- Magistrate Judge released Parker to a supervised residential mental-health facility (Lakeview) with conditions: remain at facility, comply with rules, take prescribed medication, and abstain from illegal drugs.
- Within days of release Parker absconded for ~36 hours, missed medication, tested positive for cocaine multiple times, and was found with drug paraphernalia in his room; Lakeview delayed notifying police.
- Government moved to revoke release under 18 U.S.C. § 3148(b); Magistrate Judge revoked release and remanded. District Court conducted de novo review and affirmed remand, finding § 3148(b) standards met.
Issues
| Issue | Plaintiff's Argument (Government) | Defendant's Argument (Parker) | Held |
|---|---|---|---|
| Whether first step of § 3148(b) is met (probable cause of crime on release or clear & convincing violation) | Govt: Probable cause that Parker committed crimes while on release and clear & convincing evidence he violated release conditions (drug use, missed curfew, medication noncompliance). | Parker: Conceded some violations but did not contest entirety; challenged weight of evidence on underlying § 871 charge. | Held: First step satisfied — probable cause and clear & convincing evidence of violations. |
| Whether second step of § 3148(b) supports revocation (no conditions will assure safety or defendant unlikely to abide) | Govt: Parker’s absconding, ongoing drug use, medication noncompliance, and underlying charge create rebuttable presumption and show he is dangerous and unlikely to comply. | Parker: Argued conditions (curfew, GPS) could ensure compliance; disputed strength of Government’s case. | Held: Presumption arose from probable cause; Parker failed to rebut; court found by preponderance Parker is flight/danger risk and unlikely to abide by conditions. |
| Weight of evidence on the underlying § 871 charge | Govt: Evidence (hospital statements, Secret Service interview) supports charge sufficiently for bail/detention analysis. | Parker: Argued evidentiary issues (e.g., Jaffee psychotherapist-patient privilege implications) weaken the Government’s case. | Held: Weight is the least important § 3142(g) factor; even if weight is uncertain, other factors require detention. |
| Use of competency/psych forensic material and privilege concerns in detention analysis | Govt: Relied on Forensic Report and expert testimony to show dangerousness and noncompliance history. | Parker: Objected to use of forensic and psychiatrist testimony for bail; invoked potential Jaffee privilege issues. | Held: Court did not resolve privilege boundary but concluded detention warranted even without relying on contested psychiatric testimony or report. |
Key Cases Cited
- United States v. Leon, 766 F.2d 77 (2d Cir.) (district court must reach independent conclusion on magistrate detention review)
- United States v. Marra, 165 F. Supp. 2d 478 (W.D.N.Y. 2001) (district court may accept additional evidence on de novo review)
- United States v. Gotti, 794 F.2d 773 (2d Cir.) (probable cause standard for crimes on bail; interplay of § 3148(b) factors)
- United States v. LaFontaine, 210 F.3d 125 (2d Cir.) (burden on government in revocation is preponderance; presumption continues to be weighed)
- United States v. Rodriguez, 950 F.2d 85 (2d Cir.) (presumption after probable cause may be relied on by government)
- United States v. Chimurenga, 760 F.2d 400 (2d Cir.) (initial bail hearing burdens of proof)
- United States v. Martin-Trigona, 767 F.2d 35 (2d Cir.) (court may not order psychiatric exam solely to aid detention determination)
- United States v. Johnson, 14 F.3d 766 (2d Cir.) (elements and context for § 871 threats)
- United States v. Batten, 936 F.2d 580 (9th Cir.) (threat to President as a crime of violence under sentencing framework)
- United States v. Glass, 133 F.3d 1356 (10th Cir.) (Jaffee-related issues and dangerous-patient exception debate)
- United States v. Ghane, 673 F.3d 771 (8th Cir.) (no dangerous-patient exception to psychotherapist-patient privilege)
- United States v. Chase, 340 F.3d 978 (9th Cir.) (psychotherapist-patient privilege and limits)
- United States v. Hayes, 227 F.3d 578 (6th Cir.) (psychotherapist-patient privilege and dangerous-patient exception debate)