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- ilnd;;1:15-cr-00449_de46 RegisterActionDate "2015-08-07" @default.
- ilnd;;1:15-cr-00449_de46 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang as to Terry Walker: Motion hearing held on the government's emergency motion for revocation of the pretrial release order 37 . Defendant is in custody and appeared in court. Judge Chang sat as emergency judge. As explained during the hearing, with regard to the risk of flight, the Court agrees with the well-respected magistrate judge that the flight risk can be mitigated by the release conditions. But the government might very well have proven, by clear and convincing evidence, that no set of conditions can reasonably assure the safety of the community. The "might very well have" hedge is necessary, because as explained during the hearing, there were weaknesses in the evidence: (1) the only tie between Defendant and the cell phone number that hit on the cell sites was a cooperator's statement; and (2) there was some inconsistency between the cooperator's description of the theft and its aftermath (as described in the Complaint Affidavit) and the cell-site records (also described in the Complaint Affidavit). The cell-site records showed a back-and-forth between the train tracks and the residence of the other cooperator, whereas the cooperator's description, at least the description in the Complaint Affidavit, did not. But the government proffered additional evidence, which would greatly strengthen, if accurately proffered, the weight of the evidence and the proof of Defendant's danger to the community. By the close of business today, the government shall disclose to the defense the Facebook records, the cell-site records, the cooperators' interview reports, and the cooperators' grand-jury statements. The government shall also file all of those items under seal on the docket (electronically) as supplemental exhibits to the government's motion. Hearing on the motion 37 continued to 08/11/2015 at 9:00 a.m. The order for Defendant's release is stayed pending the Court's decision on the motion 37 . Defendant to remain in custody until further order of Court. Emailed notice (slb, ) (Entered: 08/07/2015)" @default.
- ilnd;;1:15-cr-00449_de46 AdministrativeID "40" @default.
- ilnd;;1:15-cr-00449_de46 hasReferenceToOtherEntry ilnd;;1:15-cr-00449_de43 @default.