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- ilnd;;1:19-cr-00419_de115 RegisterActionDate "2020-05-10" @default.
- ilnd;;1:19-cr-00419_de115 RegisterActionDescriptionText "MINUTE entry before the Honorable Robert M. Dow, Jr. as to Rakim Asad (1): This matter is before Judge Dow as emergency judge. For the reasons stated below, Defendant's emergency motion for pre-trial release 117 is denied without prejudice. By way of background, in May 2019 a grand jury returned an indictment charging Defendant with narcotics and firearm offenses. Magistrate Judge Schenkier held a detention hearing and determined that Defendant should be detained as he presented a serious risk of flight unless he could post a significant bond of $250,000 secured at least in part by real property. Defendant was not able to come up with the security and thus remains detained. Defendant also has been indicted in Case No. 17-cr-40, which incorporates the charges from 19-cr-419 and adds a count for racketeering conspiracy. What that has changed since the prior detention hearing is the COVID-19 pandemic. This crisis presents special challenges in all communal working or living spacesnursing homes, certain factories, and of course prisons. Defendant points to the significant number of positive cases at MCC and the inability to observe social distancing in a prison setting in support of his motion. It is true that the number of positive tests has dramatically increased at MCC as the ability to test detainees and inmates has expanded. To date, the vast majority of those individuals fortunately have been asymptomatic, although that of course could change. Those who have needed medical care have been treated by medical personnel and any individuals who have required hospitalization have been transported as necessary. This is not to say that elderly individuals or those presenting with exceptionally high risk due to medical conditions should not be given extra consideration for release in these unprecedented times due to the pandemic. But, here, Defendant has not identified any underlying medical conditions that would place him at high-risk, and his age (27) also reduces the risk of complications should become infected, whether in or out of custody. The Court sees no reason to depart from Judge Schenkier's insistence on security to protect against the risk of flight supported by the record. Moreover, given the new charge in the case before Judge Tharp, the Government in all likelihood would have a much stronger argument for detention on dangerousness to the community grounds as well. But the Court need not address that at this time, especially in its capacity as emergency judge, because Defendant has not come forward with the security required by Judge Schenkier's order, which this Court upholds in denying Defendant's motion for pre-trial release without prejudice. Mailed notice (cdh, ) (Entered: 05/10/2020)" @default.
- ilnd;;1:19-cr-00419_de115 AdministrativeID "119" @default.
- ilnd;;1:19-cr-00419_de115 hasReferenceToOtherEntry ilnd;;1:19-cr-00419_de113 @default.