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Response to Ponietz (Reply #74)

Tue Aug 13, 2019, 03:19 PM

77. The Eighth Amendment addresses pre-trial detention

As you will recall, the same lawyers are appealing the denial of his petition for pre-trial release in the first place. People here find it shocking that his lawyers would have sought to have him taken off of suicide watch, but completely ignore the fact that the SAME LAWYERS are working to have his pre-trial conditions modified to house arrest in the first place. Whether and what sorts of pre-trial release conditions are appropriate is an Eighth Amendment issue. Since they had thus far not been successful with the trial court, they were appealing his detention and seeking the least restrictive conditions of pre-trial confinement.


In other words, for his lawyers NOT to object to suicide watch would undercut their larger Eight Amendment "excessive bail" argument that he shouldn't be in jail pending trial in the first place.


WTF kind of position is it to effectively say, "We want him sent home to be by himself and have access to everything in his house, but we are totally cool with protective custody because he can't be trusted in the meantime."?

"Was there a Motion filed"

No, because before you file a motion in a circumstance like this, you have to exhaust administrative remedies - i.e. dealing directly with the prison administration. You don't file a motion with the court until you've taken the issue up with the jail directly.

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