Opinion
Case No. 2:10-CR-0061-LKK (GGH)
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. FREDERICK SCOTT SALYER, Defendant.
KEKER & VAN NEST LLP JOHN W. KEKER - #49092 ELLIOT R. PETERS - #158708 BRIAN L. FERRALL - #160847 SEGAL & KIRBY LLP MALCOLM S. SEGAL - #075481 Attorneys for Defendant FREDERICK SCOTT SALYER
KEKER & VAN NEST LLP
JOHN W. KEKER - #49092
ELLIOT R. PETERS - #158708
BRIAN L. FERRALL - #160847
SEGAL & KIRBY LLP
MALCOLM S. SEGAL - #075481
Attorneys for Defendant
FREDERICK SCOTT SALYER
ORDER AND DEFENDANT'S
UNOPPOSED APPLICATION TO
TEMPORARILY MODIFY CONDITIONS
OF PRETRIAL RELEASE TO ATTEND
STATE COURT PROCEEDINGS
NO HEARING REQUESTED
The conditions specified in the amended release order issued on September 17, 2010 (Docket No. 217, ¶¶13 & 14) require the defendant to remain in his residence in Pebble Beach, California, under electronic monitoring twenty-four hours a day, seven days a week subject to specifically delineated exceptions.
The defendant respectfully requests that the Court issue an order temporarily modifying those conditions to permit him to attend two upcoming state court proceedings. The first proceeding is a one-day hearing on October 11, 2011 at 9:00 a.m. before Judge Susan Matcham of the Superior Court of California, County of Monterey. The hearing concerns Salyer's marital dissolution agreement with Terri Nelson Salyer, Defendant's second wife. The second proceeding is a five-day trial commencing on October 17, 2011 at 8:30 a.m. before Judge Thomas Wills of the Superior Court of California, County of Monterrey. This proceeding concerns claims asserted by Lynne Salyer, Defendant's first wife, regarding the Salyer residence in Pebble Beach, California. While the defendant is away from his residence, he will remain subject to electronic monitoring, will be present at the courthouse, will be accompanied by a custodian acceptable to the Pretrial Services Office, and will provide a phone number and be available to Pretrial Services at all time.
The defendant has requested travel permission from his Pretrial Services Officer in San Jose. The Pretrial Services Officer does not oppose the modification of the conditions of release for the above-stated purpose.
The government does not oppose this application.
ORDER
GOOD CAUSE APPEARING, the conditions of release requiring the defendant to remain in his residence in Pebble Beach, California, under electronic monitoring twenty-four hours a day, seven days a week, are hereby modified to permit the defendant to attend the two upcoming state court proceedings. The first proceeding is a one-day trial on October 11, 2011 at 9:00 a.m. before Judge Susan Matcham in the Superior Court of California, County of Monterey. The second proceeding is a five-day trial commencing on October 17, 2011 before Judge Thomas Wills in the Superior Court of California, County of Monterrey. While the defendant is away from his residence, he will remain subject to electronic monitoring, will be present at the Courthouse, will be accompanied by a custodian acceptable to the Pretrial Services Office, and will provide a phone number and be available to Pretrial Services at all time.
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT