Opinion
CRIMINAL 21-122
09-24-2024
ORDER
Cathy Bissoon, United States District Judge
For reasons stated on the record at the Hearing on September 9, 2024, it is hereby ORDERED that Defendant's bond is REVOKED, and he shall be detained pending sentencing. In sum, Defendant has been convicted of crimes for which incarceration pending sentencing is presumptive, and Defendant's bond violations were uncontested. The undersigned found Defendant's rebuttals unconvincing, and incarceration is warranted. The only outstanding issue has been a pretrial detention facility's ability to reasonably accommodate Defendant's medical needs.
As reflected in Defendant's recent Motion (Doc. 86), personnel at the Butler County Prison (“BCP”) have confirmed its ability. The medical director has indicated that BCP will be able to refill Defendant's prescription medication(s); and the warden has advised that BCP will accept Defendant's NeuroPace tablet, and Defendant will be able to perform the necessary functions. Accordingly, Defendant's Motion for placement at BCP is GRANTED, and Defendant shall be detained there pending sentencing.
Defendant's second Motion (Doc. 85) requests that the U.S. Marshals Service (“the Marshal”) deliver Defendant's NeuroPace tablet and scanning device (“the Device”) to BCP. The request is GRANTED, and the Device shall be delivered, along with Defendant, to the facility. The Motion also requests that BCP's administration be directed to accept delivery of the Device, and allow Defendant daily access. These requests also are GRANTED, although Defendant's usage is subject to BCP's applicable rules, regulations and/or guidelines.
In light of the foregoing, the Hearing scheduled for September 25, 2024 at 10:00 a.m. is CANCELLED. Instead, at that date and time, Defendant shall report to the Marshal's Office (second floor, Courthouse, Room Number 241) for immediate surrender. Defendant's counsel shall accompany him, to facilitate/confirm transfer of the Device.
IT IS SO ORDERED.