The Sunday Update report is brought to you in part by the Universidad Autónoma de Santo Domingo student pictured below, at my house, in Santo Domingo. Earlier today she advised me that a new (11.29.2011) filing was available for review in United States of America vs Frederick W. Thomas. Her duties also include analysis and review of prospective content to be published at WOBIK.
Frederick W. Thomas and his attorney, Jeffrey L. Ertel, have filed a Preliminary Appeal Of Order Detaining Defendant. Said document is dated 11.29.2011 and is embedded for review towards the end of this report.
I was, at least initially, surprised to see that the well known rapper, “TI”, was mentioned on page 5 of the filing.
T.I. was born in the year 1980 and his real name is Clifford Joseph Harris, Jr. He too is from Georgia. On October 13, 2007 he was arrested in downtown Atlanta, corner of North and Piedmont Avenues, for possession of three unregistered machine guns and two unregistered silencers, and possession of firearms by a convicted felon. He was set-up by his bodyguard (who was a confidential informant, and cooperating witness, for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives) who, on that day, sold TI the machine guns and the silencers. Prior to the set-up the bodyguard himself had recently been arrested for attempting to purchase guns from a federal agent.
After two weeks of sitting in the Fulton County Jail (Atlanta) TI walked out of the United States District Court in Atlanta, on October 26, 2007, after Judge Alan J. Baverman granted him bail in the amount of $3 million dollars. $2 million was to be paid in cash with the other $1 million in the form of equity, i.e., property that T.I. owns.
Before picking up the above referenced federal charges T.I. already had a relatively lengthy criminal record which dates back to the 1990s. His criminal curriculum vitae includes, though is not limited to: selling/possessing crack cocaine, illegal possession of a firearm, marijuana possession, and…..physical assault of a female sheriff deputy. In addition, I believe in 2004, he was sentenced to 3 years in prison after violating probation which he was originally placed on for drug charges from 1997. However, if I remember correctly, I don’t think that he served much of that 3 year prison sentence before he was released (although I readily admit that I may be wrong about that part).
Frederick W. Thomas and his attorney, Jeffrey L. Ertel, point out on page 5 that even rapper “TI” was granted bail pending the resolution of his case. They also point to the following, in support of Thomas being granted bail:
a. Thomas has never harmed anyone in his 73 years of existence.
b. Thomas served honorably in the United States Navy for 30 (thirty) years. Fifteen years active and fifteen years in the reserves.
c. Thomas is a four (4) time grandfather and a one (1) time great-grandfather.
d. Thomas has worked his entire life and has taught himself the skills necessary to be a communications/data engineer.
e. After Thomas’ active duty in the US Navy he worked for Lockheed-Martin, Boeing, and Sperry-Rand.
f. Thomas retired four (4) years ago and with his savings he, and his wife, bought their dream home in Cleavland, Georgia. Thomas and his wife, Charlotte, have been married for more than 50 (fifty) years.
g. Thomas and his wife survive on the following:
1. A modest pension from Boeing.
2. A modest pension from Lockheed-Martin.
3. A modest pension from the US Navy.
4. Thomas and his wife both receive Social Security.
h. If Thomas remains in jail pending trial his Social Security
Benefits will cease and his wife will not be able to afford to make the mortgage
payments on their house.
i. Thomas has no prior criminal history whatsoever.
j. Thomas suffers from a plethora of physical medical problems. Half of one of his lungs has been removed by doctors. Approximately two months prior to his arrest he
was on a steady diet of oxygen and kept a tank close by at all times. Moreover, in one of the government’s own secret recordings, though recently now produced, Thomas can be heard indicating he has only recently been able to achieve 4 minutes of walking non-stop on a treadmill.
k. Thomas has not been criminally charged with terrorism. However, false allegations of terror and terrorism have led to a media firestorm labeling Thomas as domestic terrorist. In truth, Thomas is charged with nothing more than conspiracy to possess an unregistered explosive device (which he never possessed at any time) and possession of an unregistered silencer.
Conclusion: Frederick W. Thomas should not be denied the fundamental right to bail. The Eight Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This fundamental right allows the accused to be free before conviction. This allows the defendant to marshal a defense and also prevents unjust punishment of the wrongfully accused. It would seem that prohibiting excessive bail would mean that bail should be made available and affordable to everyone.
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