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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
UNITED STATES OF AMERICA
v. CRIMINAL NO. 3:03-CR-120 HTW JCS
PAUL MINOR, ET AL.
MEMORANDUM OF THE UNITED STATES IN SUPPORT OF
PETITION TO REVOKE BOND OF DEFENDANT PAUL MINOR
The United States submits this Memorandum in support of the Petition to revoke the
bond of defendant Paul Minor based on Minors violations of the conditions of his bond.
I. MINORS PRIOR VIOLATIONS AND THE COURTS RULING
The Court previously conducted a hearing on Minors violations of his pre-trial release on
bond relating to his arrest for Driving Under the Influence in Baton Rouge, Louisiana.
A. MINOR FAILED TO REPORT HIS DUI ARREST RELATING TO AN
ACCIDENT WITH INJURIES
Minor failed to report his arrest for DUI relating to a motor vehicle accident with injuries
to the United States Probation Office as is required under the conditions of his bond. Minor
never presented any explanation for this failure and the Court found that he had violated this
condition. In addition, the government presented evidence of other DUI arrests to show that
Minor has a history of excessive alcohol use and that he presents a danger to the community.
B. EVIDENCE OF MINORS PRIOR INTOXICATION AT THE MARRIOT
HOTEL IN JACKSON, MISSISSIPPI
The government and the United States Probation Office also provided evidence at the
prior hearing concerning alcohol abuse by Paul Minor at the Marriot Hotel in Jackson,
Mississippi on previous occasions. The unrebutted evidence showed that Minor had been
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intoxicated numerous times in the bar at the Marriot Hotel, that he had to be assisted to his room
and that he had on several occasions passed out from alcohol consumption. In addition, the
bartender at the Marriot told the U.S. Probation Officer that Minor clearly has an alcohol
problem.
C. THE COURTS RULINGS
The Court previously found that Minor had violated the conditions of his bond but did not
revoke him at that time.
So, first of all, this court has to determine then whether to revoke bond in its
entirety and imprison Mr. Minor. In Mr. Minor's favor is the fact that for
three years he has been on bond. This court has not seen any violations ofany kind during this [two]-year period pending trial. That's in Mr. Minor's
favor. Also in Mr. Minor's favor, that during the long 13-week trial, this
court saw no violations from Mr. Minor. We started early and went late.
And he had to work with the defense team all over the weekends. And this
court observed no violations whatsoever on Mr. Minor's behalf. So all of
that is in his favor. And because those are in his favor, then the court is not
going to revoke bond and put Mr. Minor in jail, because those show that at
least Mr. Minor has been cognizant of the provisions required of him under
the bond. But then that doesn't satisfy the second element as to whether the
court is going to submit an order conditions to protect the public. And here
is how I get to this. What the court has in front of it is the offense reportwhich says at the time of the accident that Mr. Minor was poorly balanced,
slurred speech, highly intoxicated. The court also has before it some prior
brushes with the law or with reports from the law that indicate that he had
had some traffic mishaps, possibly under the influence of alcohol. Then the
court has before it this statement or this interview with a bartender
providing his observations. All this says is that there is a possibility that Mr.
Minor has a problem. This court has not reached that conclusion. But if
that is so, then this court owes a duty to the public to protect the public in
case Mr. Minor has such a problem and then is prone to enter a vehicle. So
this court is going to order some conditions which are aimed at making sure
that there are no problems.
Transcript of Courts Ruling, pp. 70-71.
The Court ordered new conditions placed on Minor in order to protect the public: (1)
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Minor was ordered not to drive; (2) Minor was to undergo evaluation for alcohol and/or
substance abuse by someone approved by the Court. Defense counsel were specifically
instructed to submit names to the Court of proposed evaluators; Minor would undergo an
appropriate course of treatment if necessary; (3) Minor was confined to his home pending the
evaluation; and (4) Minor was to avoid excessive consumption of alcohol.
The Court emphasized that Minor was prohibited from excessive alcohol consumption:
Now, the bond says that the person on bond will not drink to excess.
It's already there as far as I'm concerned. And in case that needs to be
clarified, which I don't think it does, it means that one does not imbibe any
alcohol so as to become intoxicated, slash, inebriated. And that is the
definition of excessive consumption of alcohol. So I did not go over thatbecause the condition of bond already forbids that. This is one of the factors
that again brings us here, the consumption of alcohol, which the government
contends was excessive on the occasion of the accident. So there will not be
any such, but, remember, I have also allowed probation the authority to take
urine screens on the presence of alcohol, and those tests will also indicate the
quantity of alcohol consumed, if any, which means then, Mr. Minor, it's
better not to consume any.
Transcript, p. 75
Now, let me speak to this matter of abstinence. I didn't specificallysay that in my order there has to be complete abstinence. The bond
condition says excessive use, which I equate with intoxication. Now, if -- Mr.
Minor, I don't know the answer, but if there is a problem, then someone then
whetted to alcohol will at some point want to take a swallow of it. I will find
that out when I get my medical report. But I wouldn't want to say that if you
imbibe at all in alcohol without becoming intoxicated that then should result
in a revocation. You understand what the bond condition says. The bond
condition says drink to excess. It merely means getting intoxicated. Now, I
also recognize that someone who has a problem with alcohol cannot take any
alcohol. So if you have a problem with alcohol, then you shouldn't take any,
because even to have a drop of alcohol on your lips, if you have a problem,
will be to excess, because the effect that a drop of alcohol would have on one
who has an alcoholic problem is different than that drop would have on one
who has no problem. So you have to be the judge of that. But if probation
comes by and then wants a random test and that test shows an excessive
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See Acosta v. Master Maintenance, 192 F. Supp. 2d 577, (M.D. La. 2001) (Robert1
Davis hired by plaintiffs attorneys in mass tort case to perform psychological tests on over 200
plaintiffs in order to develop the fear and fright damages and to help the attorneys pick out their
bellwether plaintiffs.)
4
amount in your bloodstream or if it appears that you are under the influence
even though your bloodstream does not show an excessive amount but
probation can determine that you are under the influence unwarrantedly
which shows that you have a condition, then that will be a matter that will
bring us back here.
Transcript, p. 76 - 77.
Minors counsel did not submit new names for evaluation of Minor and instead submitted
the name of Dr. Robert Davis, who had performed the evaluation that the Court originally
rejected. The government had also objected to Dr. Davis, stating that he was not qualified
because his areas of expertise did not include evaluation and treatment for substance abuse. Dr.
Davis background is in the area of Mass Tort litigation claim evaluation and forensic evaluation
of law enforcement officers. However, Minor went forward with treatment by Dr. Davis1
without the Courts approval and then argued that the Court should not require him to undergo
evaluation and treatment by someone else. The government did not object further and the Court
permitted Dr. Davis to continue his treatment of Mr. Minor. An order was entered on
November 30, 2005, approving Dr. Davis and requiring bi-weekly reports to the Court as to
Minors status. The Court conducted in camera review of Minors course of treatment with
defense counsel present. The government waived participation in these conferences and any
request for these reports. The government has not been provided with those reports and has no
way of knowing even if they have been filed or what they contain.
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II. THE PRESENT VIOLATIONS
A. MINORS INTOXICATION AT THE MARRIOT ON MARCH 6, 2006
The present matter is before the Court based on the petition filed by the U.S. Probation
Office. Two DEA Task Force Agents witnessed Paul Minor highly intoxicated on March 6,
2006, again in the bar of the Marriot Hotel in Jackson in direct violation of the bond and the
Courts admonishing in November. A copy of each of their statements is attached for the Courts
consideration. Both Agents state that Minor appeared to be very intoxicated or extremely
intoxicated. Both agents also state that he had trouble standing up and was swaying. Minor had
to be removed after making highly offensive comments to a female patron of the bar, and he was
escorted from the bar by the hotel security personnel. Receipts obtained by the government by
subpoena show that Minor had at least one glass of wine and four vodka drinks that night at the
Marriot.
All of this occurred a mere two blocks from the U.S. Courthouse and in the same bar that
was the subject of the November hearing.
B. MINORS CONVICTION IN BATON ROUGE AND HIS VIOLATION OF
THE PROBATION ORDER REQUIRING ABSTINENCE FROM
ALCOHOL.
In addition, Minor entered a negotiated plea on the charges against him in Baton Rouge in
January, 2006. He pled guilty to Reckless Driving , and entered a no contest plea to Failure to
Maintain Control. Apparently his plea bargain included a conditional dismissal of the DUI
charges against him, but Minor was sentenced on the Reckless Driving charge consistent with a
DUI conviction. The sentence provided for (1) substance abuse evaluation; (2) 16 hours of
community service; (3) DWI school; (4) a $300 fine; (5) Court costs; (6) 90 days of unsupervised
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probation; and (7) refrain from all criminal activity, alcohol and drug use.
Minors sentence therefore required him to abstain from alcohol use. However, less than
40 days after that sentence, Minor was intoxicated in the Marriot Bar in Jackson in direct
violation of the Baton Rouge sentence.
III. REVOCATION AND DETENTION ARE APPROPRIATE.
Minor has clearly violated a condition of his release and is therefore subject to a
revocation of release, an order of detention, and a prosecution for contempt of court. 18 U.S.C.
3148 (a). In U.S. v. Campbell, 713 F.Supp. 220 (N.D.Tex.,1989) the court affirmed revocation
of a defendants bond and pre-trial detention based on her consumption of alcohol while out on
bond pending trial on federal charges. The court noted that the defendants history of alcohol use
made her a danger to the community and found that no set of conditions would reasonably assure
her compliance.
In this case, Minor has clearly violated the condition of his release requiring him to
refrain from excessive use of alcohol. In addition, Minors behavior shows that he cannot and
will not abide by the terms of his release - even after strong admonition by this Court in
November and constant monitoring of his treatment by the Court. Furthermore, even drinking at
all is a violation of the terms of his probation in Baton Rouge resulting from his conviction
relating to the accident. It should be clear to the Court at this stage that no set of conditions can
be imposed on Minor that will reasonably assure the safety of the community. He has already
injured someone else as a result of drunk driving and has recently been ejected from the Marriot
bar for being highly intoxicated and disorderly. The most appropriate course of action for this
Court is to revoke Minors bond and order him detained pending trial.
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IV. CONCLUSION
Paul Minor should be treated no differently than any other criminal defendant before this
Court. For the second time in five months, he is before the Court for violating the terms of his
bond. Incredibly, he was highly intoxicated in the very same bar and within sight of the federal
courthouse while allegedly undergoing Court-supervised treatment for possible alcohol abuse. It
should be clear that there is no set of conditions that the Court can impose that would reasonably
assure the safety of the public.
It should also be clear that the current plan of treatment is not working and Minor is
flagrantly violating specific conditions of his bond which were re-emphasized after his last
alcohol-related incident. The very credibility of this Court is at stake, and the safety of the public
remains at risk so long as Paul Minor remains out on bond.
ANDREW LOURIE
Public Integrity Section
By: /s/ Dave Fulcher
DAVID H. FULCHERAssistant United States Attorney
188 E. Capitol Street, Suite 500
Jackson, MS 39201
Peter Ainsworth Ruth R. Morgan
Deputy Chief for Litigation Assistant U.S. Attorney
Public Integrity Section 1575 20th Avenue
Criminal Division Gulfport, MS 39501
U.S. Department of Justice
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true copy of the above and foregoing has been
sent via electronic case filing system to:
Joe M. HollomonP.O. Box 22683
Jackson, MS 39225-2683
James F. Neal, Esq.
Neal and Harwell, PLC
150 Fourth Ave, North
Suite 2000
Nashville, Tn 37219
Michael W. Crosby, Esq.
2111 25 AvenuethGulfport, Ms 39501
George Lucas, Esq.
Federal Public Defender Office
200 South Lamar St, Suite 100-S
Jackson, MS
Abbe David LowellChadbourne & Parke, LLP
1200 New Hampshire Avenue, N.W.
Washington, DC 20036
Brad Pigott
Pigott, Reeves Johnson & Minor, P.A.
P.O. Box 22725
Jackson, MS 39202
Dennis Sweet
Sweet & Freese200 South Lamar Street, Suite 200
Jackson, MS 39201
This the 3rd day of April, 2006.
/s/ Dave Fulcher
David H. FulcherAssistant U.S. Attorney
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