DOJ-OGR-00019846.pdf

Case 21-58, Document 39-1, 04/01/2021, 3068530, Page18 of 31 In United States v. Clark, 448 F. Supp. 3d 1152, 1155 (D. Kan. 2020), the court emphasized that "[m]ost courts addressing a motion for temporary release under §3142(i) have done so in the context of evaluating the necessity of the defendant assisting with preparing his or her defense ... This extends to the current COVID-19 pandemic [because of] the pandemic's impact on counsel's difficulties communicating with the defendant." See, e.g., Stephens, 447 F. Supp. 3d at 65-67 (finding "the obstacles the current public health crisis poses to the preparation of the Defendant's defense constitute a compelling reason under 18 U.S.C. § 3142(i)"); United States v. Robertson, 17-Cr-2949, Doc. 306 (D.N.M. February 6, 2021).7 The defendant in Robertson was charged with "frightening allegations" involving a shooting. He had previously violated bond. And he had a criminal record involving guns and drugs. But the court ordered him released because of his inability to prepare for trial while in custody during the pandemic: Mr. Robertson's release is necessary for the preparation of his trial defense under 18 U.S.C. § 3142(i). That section allows a judicial 7 The 10th Circuit has stayed the Robertson order while it considers the government's appeal. 16 DOJ-OGR-00019846