An­kle mon­i­tors in­ad­e­quate

Pros­e­cu­tors want to keep ter­ror­ism sus­pect Muh­torov in jail un­til trial

The Denver Post - - NEWS - By Kirk Mitchell

Fed­eral pros­e­cu­tors ar­gued Mon­day that an­kle mon­i­tors can’t keep the pub­lic safe and asked the 10th Cir­cuit Court of Ap­peals in Den­ver to keep a man ac­cused of help­ing ter­ror­ists be­hind bars.

The U.S. At­tor­ney’s Of­fice filed a sup­ple­men­tal brief Mon­day to the 10th Cir­cuit Court of Ap­peals in Den­ver point­ing to five cases in which Colorado of­fend­ers eas­ily cut their an­kle mon­i­tors, fled and com­mit­ted ad­di­tional crimes. One of them is the 2013 case of parolee Evan Ebel, who cut his an­kle mon­i­tor, be­fore killing Nathan Leon and Colorado prisons chief Tom Cle­ments.

“Home con­fine­ment and GPS­mon­i­tor­ing will not stop a de­fen­dant from flee­ing the ju­ris­dic­tion or harm­ing oth­ers if that is his in­tent,” ac­cord­ing to the brief writ­ten by As­sis­tant U.S. At­tor­ney J. Bishop Grewell. “That is why a pre­sump­tion of de­ten­tion ex­ists for those charged with crimes of ter­ror­ism.”

Act­ing U.S. At­tor­ney Robert Troyer’s of­fice filed the ini­tial brief in hopes of halt­ing the re­lease of Uzbek­istan refuge Jamshid Muh­torov. His de­fense at­tor­neys have un­til Fri­day to re­ply to the gov­ern­ment’s re­quest to block Muh­torov’s pre­trial re­lease.

U.S. District Se­nior Judge John Kane ap­proved Muh­torov’s re­lease on a $20,000 bond with nu­mer­ous con­di­tions in­clud­ing home de­ten­tion and GPS mon­i­tor­ing with an an­kle bracelet.

Muh­torov filed a mo­tion in June ask­ing the court to dis­miss the case against him be­cause his Con­sti­tu­tional right to a speedy trial has been vi­o­lated be­cause he’s been held for 5½ years with­out trial. Ear­lier this year, his trial was resched­uled for March 2018.

Muh­torov was ar­rested by FBI agents in Jan­uary 2012 at O’Hare In­ter­na­tional Air­port in Chicago as he pre­pared to board a flight to Tur­key. He faces charges al­leg­ing he pro­vided ma­te­rial sup­port to the Is­lamic Ji­had Union.

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