Lawyer seeks clients’ pre-trial release, cites virus

Both men are awaiting trial on federal drug charges

TEXARKANA, Texas — A Texarkana defense lawyer has filed motions seeking release of two clients awaiting trial on federal drug charges in light of the COVID-19 pandemic.

Jeff Harrelson filed a motion Wednesday seeking the release of Jacory DeWayne Coulter, 34, in the Texarkana Division of the Eastern District of Texas. Coulter is awaiting trial on charges including conspiracy to distribute methamphetamine in the Red River County area.

Harrelson’s motion argues that

Coulter has medical conditions which may make him more vulnerable to serious illness or death if infected with COVID-19 in the Titus County jail where he has been held since August.

“Continued detention during this deadly pandemic would not only harm public safety, but also violate the Due Process Clause of the Fifth Amendment as well as the Eighth Amendment prohibition on cruel and unusual punishment,” the motion argues.

Harrelson’s motion notes that as new inmates are brought into the jail, the risk of an asymptomatic person bringing the virus into the close quarters of the incarcerated population increases.

Harrelson also filed a motion for release Wednesday on behalf of Justin Rashad Young, 30, who is charged with conspiring to traffic meth and marijuana in the Texarkana area.

Like the motion he filed on

behalf of Coulter, the motion Harrelson filed on Young’s behalf complains that being incarcerated prior to trial during a pandemic is less than ideal and unnecessary. Federal law often presumes a defendant accused of drug trafficking should be held in jail, but the accused may overcome that if they show they will not flee, will appear in court and can abide by court-imposed conditions, such as wearing a GPS leg monitor and remaining on house arrest.

Trials for both men are scheduled for May on different dates. i The settings are likely to be delayed, however, because of the pandemic and the need for social distancing. Bringing panels of potential jurors together at this time has been largely avoided since March in hopes of stifling the spread of the novel coronavirus.

The government has not yet filed responses to the motions in either case and hearings to address the requests have not been scheduled. Both cases are pending before U.S. District Judge Robert Schroeder III and U.S. Magistrate Judge Caroline Craven.