Mind you, they had to “import” Federal District Judge Donald Walter and Magistrate Judge Karen Hayes from another federal court district to “keep justice alive” in the Eastern District of Louisiana. Nonetheless, all of Louisiana can take pride in the outcome of USA v O’Dwyer.
This Court has read all of the e-mails which the Govenment intends to submit as evidence of other acts pursuant to Federal Rule of Evidence 404(b). [Doc. #60]and the Defendant has attached to his Motions to Dismiss. These e-mails place the allegedly offending e-mail in context. At no point did the Defendant threaten anyone. His e-mails, while filled with coarse language, did not threaten bodily harm. Phrases taken out of context could suggest a threat, but reading the sentences as a whole, no threat as a matter of law was made.(emphasis added)
Walter and Hayes served with honor and “justice for all” – giving us hope for a just outcome as we follow Judge Feldman’s assault on justice and the blizzard State Farm has launched in the Rigsbys’ qui tam case.
The new Order in USA v O’Dwyer is a clarification of the Order reported in the SLABBED post “It’s Official”.
On March 4, 2010, the court released defendant on bond, subject to several special conditions… One such condition requires defendant to undergo medical or psychiatric treatment as recommended by Dr. Mallik. Id. Standby counsel for defendant has now advised the court that Dr. Mallik recommends that defendant be followed by Dr. Andrew Morson, a faculty member at the Tulane Medical School with a speciality in forensic psychiatry. Accordingly, defendant’s special conditions of release are hereby clarified to reflect that, until further notice, Mr. O’Dwyer is to undergo regular medical or psychiatric treatment or counseling as prescribed by Dr. Andrew Morson, at the government’s expense.
A telephone scheduling conference is hereby set in this matter for March 17, 2010, at 2:00 p.m. The government shall initiate the conference call to include the court, counsel, and Mr. O’Dwyer, should he wish to participate. After consultation with Mr. O’Dwyer, standby counsel shall timely notify counsel for the government should Mr. O’Dwyer wish to participate in the conference, so he may be included in the conference call.
Magistrate Judge Karen Hayes is certainly hitting all the right buttons by making provisions for Ashton’s participation. Continue reading “An Order-ly update on USA v O’Dwyer”
I’ve had the good luck to have the best partner-in-blog ever – and the bad luck to know all too well how Ashton’s rants can be disturbing, at best. Consequently, this is my first post on USA v O’Dwyer despite my long-time support of alternatives to incarceration, particularly for those with an apparent need for health and/or mental health services.
Magistrate Judge Karen Hayes, however, merits recognition and I wanted to tip my hat to her sensible, yet sensitive, handling of the situation. The Minute Entry documenting her decision noted, “Counsel for the Government object to the setting of a bond”. It also noted the Magistrate granted the Government’s “motion for pretrial psychiatric and psychological examination for competency to stand trial” and set other conditions for O’Dwyer’s release to home confinement on an unsecured $100,000 appearance bond:
The special conditions of bond are: 1) Pretrial Services supervision ; 2) avoid all contact, directly or indirectly, with any persons who are or who may become a victim or potential Continue reading “It’s official – O’Dwyer out on bond, Magistrate’s Order sets conditions”