UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

UNITED STATES OF AMERICA )

) No. 17-mj-2038
v. ) MAGISTRATE JUDGE HOLMES
)
TAD CUMMINS )

PROPOSED CONDITIONS OF PRETRIAL RELEASE

Comes now, Tad Cummins, and requests this Honorable Court to release him to Pretrial

Supervision. In support of this request, Mr. Cummins submits the following:

I. INTRODUCTION

Mr. Cummins, who maintains his innocence, begins his analysis with the basic premise

that the default position of the lawis that the defendant should be released pending trial.

United States v. Stone, 608 f.3d 939 (6th Cir. 2010). This is rooted in the sacred concept that he is

presumed innocent until proven guilty. However, pretrial detention effectively reverses that

concept and colors him guilty until he can prove his innocence. As the Court knows, a large

portion of persons detained in the Middle District of Tennessee are housed out of state. Many of

these detainees are held in facilities located over two hours from Nashville, Tennessee.

Furthermore, these facilities have less than desirable law libraries. Both of which diminish a

detainees ability to mount an effective defense. Similarly, the distance impairs a detainees right

to effective counsel as guaranteed under the Sixth Amendment to the United States Constitution.

II. BOND FACTORS

The Court is directed to consider bond factors under 18 U.S.C. 3142(g). The vast majority

of these factors weigh in favor of release for Mr. Cummins. 18 U.S.C. 3142(g) provides:

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 (g)Factors To Be Considered.The judicial officer shall, in
determining whether there are conditions of release that will
reasonably assure the appearance of the person as required and
the safety of any other person and the community, take into
account the available information concerning

(1) the nature and circumstances of the offense charged,

including whether the offense is a crime of violence, a
violation of section 1591, a Federal crime of terrorism, or
involves a minor victim or a controlled substance,
firearm, explosive, or destructive device;

Mr. Cummins concedes that this case allegedly involves a minor victim. However, he

adamantly rejects the notion that the events before the court are a crime of violence. Here,

absolutely no violence was present. Mr. Cummins never employed violence, force, or threats. At

no time was the alleged victim held at gun point, hit, or forcibly held. In fact, it appears that she

desired to leave a broken home, and a school where she was a bullied outsider.

(2) the weight of the evidence against the person;

Mr. Cummins submits that the evidence in this case, which is largely speculation and

hearsay, will present more questions than answers. As such, the weight of evidence is weak.

(3) the history and characteristics of the person, including

the persons character,

Prior to the media escalation around this event, Mr. Cummins had developed a

reputation for strong Christian character. He had served the church as a missionary to Panama

and even taught Sunday School. Mr. Cummons was also instrumental with the church jail

ministry. He was regarded as an unselfish person who would often help those in need. For

example, Mr. Cummins spent two weeks in New Orleans helping with Hurricane Katrina

disaster relief. He had a strong reputation as a dependable person of high character.

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 physical and mental condition,

Mr. Cummins is in good physical condition. However, he has been experiencing some

elements of depression, and upon release plans to seek a mental evaluation. Family has recently

described him as other than his usual self, and they have expressed concern that he may be

suffering from mental stress, which needs evaluation and treatment.

family ties,

Mr. Cummins has strong family ties. His parents and sister all reside in Middle

Tennessee. Similarly, his daughters, who extend their support, reside in Middle Tennessee.

Mr. Cummins has five grandchildren and several aunts and uncles.

employment,

Mr. Cummins has a strong employment history. He has always worked. Initially, Mr.

Cummins established a career as a respiratory therapist. As a respiratory therapist, he would

diagnose respiratory diseases and prepare them for treatment. For example, he would place

the endo-trachial tube into their bodies to put patients on life support. Mr. Cummins rose

through the ranks and eventually became the Assistant Director at Maury Regional Hospital.

He also worked in Home Care as a general manager in upper case medical necessities LLC.

After 25 years of employment as a respiratory therapist, Mr. Cummins embarked on a new

challenge in the school system. He was highly regarded as a teacher. He taught Health

Science, Diagnostic Medicines, and Rehabilitative Careers.

financial resources,

Mr. Cummins is indigent. His lack of financial resources means that he is without the

economic power to flee the long heavy arm of law enforcement. While the government has

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argued that he evaded law enforcement on his sight-seeing tour of America, the complete lack

of funds make fleeing almost impossible. At the beginning of his trip, Mr. Cummins had around

$4,500 with which to travel. Now, his financial circumstances are dire. He has no money or

credit cards for which to buy gas, food, clothing, or shelter.

length of residence in the community and community ties,

Mr. Cummins has always lived in Middle Tennessee. In fact, he has lived in the same

house since the late 80s. Mr. Cummins has never lived abroad or even in another state. All of

his connections are in Middle Tennessee. He has no significant ties to any other state or

country. He was born, raised, and lived most of his life in Middle Tennessee.

past conduct,

Until recent allegations, Mr. Cummins has never been on the wrong side of the law. He

has never been charged with any crime, much less crimes of violence or drug trafficking. He has

lived his entire life as a law abiding citizen. His past track record as a positive community

member is impeccable.

history relating to drug or alcohol abuse,

Mr. Cummins has absolutely no history of drug or alcohol abuse.

criminal history, and record concerning appearance at court proceedings,

Mr. Cummins has lived a long life as a law abiding citizen. Absent these recent

allegations, for which he maintains his innocence, he has never even been accused of breaking

the law. He has never been charged, much less convicted, of any crime. Mr. Cummins has zero

criminal history.

and

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 (B) whether, at the time of the current offense or arrest, the person was on
probation, on parole, or on other release pending trial, sentencing, appeal, or completion of
sentence for an offense under Federal, State, or local law; and

Again, Mr. Cummins has no criminal history. At no time, including the moment of these

present allegations, has he been on probation, parole, or any correctional control.

(4) the nature and seriousness of the danger to any person or the community that would
be posed by the persons release.

Upon release, Mr. Cummins will pose no danger to the community in general, or any

person in particular. While these allegations are serious, they are completely outside the scope

of his character and past actions. The government has often argued that a mans prior history is

a strong indication of his future. Here, Mr. Cummins has absolutely no history of violence,

danger, or wrong doing whatsoever. Using his past as a prediction of his future, Mr. Cummins

poses no threat to the community.

III. COMBINATION OF CONDITIONS FOR RELEASE

Mr. Cummins has a strong employment history, historically positive ties to the

community, a family presence in this community, and zero history of missing court. As such, Mr.

Cummins requests release and further opines that there are several conditions of bond that can

reasonably assure that he is not a serious flight risk nor danger to the community.

Conditions:

Mr. Cummins:

1. Must reside with his parents (address will be submitted to the Court and U.S.
Probation Office) and be subject to electronic monitoring.

2. May not change his address without permission of the court;

3. Must be in court every time he is instructed to appear;

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 4. Cannot intimidate, harass, or even contact, any witnesses or potential witnesses;

5. Must not violate any local, state, or federal law;

6. Shall report to Pretrial Services as directed;

7. Must have all changes in residence and employment pre-approved by the pretrial
services officer;

8. Shall be subject to a curfew as directed by the pretrial services officer. During

non-curfew hours, his activities away from his residence shall be restricted to pre-
approved absences for gainful employment, attorney visits, religious services,
counseling, medical care, and such other times as may be specifically authorized
by the pretrial services officer. Electronic monitoring, as directed by pretrial
services, shall be used to monitor compliance. This condition is in compliance with
18 U.S.C. '3142 (c)(1);

9. Shall not travel outside of the Middle District of Tennessee without prior approval
from the pretrial services officer;

10. Shall not apply for a passport while on pretrial release and must surrender his
passport if he has one within 48 hours of his release to pretrial services, who will
maintain custody of the passport until the final disposition of this case;

11. Shall refrain from the use or unlawful possession of any controlled substances and
shall not consume any alcoholic beverages to avoid lowering inhibitions and deter
offending. He shall submit to any method of testing required by the pretrial
services officer for determining compliance with this condition;

12. Shall not possess any firearm, dangerous weapons, or other destructive devices;

13. Shall notify the pretrial services officer within 48 hours of any law enforcement
contact;

14. Shall permit the pretrial services officer to visit him anytime at his home or
elsewhere without advance notification, with the understanding that public
visitations will be conducted discreetly. He shall also permit confiscation of any
contraband observed in plain view of the pretrial services officer.

15. Shall refrain from the unlawful use or unlawful possession of any narcotic drug or
other controlled substances as defined by 21 U.S.C. ' 802, unless prescribed by a
licensed medical practitioner;

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 16. Shall submit to any method of testing required by the pretrial services officer for
determining compliance with the above condition. Such methods may be used
with random frequency and include urine testing, the wearing of a sweat patch,
and any other method of screening for prohibited substances;

17. Shall participate in a program of inpatient or outpatient substance abuse therapy

and counseling if deemed advisable by the pretrial services officer. He shall pay
for all or part of the cost for mental health treatment if the United States Probation
and Pretrial Services Office determines the defendant has the financial ability to
do so or has appropriate insurance coverage to pay for said treatment;

18. Shall comply with all other conditions set by the Court.

IV. CONCLUSION

Based on the above conditions, combined with the testimony presented in open court, Mr.

Cummins requests that this Honorable Court release him to pretrial services and impose the

above conditions which satisfy the purposes of 18 U.S.C. ' 3142.

Respectfully submitted,

s/ Dumaka Shabazz
DUMAKA SHABAZZ (BPR#022278)
Assistant Federal Public Defender
810 Broadway, Suite 200
Nashville, TN 37203
615-736-5047
E-mail: dumaka_shabazz@fd.org

CERTIFICATE OF SERVICE

I hereby certify that on the 12th day of May, 2017, I electronically filed the foregoing
Motion for Proposed Conditions of Pretrial Release with the U.S. District Court Clerk by using
the CM/ECF system, which will send a Notice of Electronic Filing to the following: Mr. Philip H.
Wehby and Sara E. Myers, Assistant United States Attorneys, 110 Ninth Avenue South, Suite A-
961, Nashville, Tennessee 37203-3870.

s/ Dumaka Shabazz
DUMAKA SHABAZZ

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