Case 3:09-cr-00247-P Document 405

Filed 01/20/12

Page 1 of 3 PageID 2055

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION _______________________________________

UNITED STATES OF AMERICA v.

CASE NO.: 3:09-CR-00247-P (1)

EUGENE J. LOCKHART, JR

DEFENDANTS MOTION TO BE RELEASED ON BOND COMES NOW, the defendant, Eugene Lockhart, by and through his undersigned attorney, pursuant to 18 U.S.C. 3141 (b) and 3143 (a) and moves this Court for release on bond, with a home confinement condition, pending the sentencing for the following reasons: I. Factual Background On September 3, 2009, the defendant, Eugene Lockhart, was placed on personal recognizance bond with certain conditions of release. On July 9, 2010, a bond revocation hearing was held and a determination that Mr. Lockhart had violated the conditions of release that was made by Magistrate Judge Toliver. After considering the evidence the Court released Mr. Lockhart on substantially the same conditions. A second hearing on an additional government motion to revoke the bond was had on March 22, 2011. As a result, Mr. Lockhart was placed in custody and continuously remained at the Seagoville Detention Center until December 30, 2011. On that Friday, his lawyer attempted to visit him for the purpose of trial preparation. Counsel was turned away by BOP officials who would only state that Mr. Lockhart was not there. After reasonable and persistent questioning by counsel, no explanation or further information was provided by the officials.

Case 3:09-cr-00247-P Document 405

Filed 01/20/12

Page 2 of 3 PageID 2056

About a week after removal from the Detention Center, Mr. Lockhart was allowed to inform his wife that he was hospitalized. On January 9th, 2012, after inquiry by the U.S. Attorneys Office, the BOP confirmed that Mr. Lockhart had been hospitalized since December 30, 2011. A medical emergency occurred on that date and Mr. Lockhart was taken by ambulance to a hospital in the Seagoville area. Apparently the treatment resulted in Mr. Lockhart acquiring a septic infection. After three days he was transferred to a larger facility that could provide more specialized treatment. This debilitated and serious condition has required a regime of at least 14 days of continuous intravenous injections of antibiotics and surgery on his left arm. II. Current Medical Condition At the present time, Mr. Lockhart is at a private hospital in North Texas under the care of treating physicians and in the custody of the BOP. Because of general regulations, two armed guards must be with Mr. Lockhart at all times. Within a few days, it may be deemed necessary to return Mr. Lockhart to the Detention Center. Further information regarding Mr. Lockharts condition has not been made available to his counsel at this time. III. Conclusion The seriousness of Mr. Lockharts medical condition will very likely require appropriate and immediate medical attention in the future. This will best be facilitated on a home confinement basis. Home confinement will eliminate extraordinary BOP personnel demands and expenses. It is believed that his immune system will be inadequate for the foreseeable future. Mr. Lockhart is much more prone to acquire staph infections and other diseases than ordinary inmates. Due to medical safety reasons and because of the issues stated above, Mr. Lockhart is making this request for home confinement.

Case 3:09-cr-00247-P Document 405

Filed 01/20/12

Page 3 of 3 PageID 2057

WHEREFORE, based on the above circumstances, the defendant requests that the court find that there are clear and convincing reasons for which the defendant should be granted release from custody and placed on home confinement pending the final resolution of this matter.

Respectfully Submitted, /s/ Jay Ethington Jay Ethington Attorney for Defendant Eugene J. Lockhart, Jr. Texas State Bar Number: 06692500 3131 McKinney Avenue, Suite 800 Dallas, Texas 75204 Telephone: (214) 740-9955 Fax: (214) 740-9912

CERTIFICATE OF CONFERENCE On January 19, 2011 Counsel for Defendant Eugene J. Lockhart, Jr. conferred with Assistant United States Attorney David Jarvis, and he opposes this motion. /s/ Jay Ethington Jay Ethington CERTIFICATE OF SERVICE I certify that a true and exact copy of this Motion was served electronically via the CM/ECF system to David Jarvis, Assistant United States Attorney, and the Court on the 20th day of January, 2012.

/s/ Jay Ethington Jay Ethington