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: What the Judge Ate for Breakfast

Lawyer?s argument for bond: he?s in jail

By Ron Sylvester

Federal public defender Steve Gradert made one recent argument that was what you might call inspiring to his colleagues.

Gradert told U.S. Magistrate Judge Karen Humphreys that she should release the defendant on bond awaiting trial on federal charges because the man already faced five days in the county jail for drunk driving.

“At least, we would know where he is those five days,” Gradert said.

“Do you have any other argument than we will know where he is?” U.S. Magistrate Karen Humphreys asked before ordering the man held in custody.

The next case on the docket brought a man charged with bank robbery. He was already serving a previous federal sentence in a Wichita halfway house.

His federal defender, David Freund said: “Although I hate to quote Mr. Gradert …”

“We would know where his is?” Judge Humphreys said, finishing the sentence.

“Exactly,” Freund replied.

“I saw that coming,” Humphreys said.

She denied that request, too.

Full post as published by What the Judge Ate for Breakfast on March 23, 2010 (boomark / email).