Free Motion for Release from Custody - District Court of Arizona - Arizona

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G EORGE F. K LINK
45 West Jefferson, Suite #810 Phoenix, AZ 85003-2328 (602) 253-3889 State Bar #004057 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ____________________________________ ) ) ) Plaintiff, ) ) v. ) ) Doris Ann Batson, ) ) Defendant. ) ____________________________________) United States of America, No. CR04-50152-001-PHX-SMM MOTION FOR RELEASE

Defendant, through counsel, moves for an order releasing the Defendant during the pendency of 14 these revocation proceedings for the reasons set forth in the attached Memorandum. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ George F. Klink George F. Klink Attorney for Defendant Respectfully submitted this 7th day of February, 2006.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ Susan L. West Susan L. West Mr. Darin Myler facsimile (602) 682-4333 U. S. Probation Officer

CERTIFICATE OF SERVICE I hereby certify that on February 7, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Hon. Edward C. Voss United States District Court 401 West Washington Street Phoenix, AZ 85003 [email protected] Darcy Cerow, Esq. [email protected] Assistant U.S. Attorney A copy of the foregoing faxed this 7th day of February, 2006 to:

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MEMORANDUM This matter is set for Detention Hearing and Preliminary Revocation Hearing February 7,

3 2006 at 4:30 p.m. The supervised release violations alleged include only failure to submit written 4 monthly reports and failure to notify the probation officer of change of residence. The Petition was 5 filed on May 2, 2005. 6 Recently, counsel is advised that the Defendant contacted her probation officer, Darin Myler, 7 and told him she was at Elba House, a women's residential substance abuse treatment facility in 8 South Phoenix. Shortly thereafter, the Defendant was taken into custody. She has been temporarily 9 detained since her initial appearance on the Petition pending today's Detention Hearing. 10 Counsel has confirmed with the client, the probation officer, and Elba House that the 11 Defendant was indeed an inpatient at the Elba House at the time of her arrest last week on the 12 Petition that was filed in May of last year. 13 Counsel has spoken with Elba House staff who advise that the Defendant is welcome to 14 return to their facility if released. The Elba House program is a 24-hour inpatient facility providing 15 residential substance abuse treatment for women. It is a facility that is run by Ebony House, 16 Incorporated, a well known community-based treatment organization. Funding is provided through 17 Value Options. There is no cost to the federal court or probation system if the Defendant is allowed 18 to remain at Elba House. 19 The Elba House program typically provides for therapy and counseling for a period of 20 approximately 90 days. The period of inpatient treatment can be longer, depending on the needs of 21 the patient. If the patient is in need and is interested in it, the facility has a supportive housing 22 program which will provide transitional housing apartments for the patient. Counseling, therapy, 23 NA and AA are provided during this period. 24 It appears appropriate to allow the Defendant to resume her residential treatment at Elba 25 House pending final resolution of this matter. It would certainly be better than sitting at CCA until 26 the assigned judge makes a decision on Ms. Batson's future. For the Court's information, literature 27 28 -3-

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on the Ebony House programs are included as an exhibit to this Memorandum. Counsel urges this Court to enter an order releasing the Defendant with the condition that she return to Elba House and resume participation in the rehabilitation program offered there, or as otherwise directed by her probation officer. The following is the location of the facility: Elba House 8646 South 14th Street Phoenix, AZ 85042 Phone: (602) 243-5493 Fax: (602) 243-5486

Dated: _______________________ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

_____________________________________ George F. Klink Attorney for Defendant

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