Free Motion to Modify Conditions of Release - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1360

Filed 08/31/2007

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case Number: 04-cr-000103-REB

UNITED STATES OF AMERICA, Plaintiff,

v.

4. CHARLES LEWIS Defendant. ________________________________________________________________________ DEFENDANT'S MOTION TO MODIFY CONDITIONS OF RELEASE ________________________________________________________________________

Comes now the Defendant, Charles Franklin Lewis, by and through undersigned counsel, Ronald Gainor, who submits this Motion to Modify Conditions of Release and, in support, would state the following; 1. The Defendant, Charles Franklin Lewis, has been residing at the Independence

House in Denver, Colorado as a condition of his bond for the last nineteen (19) months. 2. According to the defendant's attending physician, Steven Kolpak, MD, Charles

Lewis suffers from a variety of chronic medical illnesses including ulcerative colitis, a condition which may be worsening at this time. Dr. Kolpak believes that Mr. Lewis'

-1-

Case 1:04-cr-00103-REB

Document 1360

Filed 08/31/2007

Page 2 of 5

health could improve if he were allowed to live in a home confinement arrangement (see letter prepared by Steven Kolpak, MD, dated August 8, 2007). 3. Based on these circumstances, undersigned counsel requests that the Court modify

the defendant's bond so as to allow him to reside with his daughter, Lori Lewis, in the residence she currently occupies located at 12093 West Cross Drive, Littleton, Colorado. Undersigned counsel has spoken to the owner of that residence, Chris Carr, who has no objection to this modification. Specifically, Mr. Carr would have no objection to the defendant residing in his home through sentencing in the above-captioned matter and/or the resolution of trial proceedings in the matter of S.E.C. v. Capitol Holdings LLC, Case No: 03-cv-00923-REB., a proceeding in which the defendant is a pro se litigant. 4. As a condition of this modification, the defendant would consent to wearing an

ankle monitor as well as any other conditions the Court would see fit to impose. 5. United States Probation Officer, Gary Burney and Independence House Supervisor

Fred Nelson have both reported to counsel that Mr. Lewis is in full compliance with the terms and conditions of his supervision at the halfway house. 6. Assistant United States Attorney Matthew Kirsh would object to any bond

modification at this time. Wherefore, based on the above and foregoing, undersigned counsel for the Defendant, Charles Franklin Lewis, respectfully requests that this Honorable Court grant this Motion to Modify Conditions of Release and allow the defendant to reside at the home occupied by his daughter, Lorie Lewis, located at 12093 West Cross Drive in Littleton, Colorado until such time that the defendant be required to surrender to serve a

-2-

Case 1:04-cr-00103-REB

Document 1360

Filed 08/31/2007

Page 3 of 5

sentence or upon completion of proceedings in the matter of S.E.C. v. Capitol Holdings LLC. Case No: 03-cv-00923-REB

Dated this 31st day of August, 2007

Respectfully submitted, s/ Ronald Gainor RONALD GAINOR 6414 Fairways Drive Longmont, CO 80503 (303) 448-9646(phone) (303) 447-0930 (Facsimile) [email protected] Attorney for Charles Lewis

-3-

Case 1:04-cr-00103-REB

Document 1360

Filed 08/31/2007

Page 4 of 5

CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that I have electronically filed the foregoing Defendant's Motion to Modify Conditions of Release on this 31th day of August, 2007 with the Clerk of the Court using the ECF system which will send notification of such filing to the following email addresses:

Matthew Kirsch [email protected] Wyatt B. Angelo [email protected] Peter Bornstein [email protected] Thomas Hammond [email protected] Thomas Goodreid [email protected] Daniel Smith [email protected] Declan O'Donnell [email protected] Mitchell Baker [email protected]

-4-

Case 1:04-cr-00103-REB

Document 1360

Filed 08/31/2007

Page 5 of 5

Richard Kornfeld [email protected] Richard Stuckey [email protected]

s/ Ronald Gainor

-5-