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Defendants Motion for PR Bond
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
UNITED STATES OF AMERICA
v.
DANIEL YEH
Cause No. G-06-CR-04
DEFENDANT’S REQUEST FOR RELEASE ON PERSONAL RECOGNIZANCE OR
UNSECURED APPEARANCE BOND
Comes now the Defendant, Daniel Yeh, by and through his
attorney of record,
Robert S. Bennett, and respectfully moves this Court, pursuant to
Title 18, United States Code, Section 3142(b), for pre-trial release
of Defendant on personal recognizance or unsecured appearance bond.
In support of this request Defendant would show the court as
follows:
I.
SUMMARY OF REQUEST
The Defendant, Daniel Yeh, respectfully requests this
Court order the pretrial release of Daniel Yeh on personal
recognizance or unsecured appearance bond. Daniel Yeh has been a
longstanding, law abiding citizen with extensive ties to the
Galveston community, and is not a flight risk or a danger to the
community.
II.
BASIS OF REQUEST
The Bail
Reform Act, in section 3142(b), states that the judicial officer
shall order the pretrial release of the person on personal
recognizance, or upon execution of an unsecured appearance bond in
an amount specified by the court, subject to the condition that the
person not commit a Federal, State, or local crime during the period
of release, unless the judicial officer determines that such release
will not reasonably assure the appearance of the person as required
or will endanger the safety of any other person in the community.
For the reasons set forth in this motion, the Defendant asserts that
his pretrial release on his personal recognizance will reasonably
assure the appearance of the Defendant at all judicial proceedings
in the case against him.
III.
BACKGROUND AND HISTORY
The accused’s
recent operations and involved medical situation is presented for
consideration by the court. Daniel Yeh’s relevant medical history
dates back to 1994, when Daniel Yeh first had a giant frontoparietal
temporal convexity meningioma measuring 13 cm. removed by Dr. Robert
G. Grossman, M.D., Director, The Neurological Institute and Chairman
of the Department of Neurosurgery at the Methodist Hospital,
Houston, Texas. In May 1995, Daniel Yeh had a second tumor removed
by Dr. Grossman. Following the removal of the second tumor,
repeated MRI scans revealed essentially unchanged residual tumor
over the next few years until April 2003. At that time, a third
tumor was apparent, and an MRI of Daniel Yeh’s brain in January 2006
again revealed a significant interim increase in the size of the
tumor. This tumor was removed on February 21, 2006. Medical
treatment continues today.
Prior to the removal of the tumor on February 21, 2006, Daniel Yeh
was evaluated by Dr. Diane M. Mosnik, Ph. D., Licensed Clinical
Neuropsychologist and Assistant Professor at the Baylor College of
Medicine. Dr. Mosnik concluded that in her professional opinion,
Daniel Yeh’s frontal lobe damage rendered him incompetent to the
extent that she believes Daniel Yeh’s mental condition is such that
he lacks the capacity to understand the nature and object of the
proceedings against him, to consult with counsel, and to assist in
his own defense. This belief is also held by Dr. Robert G.
Grossman, Defendant’s neurosurgeon for over ten years, and Dr. Adel
Wassef, M.D., Board Certified Psychiatrist.
IV.
DANIEL YEH IS NOT A FLIGH RISK
In support of release on personal recognizance or
unsecured appearance bond, we would offer that Daniel Yeh is not a
flight risk. He is a United States citizen, and he owns property in
the United States. Daniel Yeh’s wife is a pediatrician, and she has
her pediatric clinic in the Southern District of Texas. Daniel
Yeh’s son is in medical school in the United States, and his sixteen
year old daughter is in private high school in the Houston area.
Additionally, the government has seized Daniel Yeh’s passport.
V.
REIMBURSEMENT
There has already been reimbursement made of over
$232,000. This was done immediately following the government search
of Daniel Yeh’s home on December 21, 2005 and without the advice of
counsel.
VI.
COMMUNITY SUPPORT
The defense has disclosed to the United States
Pretrial Services Officer letters of support and recommendation of
Daniel Yeh on behalf of leaders in the community. These letters of
support are attached as Defendant’s Exhibit 1A through 8A. Attached
as Defendant’s Exhibit 1B is Rice University Chinese Student
Association certificate to Daniel Yeh for being a Gold Sponsor;
Defendant’s Exhibit 2B is a certificate presented on behalf of the
Taiwanese Hakka Association of America; attached as Defendant’s 3B
is a certificate naming Daniel Yeh as the Hotel Operator of the Year
on January 1, 1993.
VII.
RELATIONSHIP AND INVOLVEMENT WITH
THE U.S. ATTORNEY’S OFFICE
Finally, the Defendant, through his attorney, has
been meeting with the government in an attempt to resolve this
matter since January, 2006. The defense has been open and
forthcoming with the government regarding all of our documents, and
has provided these documents to the government in a two-volume
binder, which they have reviewed and retained. Further, the
government was aware of the defense position prior to indictment
that Daniel Yeh, based upon neuropsychological testing that showed
Daniel Yeh lacked the necessary scienter for a criminal act, in that
he did not knowingly and willfully submit false claims to the
government. Daniel Yeh continues to suffer from a diminished
capacity following his battle with brain tumors so that he has been
diagnosed by at least three medical professionals as incompetent and
unable to assist in his own defense.
It is the Defendant’s understanding that the Government will not be
seeking pretrial detention of Defendant, but will, however, be
seeking a monetary bond amount, with a 10% deposit, and two approved
co-signors.
The defense offers that releasing Daniel Yeh on his personal
recognizance or unsecured appearance bond will reasonably assure
Daniel Yeh’s appearance at all court proceedings. This includes
Daniel Yeh’s voluntary surrender at a testing facility for
psychological testing on the issue of competency to stand trial, if
ordered by this Court. This voluntary surrender for testing is not
opposed by the government.
IV.
WHEREFORE, it is respectfully requested that the Defendant be
ordered released on personal recognizance or unsecured appearance
bond as this condition of release will reasonably assure the
appearance of the Daniel Yeh as required.
Respectfully submitted,
THE BENNETT LAW FIRM, P.C.
By:
Robert S. Bennett
State Bar No. 02150500
515 Louisiana, Suite 200
Houston, Texas 77002
Tel: (713) 225-6000
Fax: (713) 225-6001
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that this Request for Release on
Personal Recognizance or Unsecured Appearance Bond was sent via U.S.
mail and facsimile to Gregg Costa, Assistant United States Attorney,
901 Travis, Suite 1500, Houston, Texas 77208, (713) 718-3300 on this
7th day of March, 2006.
_______
Robert S. Bennett
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