Fahie files motion to dismiss US Attorney’s appeal against bail
The attorney representing former Premier Andrew Fahie has filed a motion to dismiss the US Prosecution’s appeal of the bail bond previously offered by the Miami District Court.
Judge Alicia Otazo-Reyes had granted Fahie a $500,000 corporate surety bond with several strict conditions as he faces drug and money laundering charges. But the US Attorney’s Office appealed the ruling causing the disgraced former Premier to remain in federal custody until the appeal process is concluded.
Fahie’s lawyer Theresa Van Vliet noted that US Attorney’s Office had filed its Notice of Appeal (NOA) on May 5 — one day after Fahie was offered bail — and said they were in the process of obtaining the transcript from that court hearing. Van Vliet further said the prosecutors indicated that they would prepare a more thorough motion for revocation of the bail bond upon receipt.
However, Fahie’s attorney indicated that the US prosecutor’s attempts to secure the transcript have been slow. Van Vliet said the court clerk’s failure to provide the document to the government counsel had impeded the process of her client’s appeal and as a result, he is still in custody.
“While the delay is not believed to be of the government’s doing, the plain fact is that Mr Fahie’s bond status has fallen victim to a lack of compliance with the mandatory rules of this Court and more broadly to the statutory and constitutional right to a prompt bond process,” Fahie’s attorney said in the motion to dismiss.
“Mr Fahie was entitled to have this appeal well along its way by now. Through no fault of his own, that is not the case, and he continues to sit in detention despite a finding by a Magistrate Judge that there are conditions of release that will ensure his appearance,” the document said.
“Given that the 48-hour window closed almost four days past, Mr Fahie respectfully requests that the Government’s NOA be dismissed or, alternatively, that the stay of bond be lifted or denied to the extent is sought to be renewed and that he be permitted to post the bond set by Magistrate Judge Otazo-Reyes on May 4, 2022,” the motion continued.
The United States prosecution has since filed a response to the motion to dismiss the appeal stating that Fahie’s request is without basis inside the law and should be denied in front of the court.
Fahie’s lawyer Theresa Van Vliet noted that US Attorney’s Office had filed its Notice of Appeal (NOA) on May 5 — one day after Fahie was offered bail — and said they were in the process of obtaining the transcript from that court hearing. Van Vliet further said the prosecutors indicated that they would prepare a more thorough motion for revocation of the bail bond upon receipt.
However, Fahie’s attorney indicated that the US prosecutor’s attempts to secure the transcript have been slow. Van Vliet said the court clerk’s failure to provide the document to the government counsel had impeded the process of her client’s appeal and as a result, he is still in custody.
“While the delay is not believed to be of the government’s doing, the plain fact is that Mr Fahie’s bond status has fallen victim to a lack of compliance with the mandatory rules of this Court and more broadly to the statutory and constitutional right to a prompt bond process,” Fahie’s attorney said in the motion to dismiss.
“Mr Fahie was entitled to have this appeal well along its way by now. Through no fault of his own, that is not the case, and he continues to sit in detention despite a finding by a Magistrate Judge that there are conditions of release that will ensure his appearance,” the document said.
“Given that the 48-hour window closed almost four days past, Mr Fahie respectfully requests that the Government’s NOA be dismissed or, alternatively, that the stay of bond be lifted or denied to the extent is sought to be renewed and that he be permitted to post the bond set by Magistrate Judge Otazo-Reyes on May 4, 2022,” the motion continued.
The United States prosecution has since filed a response to the motion to dismiss the appeal stating that Fahie’s request is without basis inside the law and should be denied in front of the court.
