Jeremy Brown Remains Detained Without Bail-Will He Receive Court-Ordered Access to Discovery?

American Gulag Staff Report

December 18, 2021

Jan. 6th defendant Jeremy Brown pleaded not guilty to charges of entering and remaining in a restricted building and disorderly and disruptive conduct last Friday, Dec. 10th.

His attorney, Allen Orenberg, mentioned “he’s not interested in a plea.”

“The defendant needs every last piece of discovery he can have access to in the next 60-90 days,” said Judge Amit Mehta. “My expectation is he will have gotten his discovery by the next time we meet.”

A week later, Brown’s girlfriend states this still hasn’t happened. The Constitution guarantees citizens the right to a speedy trial. This means there is a definite timeframe is established for case to be heard. It ensures a defendant is not kept waiting at great personal cost- absent from family and work-sitting in jail.

Brown, like other defendants, needs sealed files which can only be access through a secure database. Jailed defendants are restricted to leaving their cells for a only few hours a day. They have minimal access to the law library or defense attorneys. This doesn’t progress their case.

Attorney Orenberg admitted to speaking with Brown for only a few minutes before his last court appearance. Due to time constraints, he could not read his client’s speedy trial rights. The court permitted him to do so afterwards.

Standard bail conditions-which often include the surrender of firearms and passports, or submitting to GPS monitoring- close the loop and prevent this.

When Orenberg asked Judge Mehta to release Brown under minimum bond and issue him credit for time served for misdemeanor charges, the government refused.

Pretrial services officer Christine Schuck cited Brown was accused of unlawfully receiving an unregistered firearm and failing to abide by explosives storage standards after these materials were found during a raid on his home. This case is under appeal in the Middle District of Florida.

According to precedent in the Jan. 6th cases “for pretrial detention based on dangerousness, the government must prove by clear and convincing evidence that an arrestee presents an identified and articulable threat to an individual or the community.’”

The government is using an un-dated text thread about Brown closing his Congressional campaign, military memorabilia, and training manuals from his time in the Army as “evidence.” In addition, they mischaracterized a homemade sign Brown created, using crude humor to warm government agencies off of his property. This is protected under the First Amendment, but referenced in his detention order as a reason to deny bail.

“People accused of violent crimes, including murder and rape, are granted bail every day in this country,” stated attorney David B. Smith, representing another Jan. 6th defendant, Ethan Nordean.

Nordean, like Brown, is currently detained. While Nordean entered the building and Brown did not, both they share a similar criminal charge (18 USC Sect 1752a) for standing outside of government property during a public event.

“[Nordean] would likely remain detained for a year or longer awaiting trial, if he is not released. Significantly, that pretrial detention would outlast the sentence of conviction.”

The Pinellas County Corrections Department, where Brown is detained, was not available for comment.

You can support judicial accountability for Jeremy Brown before his upcoming status conference on January 11th. Visit Jeremy Brown’s Legal Defense Fund at jeremybrowndefense.com.

 

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