Highly Unusual: Pretrial Services Files Affidavit Correcting Fed Prosecutor

detroit1By Allan Lengel

In a highly unusual move, the chief of Pretrial Services in Detroit filed an affidavit with the 6th Court of Appeals correcting claims by the federal prosecutor in the Hutaree Christian militia case, the Detroit Free Press reported.

At the center of the dispute is  Assistant U.S. Attorney Ronald Waterstreet, who is trying to block a judge from freeing the militia members pending trial.  Waterstreet in court papers has claimed that the electronic GPS monitoring was  “wholly inadequate to effectively supervise the defendants” who are accused of plotting to kill cops. He wants them to remain behind bars.

But chief  of Pretrial Services Alan Murray  wrote : “This affidavit is being submitted to correct the record, and any misunderstanding (Assistant U.S. Attorney) Mr. (Ronald) Waterstreet had about our conversation,” the  Detroit News reported.

“Contrary to Mr. Waterstreet’s belief, the court-ordered ‘home detention’ does not allow unmonitored release the entire day,” Murray said in the affidavit. “The Global Positioning Satellites System allows a defendant to be monitored, at all times.”

One of the defense attorneys Michael Rataj responded, according to the Detroit News, by saying: “Obviously Waterstreet has completely misrepresented what was discussed with pretrial services.”

The Detroit News said Waterstreet did not immediately return a call for comment.

The prosecution is challenging U.S. District Judge Victoria A. Roberts, who has ruled that the defendants should go free pending trial. The prosecution is arguing they’re a danger to the community and should be detained. The judge has expressed skepticism about the case and doesn’t believe the militia members are a danger to the community.

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