Government's Opposition to Motion for Compassionate Release — U.S. v. Staveley, No. 1:20-cr-00074 (D.R.I.), Dkt. 34

Summary

The United States opposes defendant David Staveley's motion for compassionate release, which the memorandum says rests on a sexual assault he claims to have endured years ago. It states that compassionate release is only available for defendants who have already been sentenced and that defendant is detained pretrial. It states that on May 26, 2020, defendant disengaged his electronic monitoring and disappeared in a way the memorandum says was made to look like a suicide, and that he was apprehended in the Atlanta, Georgia area on July 23, 2020 after an investigation by the United States Marshal's Service. It argues that defendant is an extreme risk of flight and that no conditions can assure his appearance. The certificate of service is dated January 11, 2021 and bears the /s/ signature of Lee H. Vilker.

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Full text

Case 1:20-cr-00074-MSM-LDA Document 34 Filed 01/11/21 Page 1 of 5 PageID #: 159



                           UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF RHODE ISLAND


  UNITED STATES OF AMERICA                    No. 20-CR-074-MSM-LDA
            v.
  DAVID ADLER STAVELEY,
    a/k/a “Kurt Sanborn,”
            Defendant.


                GOVERNMENT’S MEMORANDUM IN OPPOSITION
            TO DEFENDANT’S MOTION FOR COMPASSIONATE RELEASE

      Defendant David Staveley (“Staveley”) has moved this Court for compassionate

 release pursuant to 18 U.S.C. § 3582(c)(1), arguing that this extraordinary remedy is

 warranted as a result of a sexual assault he claims to have endured years ago. The

 United States has no way to know whether this assault actually occurred or whether,

 like defendant’s prior staged suicide, it is simply another ploy by this defendant to gain

 release. In either event, defendant’s motion should be denied.

      First and foremost, the remedy sought by Staveley does not exist for defendants

 who have yet to be sentenced. Compassionate release is only available for defendants

 who have already been sentenced who can demonstrate “extraordinary and

 compelling” reasons for a reduction in sentence. 18 U.S.C. § 3582(c)(1). Defendant is

 detained pretrial; the remedy of compassionate release is therefore unavailable.

      Even if defendant’s motion were read generously to be a motion for release from

 custody under the Bail Reform Act, it should be denied. This Court is well familiar with

 this defendant’s history on pretrial release. On May 26, 2020, Staveley disengaged his
Case 1:20-cr-00074-MSM-LDA Document 34 Filed 01/11/21 Page 2 of 5 PageID #: 160




 electronic monitoring and staged his disappearance to make it look like a suicide. He

 sent suicide notes to several individuals which were provided to the Government. His

 vehicle was subsequently found abandoned near the ocean in Revere, Massachusetts; a

 suicide note was left behind in the car making it appear that defendant had drowned

 himself in the ocean. The Massachusetts State Police dispatched a rescue boat to search

 for his body; it, of course, was never found.

     The United States Marshal’s Service then undertook an extensive investigation in

 an attempt to locate and apprehend Staveley. The investigation uncovered that Staveley

 was moving around the country from one State to the next and that he was using

 numerous aliases to conceal his identity. While on the lamb, Staveley represented

 himself to be “David Spencer,” “Patrick Hughes,” and “Daniel Pitts.” At the time of his

 re-arrest, Staveley was in the process of securing employment under the identity of

 “Daniel Pitts.” He also regularly changed his cell phones in an attempt to avoid

 apprehension. He appears to have been sleeping in a minivan on which he affixed two

 stolen license plates – one from Rhode Island and another from California.

     After herculean efforts by the United States Marshal’s Service, defendant was

 apprehended in the Atlanta, Georgia area on July 23, 2020. In his possession were a

 passport and numerous false identification cards in various names. Hand-written notes

 were also found which contained the names of different identities and their dates of

 birth and social security numbers. In addition, defendant was found in possession of

 three different cell phones.



                                                 2
Case 1:20-cr-00074-MSM-LDA Document 34 Filed 01/11/21 Page 3 of 5 PageID #: 161




       The facts of this case demonstrate beyond any doubt that defendant is an extreme

 risk of flight and that no conditions can assure his appearance at future proceedings.

 For this reason, this Court ordered defendant held pretrial after he was apprehended by

 the Marshals. Nothing has changed to alter that conclusion. This Court certainly cannot

 trust the representation made by this defendant that he was previously sexually

 assaulted. If this representation is accurate, the United States sympathizes with the

 defendant for what he has endured. Prior counsel has suggested that this sexual assault

 played a role in defendant’s decision to flee as he was desperate to avoid jail time. If this

 is correct, that same factor would still serve as an incentive for defendant to flee before

 the lengthy sentence he is likely to receive in this case is imposed. 1

      This Court already placed its faith in this defendant once when it initially released

 him pretrial. Defendant responded by staging his suicide, cutting off his electronic

 monitoring and absconding across the country using aliases. Defendant is an extreme

 risk of flight who should not be released.




 1
   The Government also disagrees with the contention made by defendant that he “is alone 24
 hours per day.” (Def. Mem. at 2). Defendant is not in some kind of solitary confinement as this
 remark suggests. Defendant is housed in the Bravo Pod at the Wyatt Detention Center, which is a
 General Population unit. Staveley is noted as a “house alone,” which means he has no cellmate,
 though the cells in this area are each designed for two detainees. The “house alone” designation
 was placed by mental health staff in conjunction with Staveley’s request due to concerns he
 raised during their sessions.


                                                3
Case 1:20-cr-00074-MSM-LDA Document 34 Filed 01/11/21 Page 4 of 5 PageID #: 162




                                           Respectfully submitted,

                                           AARON L. WEISMAN
                                           United States Attorney




                                           Assistant U.S. Attorney
                                           United States Attorney’s Office
                                           50 Kennedy Plaza, 8th Floor
                                           Providence, RI 02903
                                           401-709-5000 (tel)
                                           401-709-5001 (fax)




                                       4
Case 1:20-cr-00074-MSM-LDA Document 34 Filed 01/11/21 Page 5 of 5 PageID #: 163




                                CERTIFICATE OF SERVICE

       I hereby certify that on this 11th day of January 2021, I caused the within Government’s
 Opposition to be filed electronically and it is available for viewing and downloading from the
 ECF system.




                                                    /s/ Lee H. Vilker________________
                                                    LEE H. VILKER
                                                    Assistant U. S. Attorney
                                                    U. S. Attorney's Office
                                                    50 Kennedy Plaza, 8th Floor
                                                    Providence, RI 02903
                                                    401-709-5000, 401-709-5001 (fax)




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