Letter from the Law Offices of Patrick A. Mullin (May 15, 2023) (Dkt. 189, S.D. Tex.)

Summary

In this May 15, 2023 letter to U.S. District Judge Charles Eskridge, attorney Patrick A. Mullin asks the court to reconsider its May 3, 2023 order denying LaDonna Wiggins's motion to modify the terms of pretrial release in United States v. LaDonna Wiggins, No. 4:21-cr-66 (S.D. Tex.). The motion sought permission for Ms. Wiggins to travel as an adult chaperone with a teenaged daughter on a guided educational tour of France from May 29, 2023 through June 6, 2023. The letter notes the same order denied the Government's request that Ms. Wiggins be detained pending trial over a statement in a separate pro se civil complaint, which the defense says was neither accurate nor intentional. It cites full compliance with release terms, including a Court-approved business trip to Croatia in July 2021 and a $100,000.00 bond, and asks for the temporary return of the passport.

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Case 4:21-cr-O0066 Document 189 Filed on 05/15/23 in TXSD Page 1 of 3

LAW OFFICES OF PATRICK A. MULLIN

45 ROCKEFELLER PLAZA, SUITE 2000 * NEW YORK, NEW YORK 1OII1
WWW.TAXDEFENSE.COM T 212-639-1600 MULLIN@TAXDEFENSE.COM

May 15, 2023

Hon. Charles Eskridge

United States District Judge

Bob Casey United States Courthouse
515 Rusk Avenue

Houston, Texas 77002

Re: United States v. LaDonna Wiggins,
Docket No. 4:21-cr-66;

Letter Request for Reconsideration of Motion to Modify Terms of

Pretrial Release

Dear Judge Eskridge:

I write on behalf of my client, LaDonna Wiggins (“Ms. Wiggins”), defendant in
the above-referenced matter, in follow up to the May 12, 2023 hearing before your
Honor, in order to request reconsideration of the Court's May 3, 2023 order (“Order”)
(ECF No. 183) denying the Defendant's motion to modify the terms of pretrial release
(“Motion”) (ECF No. 179), for the reasons set forth herein. The Defense respectfully
requests that the Court consider this letter memorandum in lieu of a more formal
submission.

On April 21, 2023, the Defense submitted its Motion requesting that the terms
of Ms. Wiggins’ pretrial release be modified to permit her to travel as an adult
chaperone with her teenaged daughter to France from May 29, 2023 through June 6,
2023 for a guided educational tour for which her daughter may be able to receive
college credit. Ms. Wiggins’ proposed itinerary was included as an exhibit to the
Motion.

On April 27, 2023, the Government submitted a response (“Response”), in
which it not only opposed the Motion but also requested that Ms. Wiggins’ pretrial
release be revoked and that she be detained pending trial due to an error made on an
unverified complaint prepared and filed by Ms. Wiggins in a separate pro se civil
matter, in which she stated that she was “out of the country on October 20, 2021.” ECF
No. 180.

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Case 4:21-cr-O00066 Document 189 Filed on 05/15/23 in TXSD Page 2 of 3

Hon. Charles Eskridge, U.S.D.]J.
May 15, 2023

Order, “It seems quite unlikely that Defendant was actually able to travel
internationally on the referenced date”, given that her passport was on that date, and
continues to be, in possession of Pretrial Services in accordance with the terms of her
pretrial release in this matter.

This Court's Order was entered on May 3, 2023, denying both the Defendant's
Motion to modify the terms of Ms. Wiggins’ pretrial release, as well as denying the
Government's motion that Ms. Wiggins be detained pending trial.

During the May 12, 2023 hearing before this Court on a separately pending
motion to suppress in this matter, the Defense requested reconsideration of the
Court's Order denying the Motion to modify the terms of Ms. Wiggins’ pretrial release.
This letter is submitted in supplement to that oral request.

The Defense submits that the Court reconsider its denial of the Motion for the
following reasons:

1. Ms. Wiggins has advised that her daughter is an extraordinary fifteen
(15) year old flute player who has taken up French this year and was
selected among her classmates to participate in this educational trip to
France, for which her daughter has prepared for the past seven (7)
months. Moreover, her daughter’s father and grandmother are
unavailable to chaperone this trip, leaving only Ms. Wiggins.
Accordingly, the Defense respectfully requests that the Court reconsider
its decision in order to allow Ms. Wiggins’ daughter to participate in this
opportunity.

Ze Ms. Wiggins has fully complied with all of the terms of her pretrial
release to date in this matter, including, but not limited to a Court-
approved international business trip to Croatia from July 2, 2021
through July 11, 2021. Ms. Wiggins also took a domestic business trip to
New York City from May 27, 2021 through May 30, 2021, and a recent
domestic trip to New York City from April 13, 2023 through April 17,
2023, with Probation Officer Schmitt's approval. In addition, Ms. Wiggins
has signed a $100,000.00 bond to secure her pretrial release, which
would ensure her return to the Southern District of Texas should
permission for her to travel be granted.

SF It is further noted that the Government raised concerns during the May
12, 2023 hearing regarding Ms. Wiggins’ compliance with Pretrial
Services and is looking further into this matter. Ms. Wiggins has made
clear that she has been in full compliance throughout the course of the
two (2) years and two (2) months since she was released on bond in this
matter, in dealing with four (4) separate Pretrial Services Officers to
Case 4:21-cr-O00066 Document 189 Filed on 05/15/23 in TXSD Page 3 of 3

Hon. Charles Eskridge, U.S.D.J.
May 15, 2023

whom she has reported during the course of this matter, and has at all
times fully complied with their instructions.

4. Ms. Wiggins is willing to take any further precautions that the Court
deems necessary if this request is granted, such as communicating on a
daily basis with Pretrial Services via telephone or videoconference, as
well as any other conditions which the Court deems appropriate.

5. Should this request be granted, Ms. Wiggins has every incentive to fully
comply with the terms of the modified release in order to participate in
her trial in this matter. Ms. Wiggins has attended every court appearance
in the more than two (2) years since this matter was commenced and has,
at all times, remained actively engaged in the preparation of her defense.
Moreover, Ms. Wiggins’ teenage son graduates from high school this year
and plans to play football in Iowa this Fall, which Ms. Wiggins would not
miss, pending any further developments in this matter and permission
for her to travel to lowa as appropriate at that time. Each of these factors
further evidence Ms. Wiggins’ strong incentive to comply with the
modified terms of pretrial release, should this request be granted.

Accordingly, for these reasons, we respectfully request that the Court

reconsider its May 3, 2023 Order and grant the Defendant's Motion to modify the
terms of her pretrial release to permit her to accompany her teenage daughter on an
educational trip to France from May 29, 2023 through June 6, 2023 and to permit the
temporary return of Ms. Wiggins’ passport for this purpose.

Thank you for eyéry consideration of this request.

Respéctfully submitted,

PATRICK A. MULLIN

PAM/cs
Encls.
Via ECF.

cc:

Ms. Zahra Fenelon, AUSA (via ECF and Email to Zahra.Fenelon@usdoj.gov);
Mr. Rodolfo Ramirez, AUSA (via ECF and Email to

Ms. Ladonna Wiggins.

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