Motion for Reconsideration of Court — United States v. Mykia King, No. 21-30178 (Dkt. 20, E.D. Mich.)
Summary
Attorneys John F. Royal and Kathy H. Murphy filed this motion on August 23, 2021 asking the court (Hon. Anthony P. Patti) to reconsider its order (Dkt. 19) revoking the bond of Mykia King, who is charged with conspiracy to commit wire and mail fraud, in Case No. 21-30178 (E.D. Mich.). The motion says that at an August 17, 2021 hearing the court found probable cause of a crime committed while on release and clear and convincing evidence of violating conditions barring possession of others' personally identifiable information and the filing of unemployment claims. It proposes that Ms. King live with father Michael Anthony King and Crystal Thompson in northwest Detroit on 24-hour house arrest with a GPS tether and no access to computers or smart phones; the couple agreed to restrict their phones and laptop and to consent to unannounced searches. The Government does not concur.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs. Case No. 21-30178
Hon. Anthony P. Patti
MYKIA KING,
Defendant.
/
Alyse Wu John F. Royal (P27800)
United States Attorney's Office Attorney for Defendant
Major Crimes Unit P. O. Box 393
211 W. Fort Street, Suite 2001 Boyne City, MI 49712
Detroit, MI 48226 (313) 962-3738
313-226-9589 Email: jfroyal2000@gmail.com
Email: alyse.wu@usdoj.gov
Kathy H. Murphy (P51422)
John K. Neal Attorney for Defendant
United States Attorney's Office P.O. Box 51164
211 W. Fort Street, Suite 2001 Livonia, MI 48151
Detroit, MI 48226 (734) 578-1887
(313) 226-9644 Email: kathyhmurphy@gmail.com
Email: john.neal@usdoj.gov
/
MOTION FOR RECONSIDERATION OF COURT
ORDER (Dkt. 19) REVOKING DEFENDANT’S BOND
CERTIFICATE OF SERVICE
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MOTION FOR RECONSIDERATION OF COURT
ORDER (Dkt. 19) REVOKING DEFENDANT’S BOND
NOW COMES the Defendant, MYKIA KING (“Ms. King”), by and through
her attorneys, JOHN F. ROYAL and KATHY H. MURPHY, and moves this
Honorable Court pursuant to L.R. 7.1 (h) to Reconsider its Opinion and Order (Dkt.
19) revoking her Bond, for the following reasons:
1. Ms. King, who has been charged with conspiracy to commit wire and
mail fraud, was previously released on bond pursuant to the Bail Reform Act, 18
U.S.C. § 3142 et seq.
2. The Government moved for revocation of bond based on allegations
that Ms. King violated the conditions of her release and violated state or federal
criminal laws while on bond.
3. At a hearing on August 17, 2021, this Honorable Court found, pursuant
18 U.S.C. 3142 (b):
☒ probable cause to believe that Defendant has committed a Federal,
State, or local crime while on release (if a felony, a rebuttable
presumption arises that no condition or combination of conditions will
assure that Defendant will not pose a danger to the safety of any other
person or the community); and
☒ clear and convincing evidence that Defendant has violated any other
condition of release, namely that she refrain from possessing any
personally identifiable information of any other person and from filing
any claims for unemployment benefits for herself or any other person.
(ECF No. 11, PageID.39, ¶¶ x(ii) and x(iii)); AND
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☒ based on the factors set forth in 18 U.S.C. § 3142(g), there is no
condition or combination of conditions of release that will assure that
Defendant will not flee or pose a danger to the safety of any other
person or the community; and
☒ Defendant is unlikely to abide by any condition or combination of
conditions of release.
4. At the time of the hearing, as an alternative to bond revocation, counsel
for Ms. King proposed that Ms. King be placed on 24-hour house arrest with a GPS
tether, and be required to remain in the home where she had resided, prior to being
taken into custody, with her mother, sister, brother and cousin, all of whom have
smart phones.
5. This Honorable Court felt that it would be impossible to ensure that Ms.
King did not use a smart phone belonging to one of the other residents, and that the
other residents would not consent to unannounced searches of the home. These
were among the reasons the Court rejected the suggestion of defense counsel and
granted the Government’s motion to revoke Ms. King’s bond.
6. After the revocation hearing, Ms. King’s father, Michael Anthony
King, came forward and informed defense counsel that, if the Court agreed to release
Ms. King, she would be welcome to live in his home. Michael King lives in a single-
family home in northwest Detroit, the address of which can be provided to the Court,
the Pretrial Services Officer, and the Government. Mr. King resides in that home
with his fiancée, Crystal Thompson, and their two small children, ages five and two.
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7. Michael Anthony King, whose birthdate can be provided to the Court,
the Pretrial Services Officer, and the Government, reported to counsel that he was
convicted of a federal drug conspiracy offense in 1992 for which he served a five-
year federal prison sentence. Ms. Thompson, upon information and belief, has no
criminal history.
8. Mr. King and Ms. Thompson each possess a smart phone. Ms.
Thompson also possesses a laptop computer for remote work which has been
provided by her employer. She works part-time in the home and part-time at her
office in the Children’s Center Building in Detroit. There are no other devices in the
home.
9. Mr. King and Ms. Thompson have agreed to set up restrictions to keep
Ms. King from using either of their phones, and from using Ms. Thompson’s laptop,
during the time that Ms. King resides in their home.
10. Mr. King and Ms. Thompson have agreed to consent to unannounced
searches of their home by Pretrial Services Officers during the time Ms. King lives
there.
11. Reconsideration is warranted because the above new
information demonstrates “a palpable defect by which the Court and the parties and
other persons entitled to be heard on the motion have been misled ...[and] correcting
the defect will result in a different disposition of the case.” L. R. 7.1(h)(3).
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12. This Court should grant reconsideration and reverse its revocation of Ms.
King’s bond, and amend the conditions of her release to state that Ms. King must
live in the home of Michael King and Crystal Thompson and remain there on 24-
hour house arrest, to be monitored by a GPS tether. Further, Ms. King is not to have
access to any computers or smart phones while on bond to this Court.
13. The Government does not concur in this motion.
WHEREFORE, the movant, Mykia King, respectfully requests that this
Honorable Court grant reconsideration; withdraw its Order in this matter (Dkt. 19),
and then enter an Order reinstating Ms. King’s bond with whatever bond conditions
it deems appropriate.
Respectfully submitted,
s/John. F. Royal
John F. Royal (P27800)
P. O. Box 393
Boyne City, MI 49712
(313) 962-3738
Email: jfroyal2000@gmail.com
s/Kathy H. Murphy
Kathy H. Murphy (P51422)
P.O. Box 51164
Livonia, MI 48151
(734) 578-1887
Email: kathyhmurphy@gmail.com
August 23, 2021
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs. Case No. 21-30178
Hon. Anthony P. Patti
MYKIA KING,
Defendant.
/
Alyse Wu John F. Royal (P27800)
United States Attorney's Office Attorney for Defendant
Major Crimes Unit P. O. Box 393
211 W. Fort Street, Suite 2001 Boyne City, MI 49712
Detroit, MI 48226 (313) 962-3738
313-226-9589 Email: jfroyal2000@gmail.com
Email: alyse.wu@usdoj.gov
Kathy H. Murphy (P51422)
John K. Neal Attorney for Defendant
United States Attorney's Office P.O. Box 51164
211 W. Fort Street, Suite 2001 Livonia, MI 48151
Detroit, MI 48226 (734) 578-1887
(313) 226-9644 Email: kathyhmurphy@gmail.com
Email: john.neal@usdoj.gov
/
CERTIFICATE OF SERVICE
I hereby certify that on August 23, 2021, I electronically filed the foregoing paper
with the Clerk of the Court using the ECF system which will send notification of
such filing to the following: Alyse Wu and John K. Neal.
Respectfully submitted,
s/ Kathy H. Murphy
Kathy H. Murphy
Phone: (734) 578-1887
Email: kathyhmurphy@gmail.com
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