The opinion of the court was delivered by: Bua, District Judge.
Before the Court is the defendants' motion to review and
revoke the Magistrate's detention order. For the reasons
stated herein, the defendants' motion is denied.
Defendants Sandra Campbell, Troy Campbell and Lawrence Lee
join in a motion to review and revoke the Magistrate's
detention order entered on October 2, 1985. On April 16, 1985,
defendants were charged in complaint 85 CR 232 with conspiring
to possess cocaine with intent to distribute. Each defendant
appeared before Magistrate James T. Balog on those charges
and, without objection by the government, was released on
On July 9, 1985, these defendants were indicted in
United States v. Roosevelt Daniels, et al., 85 CR 232, charging
each of them with conspiracy to distribute and possess with
intent to distribute cocaine. Sandra Campbell was also charged
with racketeering, in violation of 18 U.S.C. § 1962(c).
Lawrence Lee was also charged with distribution of cocaine. The
other defendant, Roosevelt Daniels, was ordered detained by
Magistrate Balog after his arrest on April 15, 1985. The
detention order was affirmed by the Seventh Circuit Court of
Appeals. United States v. Daniels, 772 F.2d 382 (7th Cir.
1985). He has been incarcerated in the Metropolitan
Correctional Center (MCC) since that date.
In August 1985 the Federal Bureau of Investigation (FBI)
instituted court-ordered monitoring of two telephones on the
13th floor of the MCC, the floor on which Daniels was
detained. The monitoring of the above-described telephones
revealed that Daniels utilized the telephones to conduct his
narcotics operation while confined in the MCC. During
approximately the first 20 days, Daniels called Sandra
Campbell approximately 24 times, and Campbell, using a
three-way calling feature, patched Daniels through to his
associates and employees in his narcotics business.
Based on these conversations, the government procured a
search warrant for the residence of Sandra Campbell. The
warrant was executed at 1:20 a.m. on September 6, 1985, and
the two Campbells and Lee were arrested. These three
defendants appeared before Magistrate Balog on September 6,
1985 in complaint 85 CR 619. The government did not pursue
formal charges and these defendants were discharged.
On September 23, 1985, defendant Lawrence Lee was arrested
on complaint 85 CR 619 and charged with conspiring to possess
with intent to distribute cocaine between August 7, 1985 and
September 24, 1985. On September 24, 1985, defendants Sandra
Campbell and Troy Campbell were arrested on complaint 85 CR
619. At their arraignment on September 24, the government
informed Magistrate Balog that it considered defendants to be
dangers to the community and moved for their detention.
Magistrate Balog ordered defendants held for ten days,
excluding weekends and holidays, under 18 U.S.C. § 3142(d), in
order to give this Court the opportunity to rule on revocation
of the bond set in complaint 85 CR 232.
Defendants' counsel and the government appeared before this
Court on September 26, 1985. At that time, the Court agreed
that, since Magistrate Balog was going to have to hold a
preliminary hearing on complaint 85 CR 619 and the evidence
offered by the government would be the same as that offered at
a detention hearing, it made sense to have a combined
preliminary hearing/detention hearing before Magistrate Balog.
On September 27, 1985, the parties appeared before
Magistrate Balog and scheduled a detention hearing for the
next day. On September 28, 1985, the detention hearing was
held at the MCC. At that hearing, the Magistrate found
probable cause to support complaint 85 CR 628, which
supersedes 85 CR 619, as to the two Campbell
defendants and Lee. At the hearing, the various defense
counsels were given the opportunity to present testimony and
to examine the government's witnesses. Although defense
counsels recognized that there was a rebuttable presumption in
favor of continued detention, they declined to present any
evidence. Instead, they relied chiefly on the untimeliness of
the detention hearing under 18 U.S.C. § 3142(f).
Magistrate Balog rejected the untimeliness argument and, in
light of his finding of probable cause, the unrebutted
evidence that the defendants constituted a danger to the
community, and the unrebutted presumption that no combination
of conditions could reasonably assure the appearance of the
defendants and the safety of the community, ordered the
defendants detained pending trial pursuant to 18 U.S.C. § 3142(e),
(f) and (g). See Detention Order, United States v.
Daniels, No. 85 CR 628 (N.D.Ill. October 2, 1985) slip op. at
5. The defendants have filed this motion, pursuant to 18 U.S.C. § 3145(b),
to revoke the detention order.
A. Timeliness of Government's Request for Pretrial
Pretrial detention under 18 U.S.C. § 3142(e) may be ordered
only after a hearing pursuant to subsection (f). United States
v. Alatishe, 768 F.2d 364, 367 (D.C. Cir. ...