Application of Mississippi Attorney General, contending that
petitioner's return to the community will create a dangerous
situation, supported by affidavits of local law enforcement
officials stating in conclusory terms that petitioner's presence
will create a tense and explosive situation in the community, is
denied and the order admitting petitioner to bail is reaffirmed, as
petitioner is a lifelong resident of the community, owns his home,
has his family there, served on the local police force, is a deacon
in a local church, has no prior record, and was released on bail
for 14 months before trial, apparently without incident.
See: 252 So. 2d
217.
MR. JUSTICE POWELL, Circuit Justice.
On January 31, 1972, counsel for Leon Chambers, petitioner in
No. 71-5908, filed with me, as Circuit Justice for the States
constituting the Fifth Circuit, an application for bail pending
consideration of his petition for writ of certiorari. Petitioner's
counsel detailed the reasons making it appropriate for me to
exercise my discretion, under 18 U.S.C. § 3144, to admit this
petitioner to bail. A copy of his certiorari petition, which raises
two nonfrivolous constitutional questions, was also attached to his
application. The Attorney General of Mississippi declined to file a
response objecting to the application. On February 1, 1972, after
careful review of petitioner's application, I entered an order
admitting him to bail. In order to assure that petitioner would not
flee or pose a danger to any other person, I imposed a number of
conditions on his release. He was required to post bail bond in the
sum of $15,000; to live at home with his family in his hometown of
Woodville, Mississippi; to find employment; and to report,
immediately upon release and periodically thereafter, to the local
sheriff.
Page 405 U. S. 1206
Ten days later, on February 11, 1972, the Attorney General of
Mississippi filed an application for reconsideration of my order
admitting petitioner to bail. Although the Rules of this Court do
not provide for such an application, I have carefully reexamined
all papers submitted, including a response from petitioner's
counsel.
The Attorney General, in addition to contending that
petitioner's case is frivolous, asserts that petitioner's "return
to the community will create a dangerous situation to citizens of
that community." In support of this latter allegation, he proffers
the affidavits of the County Sheriff, the local Police
Commissioner, and the Chief of Police of Woodville. In conclusory
terms, these documents state that petitioner's presence will create
a tense and explosive situation in the community, which might
result in bloodshed. No specific facts are stated in support of the
opinions expressed. On the contrary, it appears that this
petitioner's roots in the community and record of good behavior
merit his release pending final determination of his case.
Petitioner is a lifelong resident of Woodville; he owns a home,
subject to a mortgage; he has a wife and nine children there; he
served for a period on the Woodville police force; he is a deacon
in the local Baptist Church; and he has no prior criminal record.
Before his trial, he was released on bail for approximately 14
months, apparently without incident. During his period of
incarceration after his conviction, it appears that petitioner was
a model prisoner.
On this record, I am unable to conclude that petitioner's mere
presence in the community poses such a threat to the public "that
the only way to protect against it would be to keep [him] in jail."
Sellers v. United States, 89 S. Ct. 36, 38, 21 L. Ed. 2d
64, 67 (1968) (Black, J., in chambers).
The order admitting petitioner to bail is hereby reaffirmed.
It is so ordered.