In the ongoing Gun Free School Zone case against Gabriel Metcalf in Billings, Montana, Gabriel’s federal public defender, Russel Hart, has filed a motion requesting a detention hearing. The Assistant United States Attorney (AUSA) Thomas K. Godfrey has indicated he opposes re-opening a detention hearing. This means Godfrey wants to keep Gabriel Metcalf in a federal lockup in the Yellowstone County Detention Facility until trial. A trial could be years away. This case could go all the way to the Supreme Court.
The magistrate judge, Timothy J. Cavan, ordered the United States representative in this matter, AUSA Godfrey, to file its opposition to the motion for a detention hearing by September 15, 2023. This is due process. It is easy to see how the process can be abused. Once the brief opposing the detention hearing is filed, the judge will have to read it, digest it, make a decision, and inform the parties of the decision. The brief is due on September 15, which is Friday. I do not expect Judge Cavan to issue a decision until Monday at the earliest. If Judge Cavan agrees with the defendant and schedules a detention hearing, it will be days later to allow for both parties to prepare.
Gabriel Metcalf will likely have been locked up in jail for a month by the time the detention hearing is re-opened.
If Judge Cavan does not agree to re-open the detention hearing, then the defendant can appeal the decision to the District Judge. That could take weeks longer.
Click the link to read the whole article: AUSA Opposes Detention Hearing
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