Federal judge orders Eddie Smith jailed until trial
January 27th, 2009 | by admin |There will be no getting out of jail for Eddie Smith this time.
Edmond H. Smith IV’s frequent trips to — and, more significantly, from — jail have gained the curiosity of the local media and the frustration of law enforcement officials over the past couple of years.
Mobile County District Attorney John Tyson Jr. complained in November when a judge allowed Smith out on bail despite the fact that he went to Costa Rica in 2007 in violation of his probation.
But a federal judge this week ordered Smith locked up, pending trial on an ammunition charge.
U.S. Magistrate Judge William Cassady cited Smith’s lengthy history of skipping court hearings, making special note of the unauthorized trip to Costa Rica when a judge allowed him out of jail to seek medical treatment in New Orleans.
“Mr. Smith obviously ignores court orders until backed into a corner by having an arrest warrant issued,” Cassady wrote. “He cannot be trusted to abide by release conditions.”
Attorney Tom Haas, who started representing Smith this week after the previous defense lawyer withdrew because of nonpayment, asked Cassady on Friday for a hearing to reconsider his ruling. Haas challenged the charge against his client, which accuses Smith of illegal possession of ammunition after his conviction of a felony.
Smith pleaded guilty in February to illegal possession of a firearm after conviction on a larceny charge and got six months in jail. That six-month sentence, Haas argued, makes the offense a misdemeanor and cannot be used as the basis for the pending federal charge.
“He’s got the facts all wrong,” Haas said. “This man (Smith) is not guilty of any felony. … That’s basic law school rule.”
As for the trip to Costa Rica, Haas said, Smith went there to get medical treatment that “saved his life.”
Prosecutors contend that the February guilty plea was a felony. They said that is determined not by the sentence a defendant receives but by the maximum sentence allowed — in this case, five years.
In addition to declaring Smith a flight risk, Cassady also expressed concern about Smith’s finances.
He told pretrial services officers that his contracting company has the potential to make millions of dollars per week performing hurricane cleanup work, but he has reported no income from the firm, according to Cassady’s order.
The judge also noted that Smith, 42, reported having access to business bank accounts controlled by his mother but did not disclose his interest or the balance of those accounts.
Cassady wrote that Smith told the officer that he was attempting to buy a mansion for $5 million but offered no way for the court to verify his ability to do so.
