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Full-text: September 16 2003
Protest zones: “No War for Oil” (October 24 2002)

United States District Court for the District of South Carolina Columbia Division

 

	)
United States of America	)
)
vs.	)
)
Brett Bursey	)
	)

Motion to Modify Bond

Brett Bursey hereby moves the Court to modify his Appearance Bond filed April 1, 2003 by removing all “Additional Conditions of Release.”

In support of this motion Mr. Bursey states:

1.  His criminal records reflect convictions in Richland County in 1970 of Malicious Injury to Real Property, Malicious Injury to Personal Property, Conspiracy, and Malicious Injury to Real Property (2) stemming from anti-war protests at the Draft Board in Columbia, SC. However, Mr. Bursey was granted a full Pardon on all of these offenses by the South Carolina Parole and {p.2} Community Corrections Board effective August 12, 1981. Because of this Pardon Mr. Bursey is “absolved from all legal consequences of his crime and conviction, and all his civil rights are restored.” See Certificate of Pardon attached.

2.  His criminal records reflect that in the early 1970’s Mr. Bursey was convicted before the US District Court for the Southern District of Texas of possession of peyote with intent to distribute. However, this conviction was fully reversed due to a finding by the Fifth Circuit Court of Appeals that the search yielding the contraband was in violation of the Fourth Amendment to the US Constitution. See U.S. v. Bursey and Elliot, 491 F.2d 531 (1974).

3.  His criminal records reflect a federal arrest in Columbia, SC in approximately 1981 for being in possession of a firearm after having been convicted of a crime which carries a punishment of more than one year. However, this case was nolle prossed or otherwise dismissed in approximately 1981 before trial by the US Attorney’s Office located in Columbia, SC. Mr. John Barton is familiar with this dismissal, has known about this {p.3} dismissal since it happened, and does not now contest this fact.

4.  Mr. Bursey is not a risk for flight or failure to appear and is not a danger to the community. Other criminal convictions appearing on his record are related to acts of civil disobedience for which he responded to all court process and are not cause for “additional conditions” to be added to his Appearance Bond which currently sets an unsecured bond of $10,000.

Wherefore, Mr. Bursey moves this Court to set a telephone hearing on this matter as soon possible if this matter cannot be resolved by agreement with the US Attorney resulting in a Consent Order.

Respectfully submitted this 16th day of September 2003.

{p.3}

______________________

Certificate of Service

I hereby certify that I served a copy of the above Motion to Modify Bond on Assistant USA John Barton by hand delivering a copy to his office on September 16th 2003.

 

This document is not copyrighted and may be freely copied.

Charles Judson Harwood Jr.

Posted Jan. 2 2004. Updated June 29 2008.

http://homepage.ntlworld.com/jksonc/docs/bursey-dsc-d48.html