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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-20340-CR-WILLIAMS(s)

UNITED STATES OF AMERICA,

vs. 

MASPHAL KRY,

 Defendant.

_________________________________/ 

RESPONSE IN OPPOSITION TO SUPPLEMENTAL

MOTION TO MODIFY CONDITIONS OF RELEASE

The United States of America hereby responds in opposition to defendant’s most recent 

Motion To Modify Conditions of Release [D.E.-156], which seeks to alter the conditions which 

this Honorable Court previously determined were appropriate to insure the availability of the 

defendant at trial. See D.E.-38, 45.

BACKGROUND

The United States incorporates by reference herein the Background portion of its Response 

to defendant Kry’s Motion To Modify Conditions of Release, D.E.-14, which appear in D.E.-142. 

This Honorable Court denied defendant’s initial Motion [D.E-150] but offered the defendant 

the opportunity to supplement the request with further details and information. Per the prior Orders 

of Court, see id., defendant is fitted with a GPS monitor which provides an alert to the Probation 

Office should defendant depart the incarceration location other than at pre-arranged times. It is not 

actively monitored during those authorized absences. 

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DISCUSSION

Defendant’s supplemental information consists of identifying a public park near his place of 

home confinement and paring down his “ask” to three one-hour unaccompanied walks to, through 

and back from the park in Springfield, Virginia to the residence he chose for purposes of pre-trial 

release. His sole argument to justify the alteration of this Honorable Court’s previous conditions of 

release is that he has heretofore abided by those conditions. The mere passage of time does not in the 

government’s view suggest that this Honorable Court’s determination of the necessary conditions, 

as reflected in D.E.-45, aren’t as valid now as when first ordered. Trial in this matter is, as trial 

preparations go, a scant 8 weeks away. 

There are no materially changed circumstances cited by defendant to warrant altering what 

has, to date, successfully insured his availability for trail, as contemplated by the standards set forth 

in Title 18, United States Code, Section 3142. It is uncontested that Defendant is a foreign national 

with almost non-existent connections to the United States; all significant elements of his life are 

centered in Cambodia; and upon flight, he could not be extradited from his home country. 

Counsel has conferred to the extent possible with the responsible Probation Officers assigned 

to this matter, although one was unreachable on annual leave. Neither oppose the Motion as modified, 

although it has been conceded that during the proposed absences, there would be no active 

monitoring of the GPS ankle bracelet. The Probation Officers did note that any modification of the 

current conditions of release to include unsupervised walks as proposed, should be conditioned on 

no deviations for stops en route without prior approval, e.g., no convenience stores, gas stations, 

shops, buildings, transportation centers, etc.

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CONCLUSION

 Based upon the foregoing, the United States respectfully submits that defendant’s 

supplemental effort to modify his conditions of release should be denied. 

Respectfully submitted,

 MARKENZY LAPOINTE

 UNITED STATES ATTORNEY

By: /s/ Thomas A. Watts-FitzGerald 

Assistant United States Attorney

Florida Bar No. 0273538 

99 Northeast 4th Street 

Miami, Florida 33132-2111 

Tel: (305) 961-9413 

By: /s/ Emily R. Stone 

Assistant United States Attorney

Florida Bar No. 92077 

99 Northeast 4th Street 

Miami, Florida 33132-2111 

Tel. 305-961-9407

CERTIFICATE OF SERVICE

 I hereby certify that on July 31st , 2023 I electronically filed the foregoing with the 

Clerk of the Court using CM/ECF. 

 By: /s/ Thomas A. Watts-FitzGerald 

 Assistant United States Attorney

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