PAGE 1 – DECLARATION OF COUNSEL SUPPORTING MOTION 

FOR MODIFICATION OF RELEASE CONDITIONS – REMOVAL 

OF LOCATION MONITORING AND HOME DETENTION 

h:\kjar, wesley - 1285\motion to modify conditions of release - ankle bracelet removal - supporting 

declaration.docx 5/17/2016 

James F. Halley, P.C. 

Attorney At Law 

The Strowbridge Bldg.  735 S.W. First Ave., 2d. Floor 

Portland, OR 97204-3326 

Tel: (503) 295-0301 Fax: (503) 228-6551 

jimhalley@halleylaw.com

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 vs. 

WESLEY KJAR, 

 Defendant 

No 3:16-cr-00051-18-BR 

DECLARATION OF COUNSEL 

SUPPORTING MOTION FOR 

MODIFICATION OF RELEASE 

CONDITIONS – REMOVAL OF 

LOCATION MONITORING AND HOME 

DETENTION 

[18 U.S.C. §3142(c)(3)] 

 I, James F. Halley, do declare under penalty of perjury under the laws of the 

United States that the following is true and correct: 

 1. I am a member of the Oregon State Bar and I am counsel for defendant 

Wesley Kjar. I make this declaration in support of defendant Kjar’s Motion For 

Modification Of Release Conditions – Removal Of Location Monitoring And Home 

Detention. 

 2. At a release hearing held on March 2, 2016, when Mr. Kjar was under charge 

in United States v. Wesley Kjar, 3:16-cr-00064-02-JO, the Honorable Stacie F. 

Beckerman ordered his release subject to conditions. Those conditions included a 

requirement that he submit to location monitoring by wearing an active GPS ankle 

bracelet monitor and abide by a home detention schedule. CR 64 in case no. 3:16-cr00064-02-JO. The release order was modified on March 4, 2016 by the filing of 

James F. Halley, OSB 91175 

JAMES F. HALLEY, P.C. 

The Strowbridge Building 

735 SW First Ave., 2nd Floor 

Portland, OR 97204 

503/295-0301; 503/228-6551 (fax) 

jimhalley@halleylaw.com

Attorney for Defendant Wesley Kjar 

Case 3:16-cr-00051-BR Document 580 Filed 05/17/16 Page 1 of 3
PAGE 2 – DECLARATION OF COUNSEL SUPPORTING MOTION 

FOR MODIFICATION OF RELEASE CONDITIONS – REMOVAL 

OF LOCATION MONITORING AND HOME DETENTION 

h:\kjar, wesley - 1285\motion to modify conditions of release - ankle bracelet removal - supporting 

declaration.docx 5/17/2016 

James F. Halley, P.C. 

Attorney At Law 

The Strowbridge Bldg.  735 S.W. First Ave., 2d. Floor 

Portland, OR 97204-3326 

Tel: (503) 295-0301 Fax: (503) 228-6551 

jimhalley@halleylaw.com

defendant’s signed acknowledgement. The modification did not change the location 

monitoring and home detention conditions. CR 67 in case no. 3:16-cr-00064-02-JO. 

 3. The charges against Mr. Kjar in case no. 3:16-cr-00064-02-JO have been 

dismissed (CR 87 in case no. 3:16-cr-00064-02-JO), and he has been re-indicted in this 

case, no. 3:16-cr-00051-18-BR. By way of an order issued on March 9, 2016, the court 

ordered that all orders issued in the 3:16-cr-00064-JO case are deemed part of the 

record in this case. CR 285. 

 4. Following his release from custody, Mr. Kjar returned to Utah and resumed 

working. Initially he worked for a mining company. He recently changed jobs and now 

works in the construction industry installing rain gutters. 

 5. I ask that the court modify his release conditions to remove the location 

monitoring condition (including the home detention component) for the following 

reasons. First, he has performed all of the conditions imposed on him without trouble. 

Second, the location monitoring condition interferes with his current work installing rain 

gutters. The work requires that he climb ladders, crouch on the eaves of buildings, and 

otherwise move around construction sites. The ankle bracelet interferes with his 

mobility – sometimes in a way that is inconvenient or painful, and other times in ways 

that present some risk of tripping or falling. In addition, the job sites are often located a 

distance from his home, and sometimes he has difficulty completing the jobs in time to 

get home in accordance with the home detention schedule. When that happens, he has 

to travel a second time to the job site the next day to complete a small portion of the job, 

losing productive hours in the process. 

 6. I have exchanged emails with AUSA Craig Gabriel about this motion and 

understand from him that the prosecution takes no position on it. 

 7. I have spoken with PTS Officer Mike McFarland and understand from him that 

the PTS Office does not oppose it. 

Date: May 17, 2016 /s James F. Halley 

 JAMES F. HALLEY, OSB 91175 

Case 3:16-cr-00051-BR Document 580 Filed 05/17/16 Page 2 of 3
PAGE 3 – DECLARATION OF COUNSEL SUPPORTING MOTION 

FOR MODIFICATION OF RELEASE CONDITIONS – REMOVAL 

OF LOCATION MONITORING AND HOME DETENTION 

h:\kjar, wesley - 1285\motion to modify conditions of release - ankle bracelet removal - supporting 

declaration.docx 5/17/2016 

James F. Halley, P.C. 

Attorney At Law 

The Strowbridge Bldg.  735 S.W. First Ave., 2d. Floor 

Portland, OR 97204-3326 

Tel: (503) 295-0301 Fax: (503) 228-6551 

jimhalley@halleylaw.com

CERTIFICATE OF SERVICE 

 I hereby certify that on May 17, 2016, I served the attached DECLARATION OF 

COUNSEL SUPPORTING MOTION FOR MODIFICATION OF RELEASE 

CONDITIONS – REMOVAL OF LOCATION MONITORING AND HOME DETENTION 

[18 U.S.C. §3142(c)(3)] on: 

Ethan Knight 

Geoffrey Barrow 

Craig Gabriel 

Assistant United States Attorneys 

1000 SW Third Ave, 6th Floor 

Portland, OR 97204 

 by ___ having deposited in the United States Mail at Portland, Oregon a full, true 

and correct copy in a sealed envelope with postage prepaid, addressed as shown 

above, the last known address for the addressees listed; 

 by ___ having hand delivered to the attorneys shown above a full, true, and 

correct copy of the original. 

 by  electronic filing. 

 /s James F. Halley 

 James F. Halley, OSB #91175 

 The foregoing is a true, correct and complete copy of the original. 

 _______________________________ 

 James F. Halley, OSB #91175 

Case 3:16-cr-00051-BR Document 580 Filed 05/17/16 Page 3 of 3