UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 06-mj-054-01-JM

Jeffrey C. Phillips

ORDER OF TEMPORARY DETENTION PENDING TRIAL

In accordance with Section 3142(f) of the Bail Reform Act,

18 U.S.C. §§ 3141 et seq., a hearing was conducted on June 5,

2006, for the purpose of determining whether to detain defendant,

Jeffrey C. Phillips, who has been charged with threats by mail to

injure a judge. 

Under 18 U.S.C. § 3142(b), a court, in making a

determination regarding detention, must evaluate the risk of the

defendant’s flight, the risk to the safety of any other person,

and the risk to the safety of the community. In circumstances

when detention is not mandated by the court, the court is

nonetheless empowered to impose conditions on release. 18 U.S.C.

§ 3142(c). 

Pursuant to the provisions of 18 U.S.C. § 3142(g) a court,

in assessing the risks noted in 18 U.S.C. § 3142(b), shall

consider the following: (1) the nature and circumstances of the

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offense charged; (2) the weight of the evidence as to guilt; 

(3) the history and characteristics of the accused, including

family ties, past history, financial resources and employment;

and (4) the nature and seriousness of the danger to any person or

the community that would be posed by a release.

During the course of a hearing conducted pursuant to 18

U.S.C. § 3142, the government typically retains the burden of

persuading the court that “‘no condition or combination of

conditions will reasonably assure’ the defendant’s presence at

trial.” United States v. Perez-Franco, 839 F.2d 867, 870 (1st

Cir. 1988)(quoting United States v. Palmer-Contreras, 835 F.2d

15, 17-18 (1st Cir. 1987)); United States v. Patriarca, 948 F.2d

789, 793 (1st Cir. 1991). For its part, the government is

required to offer a preponderance of the evidence to prove risk

of flight. See Patriarca, 948 F.2d at 792-93.

Here, I find that the government has temporarily met its

burden. 

I have found probable cause to believe defendant has made

threats by mail to kill or injure a state court judge. He had

been a stable, employed, church-going father and husband until

the dissolution of his marriage. He is in the throes of a

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1Defense counsel’s oral motion for the examination was

granted from the bench.

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divorce and has had temporary custody of his daughter taken from

him, his wife has a restraining order, he has served time for

violating that order, and he has received recent psychiatric

treatment. While the emotions and passions of a divorce can

frequently cause despair, violence cannot be permitted. Before

making any final bail judgment the court needs more information

of defendant’s mental state. He is detained until he has been

examined by Dr. Druktenis who is requested to report on

defendant’s mental state.1 A further hearing will be held in two

weeks. 

Accordingly, it is ORDERED that the defendant be detained

pending a further hearing in two weeks. 

The defendant is committed to the custody of the Attorney

General or his designated representative for confinement in a

corrections facility separate, to the extent practicable, from

persons awaiting or serving sentences or being held in custody

pending appeal. The defendant shall be afforded a reasonable

opportunity for private consultation with defense counsel. On

order of a court of the United States or on request of an

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attorney for the Government, the person in charge of the

corrections facility shall deliver the defendant to the United

States Marshal for the purpose of an appearance in connection

with a court proceeding.

SO ORDERED.

______________________________

James R. Muirhead

United States Magistrate Judge

Date: June 5, 2006

cc: Robert Kinsella, Esq.

Jeffrey Levin, Esq.

U.S. Marshal

U.S. Probation

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