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Daniel Smith July Update (StandByDaniel) (07-10-2017) 10 Jul 2017 20:53 #56022
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Daniel Smith | July Update
July 10th, 2017 Was Daniel Released On Bail? Far from it as the Furious Judge Won’t Budge, Scoffs at and Delays the Order of the 9th Circuit Appellate Court and even Casts a Veiled Threat at Daniel. Last Month we were encouraged that on April 24, 2017 Judges from the 9th Circuit Appellate Court in San Francisco had ordered the Trial Judge to consider setting Daniel free on bail while he awaited the outcome of his appeal. Established case law required the Judge had to make a prompt determination. When she received the order from the higher court in April she stated she’d rule on it on May 26th. Did she? NO SHE DID NOT KEEP HER WORD. Even though she had all the attorney’s paperwork in hand weeks before May 26th she did not rule. This caused Daniel’s attorney to file two more motions to either set Daniel free now or post her decision. This prodded her into action. She waited until June 29th to render her fiery assault-like denial. After all, she declares, Daniel is truly a flight risk and a danger to others if she released him. Two intriguing comments in her Denial are at least disappointing...if not even fearsome. (1) She was not impressed that Daniel, now in his 3rd year in prison, has a perfect record with the Bureau of Prisons (BOP) even to being selected as a town-driver chauffer-type person** who freely comes and goes wherever the BOP sends him. She doesn’t see this as proof that he won’t flee if released on bail. (2) When discussing Daniel’s trial and sentencing she infers that she regrets not having issued a more lengthy sentence. Is this a veiled threat about any future dealings for Daniel in her court? **At the time this update is being written Daniel has made more than 70 town-driver trips throughout the greater Seattle/Tacoma area. Does this sound like he’s a flight-risk to you? What is the current status of Daniel and the Appellate Court’s 2 Rulings? Ruling 1: Since the Trial Judge refused to release Daniel on bail his attorney filed an emergency motion the next day (June 30, 2017) to the Appellate Court asking them to immediately free him since the trial judge failed to make the required prompt determination. Ruling 2: The Appellate Court decided to focus attention on Daniel’s appeal. They have ordered the attorneys to verbally argue his appeal in Seattle (not San Francisco) on August 31, 2017. This rare occurrence obviously evidences the seriousness with which they feel about his case. I am thankful that his appeal finally has a set date...and it’s less than 2 months from now { Today, July 10, 2017, Daniel is in his 3rd year in prison. He has been jailed for 775 days after not being allowed to even put on a defense which is every American’s Constitutional right. Isn't it????? } Back at Sea-Tac Federal Detention Center In spite of the trial Judge’s refusal to release him Daniel’s spirit offers: "Yet, by some grace of the Divine Architect, I feel as prepared today for a miscarriage in justice, as I do that victorious triumph many have seen and we all so desperately hope for. Either way, the Greater WILL will be done, for it always is. Therefore, the only prayer can be that our hearts be strong and courageous enough to graciously accept whatever is to be." The Bureau of Prisons continues to trust Daniel to leave the prison and transport inmates to various appointments. This honor of driving freely outside of the prison is only given to one other inmate. 70+ times Daniel’s driven far beyond prison walls and always returns faithfully demonstrating he is not a flight risk. Just from me Please accept my very personal sentiment to you from a Dad who is weary of seeing my Son so mistreated. May I tenderly say to you that I'm sorry for my moments of being downhearted, bewildered and worried. I think now I better understand the agony of the Father 2,000 years ago whose only Son was even far more horribly mistreated. Thank You for always being there with tender encouragements for me. Thank you even more for how you've shown your love and support for Daniel and his family. Help is needed... If you can send just a small donation at this particularly tough time it could really make a big difference. Any assistance can best be sent through PayPal’s Send Money. When PayPal asks for the email to which your donation is to be sent, simply type (copy & paste does not work) in either one of the two addresses below. This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. { Note: Either email address goes to the same account for Daniel. } Some find it even simpler just to click on the PayPal icon here: 
If you prefer to send your Donation conventionally: USPS, UPS, FedEx, etc. please send it to: Larry Smith 9208 NE Highway 99, Suite 107-165 Vancouver, WA 98665-8986 Please Note: It is not possible for Daniel to have his own bank account while in prison ~ that’s why, I his father, receive it for him. To be deposited for Daniel’s and his family’s use it needs to be made out to Larry Smith. Thank You For Caring Larry Smith Daniel’s Father www.standbydaniel.com • Make a habit of two things:
to help; or at least to do no harm. • Walking is man's best medicine. • Everything in excess is opposed to nature. -Hippocrates, Father of Western medicine |
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