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[QUOTE]Originally posted by Jay: [QB] Speaking on behalf of the defense, but not ofically part of the defense team...I submit an [i]amicus curiae[/i] brief. If it please the court, Mr. Capps has not had not had yet been indicted offically. Nor has the District Attorney's Office filed the any specifics relating to the charges leading to the arrest and detainment of Mr. Capps. This is, as I take it, a preliminary hearing taking note of whether Mr. Capps is to be bound over for trial. I would also take the time to remind the Court that as an American citizen, Mr. Capps has right and immunities layed out in the 5th Amendment to the Constitution of the United States and justice demands that Mr. Capps be allowed a full and equal hearing which would include a and specific indictement by the prosecution. To elimiate bail at this point in the proceeding is prejudical against Mr. Capps as he is entitled to consideration under the 8th Amendment to the Constitution of the United States: [QUOTE]Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted[/QUOTE] Revocation bail at this time would be outside the bounds of an impartial hearing by this Court. Mr. Capps has been arrested and has apparently had a bail hearing subsequent to his release from jail on bond. Mr. Capps is represented by council which should be adequate at this point in the proceedings. His presence not having been specifically called for by the Court, Mr. Capps need not appear before Court on this matter at this time. Should the Court find for a reconsideration of bail, we would remind the Court of Mr. Capp's status as a leading citizen of the the Seattle area and of the fact that there have been no appempts made to flee from the jurisdiction of this Court. He is quite simply a productive member of society and not a flight risk. I thank the Court for its time and consideration. [/QB][/QUOTE]
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