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Emily D. Swoboda

Kaplan Heads to US Court of Appeals

16 October 2007

After two attempts at having his detention order lifted in district court, BetonSports founder Gary Kaplan is going to plead his case at the U.S. Court of Appeals, according to court documents filed on Friday.

On Sept. 5, Kaplan's lawyers presented a plan U.S. District Court Judge Carol Jackson that would see Kaplan himself finance a private security firm to survey his private St. Louis, Mo.-based residence 24 hours a day. His home would be under live surveillance, by way of trained police officers stationed at all times, and electronic surveillance.

But Jackson ruled on Sept. 28 that Kaplan poses far too great a flight risk to be released on house arrest.

Under 18 USC Section 3145 (c), Kaplan has the right to have his argument for release heard by the Court of Appeals.

(c)Appeal From a Release or Detention Order. - An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order, is governed by the provisions of section 1291 of title 28 and section 3731 of this title. The appeal shall be determined promptly. A person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons why such person's detention would not be appropriate.

On the other hand, in order to be granted release by a Court of Appeals judge, Kaplan must present reasonable conditions for release, which so far he has been unable to demonstrate.

No hearing date has been set with the Court of Appeals.

IGN was unable to reach any of Kaplan's lawyers.

Kaplan Heads to US Court of Appeals is republished from
Emily D. Swoboda
Emily D. Swoboda