Spencer v. Scutt

Filing 29

ORDER granting 26 Motion for Bond. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FREDERICK TED SPENCER,
Petitioner,

Case No. 09-13362

v.

Honorable Patrick J. Duggan

DEBRA SCUTT,
Respondent.
/
ORDER GRANTING PETITIONER’S MOTION TO SET BAIL
Petitioner Frederick Spencer (“Petitioner”) is serving a life sentence for
felony murder and a two to ten year sentence for arson of a dwelling house and
preparation to burn property over $20,000 in connection with a fire at his home in
Shepherd, Michigan on January 30, 2000. In 2009, Petitioner timely sought a writ
of habeas corpus pursuant to 28 U.S.C. § 2254, which this Court granted in an
Opinion and Order dated February 6, 2013. On April 22, 2013, Petitioner filed a
motion to set bail seeking to be released pending Respondent’s appeal of this
Court’s February 6, 2013 Opinion and Order conditionally granting a writ of
habeas corpus. In an Opinion entered on this date, the Court determined that
Petitioner is entitled to release pending appeal.
Accordingly,

Petitioner’s Motion to Set Bail, (ECF No. 26), and his concomitant request
for release bond pending appeal, is GRANTED. Petitioner shall be released on a
$10,000 unsecured bond with conditions to report as directed to Pretrial Services in
the Western District of Michigan, restrict travel to the State of Michigan unless
prior approval is given by Pretrial Services, consume no alcohol, submit to alcohol
testing as directed by Pretrial Services, reside with sister, Coreen Spencer, at the
address provided to Pretrial Services, participate in mental health treatment as
directed by Pretrial Services, and refrain from any contact with victim’s family or
witnesses.
IT IS SO ORDERED.

Date: September 25, 2013
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
David A. Moran
Imran J. Syed
Sarah C. Zearfoss
Linus R. Banghart-Linn

2