Jimmy Pair Jr. — Detention hearing set Tuesday
In his memo for pre-trial release, Neil Morrison, the attorney for Jimmy Pair Jr., says his client's health and medical condition has deteriorated since his “solitary confinement in his isolation cell from April 30, 2015, to the date of the filing of this motion.”
The document says he suffers from high blood pressure; spine, neck, wrist, back, and shoulder pain; sinus issues; and circulation concerns.
“First, Mr. Pair’s high blood pressure has gotten considerably worse during incarceration.
Mr. Pair advised his most recent blood pressure reading was in excess of 160/100,” the memo to the court says. “He is on medication to treat the high blood pressure, but even with the medication, his high blood pressure has only worsened. Mr. Pair made the undersigned aware this past week that recently he was without his high blood pressure medication for nearly one week because (the Pitt County Detention Center) failed to renew his medication in a timely fashion. In essence, (the detention center) allowed Mr. Pair’s medication to run out before reordering. Each and every day he asked the medical technician about the status of his high blood pressure medication. Each and every day he was told his medication was on back order. Mr. Pair spent most of that week bed-ridden because he felt so poorly and was concerned about his health.”
The memo also speaks to a motorcycle crash Pair had in May of 2000, “which nearly ended his life.”
“Had it not been for his helmet, he would have died. As a result of this accident, Mr. Pair has myriad health issues, all of which are exacerbated by his incarceration. Mr. Pair has spine, neck, wrist, back and shoulder pain from the accident. Mr. Pair advised that multiple vertebrae shifted and fragmented due to the accident and cause significant pain to his spine. The discomfort caused by this shifting and fragmenting vertebrae is exacerbated by his current confinement conditions. Mr. Pair takes pain medication regularly for his spine and neck pain.”
Pair’s wrist was nearly destroyed as a part of the crash and his physician first advised him he may lose his hand. “Ultimately, his physician saved his hand, but told him his wrist would eventually have to fused to that hand so that he could still retain some use and movement. Mr. Pair takes pain medication regularly for his wrist pain.”
Pair has a bulging disc that radiates substantial pain in his lower back and muscle inflammation in his shoulder that requires a cortisone shot every three to four months. “With respect to his spine, neck, wrist, lower back, and shoulder pain, the minute size of his solitary cell, when combined with the foam mattress operating as a bed, has only made all of the above-cited health concerns arising from his motorcycle accident that much worse,” the document says.
Pair has taken sinus medication for the past three decades. “He struggles to breathe if he does not take a medicated spray every day. As with his high blood pressure medication, PCDC allowed Mr. Pair’s sinus medication to run out without reordering. Here, however, Mr. Pair waited nearly three weeks until the medicated spray finally arrived. In fact, Mr. Pair filed a grievance on August 5, 2015, arguing he had trouble breathing without the spray and asking for his medication. PCDC’s response was to claim that the pharmacy was out of stock and such a delay was beyond their control. However, as described above, PCDC never attempted to reorder a medication taken daily by Mr. Pair (and which he had taken daily for more than two months) until the point it had run out.”
Lastly, Morrison writes Pair has circulation concerns. “Mr. Pair measured his isolation cell by footsteps. From the point where he stands up from the bed to the door of his cell, he can walk four steps, back to back, before his nose touches the door. On the wall of the isolation cell opposite his bed, he can walk only three steps, back to back, from wall to wall.”
Other than hour per day, he is confined to this isolation cell for the other 23 hours. “Mr. Pair’s ability to exercise and maintain (or) improve his circulation in such a small space is severely restricted and limited. Under the current confinement conditions imposed, this situation will not change and Mr. Pair’s circulation problems will not improve. Mr. Pair respectfully requests this Court release him on conditions it deems just and proper.”
Antonio Tillmon — Detention hearing set Wednesday
Jason A. Brenner, attorney for Tillmon, says his client is being held in the New Hanover County Jail in Wilmington.
“This is at least a two hour trip from Oriental or Raleigh, North Carolina. A very detailed protective order is in force in this case that requires that any review of audiovisual discovery in this case take place in person, face to face with the defendant,” the attorney wrote in his memo. “Thus counsel, or legal staff, must be present the entire time Mr. Tillmon reviews any audiovisual discovery in this case. Counsel did not oppose this order as there appear legitimate interests in protecting informants and identities in this case.”
Brenner says there are hundreds of hours of audiovisual discovery in this case. “This case is by far the most discovery demanding of any federal appointed case in counsel and his firm’s experience. This includes a total of thirteen Adam Walsh Act cases, complex methamphetamine and other drug conspiracies and a Medicaid fraud case before this Honorable Court.”
Brenner says he has only been able to schedule one or two hour case review sessions at New Hanover County Jail. “The New Hanover County Jail staff, while pleasant and professional, has cancelled or delivered Mr. Tillmon to appointments late on multiple occasions. It has been extremely burdensome to schedule appointments for a variety of reasons including the jail staff not responding to counsel’s case manager’s message and the need to schedule meetings at the jail days in advance.”
While attorneys may use the attorney visitation rooms to meet with clients, interns, externs, clerks and others cannot use these rooms and must be in general visitation rooms with glass partitions. “This precludes audiovisual discovery without an attorney being actually present. Each time counsel has met with Mr. Tillmon, two guards have watched over the meeting right outside the glass paneled room. This has been unique in counsel’s federal criminal case experiences in our district, including many visits to Pamlico, Pitt, Albemarle, Edgecombe, and other detention centers as well as FCI-Butner.”
Brenner argues it will be close to impossible to complete a review of the audiovisual discovery with Tillmon in a sufficient way to account for the seriousness of the case — a 40-year mandatory minimum sentence — in the foreseeable future under the current conditions. “Setting aside discovery review, there will be extraordinary challenges in trial preparation including meeting with expert witnesses and preparing visual aids and other trial materials under confinement.”
Co-defendant Cory Jackson, who is also being held at New Hanover County Jail, has obtained an affidavit from the jailer concerning the conditions of confinement, Brenner said. “Counsel has attached a copy of that affidavit, showing that these defendants are being held by themselves, in small cells, with little access outside of their cells because of security concerns. Mr. Tillmon hast lost close to 40 pounds since the inception of this case in detention.”
Brenner will argue for the court to release Tillmon to strict house arrest so counsel can schedule a series of six- to eight-hour focused sessions with him in home confinement to review the discovery and the case. “The stakes in this matter are very high and Mr. Tillmon must have a sufficient understanding of the case against him in order to proceed,” Brenner wrote.
Jackson — Detention hearing set Tuesday
Keith Williams, who is representing Jackson, says his client is being held in solitary confinement in an 8-by-15 room. “He is released 1.5 hours every other day, meaning he is held for 70.5 hours and released for 1.5. Release is into a day room where he can shower and make phone calls but otherwise have no contact with anyone.
“He is in solitary 'for his own safety,' meaning the jail is concerned he would be attacked by other inmates because he is a former law enforcement officer.”
Williams quotes John McCain from Faith of My Fathers in the document, saying, "It's an awful thing, solitary. It crushes your spirit and weakens your resistance more effectively than any other form of mistreatment."
Jackson has been held in solitary since May 8. “He has lost 17 pounds and developed high blood pressure. When first arrested, his blood pressure was 152/100 and noted as normal.”
Since that time it has increased to 185/96 on May 18; 198/102 on May 26, and 180/100 on June 30, which is stage II hypertension, Williams says. “Stage II is the more severe form of high blood pressure, when the first number is 160 or higher.”
Williams speaks to Jackson's actions on July 12, 2006, when he and the late Deputy Joe Magee overpowered a murder suspect who had grabbed a gun from a bailiff. “Cory’s background is shown in part by a portion of the United States Congressional Record from September 7, 2006. Cory was commended for his bravery … Cory is also a person with strong ties to the community and a solid support system, as shown by the character letters attached. He is no danger to the community or risk of flight. Any lingering concerns could be addressed by placing him on electronic monitoring, which is available through the United States Pretrial Services Office.”
Williams argues, “Local jails are simply not equipped to handle people in this situation in a humane manner. Cory asks that the court order release on conditions the court deems appropriate.”
