Greenville attorney Keith A. Williams filed the motion on behalf of Cory Jackson in federal court Monday, requesting a hearing on the motion.
“The defendant, Cory Jackson, is charged with various criminal offenses arising from a fake government sting operation,” the motion says. “He was indicted April 22, 2015, and arrested May 1.”
An initial appearance was held the same day, at which the government moved for detention.
Jackson's detention hearing occurred on May 8 in Raleigh. The court granted the government's motion.
In the statement of facts, Williams says, “The government's case is alleged to be a sham controlled substance investigation involving no real drugs. Cory was allegedly involved in criminal activity that existed nowhere other than the government's imagination. The government was free to imagine any quantity of drugs, any number of overt acts, and any length of time for the purported conspiracy. Cory is alleged to be one of the victims of the government's imagination. He is a man with a background in law enforcement whose history and characteristics gave no evidence of a predisposition to commit the crimes described in the indictment.”
The motion says evidence at the detention hearing showed Jackson was a long-time resident of Northampton County who lived with his wife, Erica. They raised two children together.
“Cory's mother, Emma Jackson, appeared at the hearing as a third party custodian. She testified that she owned her home in Northampton County, that she has no criminal convictions, and that she was willing to have Cory reside with her while his case was pending. She testified that she was a churchgoing woman who did not allow any foolishness in her house.”
Williams wrote that Ms. Jackson also testified she would abide by the court's orders and would accept the responsibility of notifying the authorities if her son violated any conditions of release. She further
testified that she is retired and home during the day, able to provide appropriate monitoring of her son as a third party custodian.
“She also testified to Cory's bravery and excellent service in law enforcement. She specifically
noted that on one occasion when Cory was serving as a bailiff, a detainee grabbed a gun from one of the other bailiffs. Cory leaped to action, seizing the detainee's arm and forcing it upward as the detainee fired the gun. Cory's actions likely saved the judge and others in the courtroom from serious injury and possibly death.”
Jackson was supported during the detention hearing by a large number of extended family members, the motion said. In addition to his wife and mother, others who attended included his brothers, Dorian Jackson and Shaka Jackson, his sisters, Jean Brooks and Barbara Jackson, along with cousins Robin Walters and niece Tenisha Campbell.
“No evidence was presented of Cory having any mental health or substance abuse problems,” Williams wrote. “Further, no evidence was presented of Cory having failed to appear in court in any past matters. The Magistrate Judge found Cory rebutted the presumption of detention.”
Williams contends the government called one witness, an agent involved in the investigation to a limited degree. “On cross-examination, she was unable to supply answers to many of the questions of defense counsel. She relayed the findings and conclusions of others but testified to the limited extent of her personal knowledge of the case. Nevertheless, the Magistrate found sufficient cause for detention.”
The motion says that pretrial detention of Jackson and his codefendants is an expensive and unnecessary proposition. “They are former law enforcement officers scattered in jails throughout North Carolina and Virginia, apparently because no one jail can accommodate all of them. They are cut off from counsel except as counsel are able to travel and meet with them in the jails. The Marshals Service is burdened with paying for room, board, and transport while the case is pending.”
Jackson, the motion said, has a long and demonstrated history of ties to the community, with no history of flight.
Because he is represented by a Criminal Justice Act attorney, Jackson has, the motion says, shown under oath a lack of financial resources and, therefore, a lack of ability to flee. “The government presented no evidence at the detention hearing that Cory expressed any interest in leaving the area during its long, imagined criminal conspiracy.”
Williams wrote, “The nature and circumstances of the offense show this to be a sting operation with no real drugs. The weight of the evidence cannot be honestly assessed because the government has not yet provided discovery and because the government failed to call at the detention hearing any witness with thorough knowledge of the investigation. Cory's history and characteristics give no indication that he would flee or otherwise fail to comply with conditions of release. He has rebutted the presumption of detention and should be released upon conditions found appropriate by the court.”
