DONALD C. RANDOLPH, ESQ., California State Bar Number: 62468 RANDOLPH & LEVANAS A Professional Corporation 1717 Fourth Street, Third Floor Santa Monica, California 90401-3319 Telephone: 310/395-7900 Attorneys for Defendant KEVIN DAVID MITNICK UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. KEVIN DAVID MITNICK, et. al, Defendants. CASE NO. CR 96-881-MRP EX PARTE APPLICATION FOR TEMPORARY RELEASE TIME: DATE: [NO HEARING REQUESTED] PLACE: Defendant, KEVIN DAVID MITNICK, by and through his attorney of record, Donald C. Randolph, hereby brings this Ex Parte Application for Temporary Release pursuant to 18 U.S.C. § 3142(i). Mr. Mitnick respectfully requests this furlough for the purpose of attending proceedings in the matter of People v. Kevin Mitnick, LA015363, currently pending before Superior Court for the County of Los Angeles. /// /// /// /// Good cause for this application is detailed in the attached Memorandum of Points and Authorities, the declaration of Mr. Mitch Leventhal, and the declaration of Gregory L. Vinson. Government counsel is opposed to the relief herein requested. DATED: June 28, 1999 Respectfully submitted, RANDOLPH & LEVANAS BY: ________________________ Donald C. Randolph Attorneys for Defendant KEVIN DAVID MITNICK MEMORANDUM OF POINTS AND AUTHORITIES 18 U.S.C. § 3142(i) provides that the Court may permit the temporary release of a defendant who is ordered detained "to the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason." As detailed below, compelling reasons for allowing Mr. Mitnick temporary release from federal custody exist. Mr. Mitnick currently has a Motion to Reduce Bail pending in his case before the Superior Court for the County of Los Angeles. Exhibit A. A hearing on the motion is currently scheduled for July 7, 1999 at 9 a.m.. The resolution of this motion may have a serious impact on his liberty interests. Based upon the sentence provided for in the plea agreement accepted by this Court, and the provisions of 18 U.S.C. § 3624(c), Mr. Mitnick will be eligible for community or home confinement as early as August, 19 99. However, Mr. Mitnick will not be available for community or home confinement in this matter unless the detainer imposed due to his pending state case is lifted. Bail in the state case is currently set at $1,000,000.00. Mr. Mitnick seeks leave of this Court to appear before the State Court in order to seek a reasonable reduction in bail. Upon posting bail, the detainer against him will be lifted. Mr. Mitnick respectfully requests that the Court grant him a 24-hour furlough in order to attend these proceedings before Los Angeles Superior Court.1 In the alternative, Mr. Mitnick requests that the Court order him released upon execution of an unjustified property bond.2 As a third alternative, Mr. Mitnick requests that the Court order him released in the custody of the United States Marshal Service in order to attend the state court proceedings. 1. Mr. Mitnick is Not Likely To Flee. Due to the extended length of his pretrial detention, Mr. Mitnick has already over 90% of the sentence called for pursuant to the plea agreement.3 Comparing the serious consequences which would result from fleeing, with the relatively short period of time remaining under his sentence, there is little incentive for Mr. Mitnick to abscond. Additional assurances to his appearance before this Court are available through execution of a property bond and custodial supervision by Mr. Mitch Leventhal, a license d bail agent with over fifteen years experience. This Court can further assure Mr. Mitnick's appearance by releasing Mr. Mitnick to the custody of the U.S. Marshal Service. However, the costs of this option are significant and are likely beyond Mr. Mitnick's resources.4 2. Mr. Mitnick Will Not Pose a Danger to the Safety of the Community. This Court can allay any concern that Mr. Mitnick might pose a danger to the safety of the community by conditioning his temporary release upon a requirement that he abide by the conditions of supervised release to which he will be subject upon his release from custody. Supervision by those into whose custody Mr. Mitnick is released will further ensure the that he does not pose any threat to the safety of another, or to the community. For all the foregoing reasons, Mr. Mitnick respectfully requests that he be temporarily released for 24 hours for the sole purpose of attending proceedings before Superior Court for the County of Los Angeles. DATED: June 28, 1999 Respectfully submitted, RANDOLPH & LEVANAS BY: __________________________ Donald C. Randolph Attorneys for Defendant KEVIN DAVID MITNICK DECLARATION OF GREGORY L. VINSON I, Gregory L. Vinson, declare as follows, 1. I am an attorney at law, a member in good standing of the Bar of this Court, and an associate in the law firm Randolph & Levanas, counsel of record for defendant Kevin David Mitnick in the above-captioned case. 2. I am informed and believe that Mr. Mitnick's mother, Ms. Rochelle Jaffe, and his grandmother, Ms. Reba Vartainian, are both willing to execute unjustified property bonds in order to assure Mr. Mitnick's appearance before this Court and his return to federal custody following proceedings before Superior Court for the County of Los Angeles. 3. On June 28, 1999, I spoke to Assistant United States Attorney Christopher Painter who stated he was opposed to the relief herein requested. I swear under penalty of perjury that the foregoing is true and correct. Executed this 28th day of June, 1999, at Santa Monica, California. ________________________ Gregory L. Vinson 1 As evidenced in his declaration, attached hereto, Mr. Mitch Leventhal, a licensed bail agent, has agreed to act as Mr. Mitnick's custodian should the Court grant this request. 2 Both Mr. Mitnick's mother and grandmother are willing to sign an unjustified appearance bond with property for this purpose. See, Declaration of Gregory L. Vinson, attached. 3 The release date for the agreed-upon sentence is January 21, 2000, including good time credits. 4 Generally, inmates released to the custody of the U.S. Marshal Service are responsible for reimbursing the government's costs associated with the custodial supervision.