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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA

UNITED STATES OF AMERICA, Plaintiff, v. SCOTT RYAN DEMUTH, Defendant.

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Criminal No. 3:09-cr-117

MOTION FOR EMERGENCY STAY OF RELEASE ORDER

The United States Attorney for the Southern District of Iowa, by and through Assistant United States Attorney Clifford R. Cronk III requests that the Court, upon its authority and pursuant to Title 18, United States Code, Section 3145(a)(1), stay its Order of release of the defendant pending review by the District Court. In support of this motion, the undersigned states the following: 1. On November 18, 2009, the grand jury returned an indictment against the defendant charging him with conspiracy to commit animal enterprise terrorism in violation of 18 U.S.,C. 43. This offense is a crime of violence. Therefore, pursuant to 18 U.S.C. 3142, there exists a rebuttable presumption that the defendant poses a danger to others and the community and a risk of non-appearance. 2. Evidence presented at the detention hearing established that the defendant poses a danger to the community and a risk of non-appearance. The evidence demonstrated that Defendant is and has been an anarchist engaged in anti-government activities, he is a part of the movement identified as the Animal Liberation Front

which is a subversive group that engages in and encourages direct, illegal, and violent actions against those it opposes and protects its members and associates from apprehension and prosecution. Moreover, it was shown that Defendant has expressed a willingness to go underground. Additional evidence established that, recently, the defendant defied an order of the district court to provide information and evidence to the federal grand jury. 3. At the detention hearing, the defendant offered no rebuttal to the governments evidence. For instance, the defendant did not deny that he is an anarchist. He did not deny involvement with ALF. He did not assure the court personally that he would abide by conditions of release. Instead, the defendant proffered that there were individuals present in the court who supported the defendant and that the conditions listed in the Pre-trial Services Report were sufficient to protect the courts interests in protecting others and assuring Defendants appearance in court. The government responded that earlier in the week two of the individuals identified had called the United States Attorneys Office in support of the defendant and suggested to the United States Attorneys Office that it should release the defendant from his obligation to appear before the grand jury based upon their belief that the use of the grand jury was abusive and unconstitutional. 4. Pursuant to 18 U.S.C. 3145(a), the government intends to file with the District Court a motion for revocation of the release order.

5. This Court has the authority to stay its order pending consideration of the appeal. See i.e. United States v. Yu, 2008 WL 2435803 (D. Kan. June 12, 2008)( stay of release pending 3145 appeal granted by both magistrate judge and district judge); United States v. Petersen, 557 F.Supp.2d 1124, 1129-30 (E.D. Cal. 2008) (stay granted by magistrate judge pending district judge review); United States v. Brown, 2008 WL 2098070, *1 (S.D. Ohio May 16, 2008) (stay of release pending 3145(a)(1) appeal granted by both magistrate judge and district judge); United States v. Guzman-Baez, 2008 WL 1809336, *1 (N.D. Cal. Apr. 18, 2008) (stay granted by magistrate judge); see also United States v. Colin, 2007 WL 4377723, *1 (N.D. N.Y. Dec. 12, 2007) (stay granted by district court after stay request was denied by magistrate court). WHEREFORE the government respectfully that the Court issue an Order staying the release of the defendant from custody of the United States Marshals Service. Respectfully Submitted, Matthew G. Whitaker United States Attorney

By: /s/ Clifford R. Cronk, III Clifford R. Cronk III Assistant U. S. Attorney 131 East 4th Street, Suite 310 Davenport, IA 52801 Tel: (563) 449-5432 Fax: (563) 449-5433 Email: cliff.cronk@usdoj.gov

CERTIFICATE OF SERVICE
I hereby certify that on Nov. 24, 2009, I electronically filed the foregoing with the Clerk of Court using the CM ECF system which will send notification of such filing to the parties of record.

UNITED STATES ATTORNEY By: /s/ ddegraff Supervisory Paralegal

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