Post by sclcookie on May 31, 2006 1:39:23 GMT -5
Former death row inmatebonds out in extortion case
S. District Judge Robert Junell on Tuesday allowed the release on bond of
a former Texas death row inmate accused of threatening to kill an Odessa
man early this year.
Assistant U.S. Attorney John Klassen said the risk posed by John Clifford
Skelton to alleged victim Terry Lee Jacobs and his family is unacceptable,
arguing, "It's too risky, your honor.
"People could be injured by Mr. Skelton."
Junell concurred with a May 11 ruling by U.S. Magistrate Stuart Platt that
the Justice Department had undermined its argument by neglecting to arrest
Skelton after his April 26 federal grand jury indictment in Midland for
interstate telephone transmissions of extortionate demands.
"Mr. Skelton, abide by the terms of your bond," Junell said at the
detention hearing.
"Yes, sir," said the balding 77-year-old defendant, wearing an orange
Odessa Detention Center jumpsuit. "I understand."
Junell upped Skelton's bond from $100,000 with a $5,000 cash deposit to
$250,000 with $50,000 in cash. He will have to keep a curfew, limit travel
from his home and branding iron business in Knoxville, Ark., wear an
electronic monitor and surrender his passport and concealed handgun
license, among other conditions.
The judge set Skelton's trial for Aug. 7, when he will face up to five
years in prison if convicted.
Austin defense lawyer David Botsford said he gained Skelton's 1990 release
from a death sentence in the April 24, 1982, pickup bombing death of
Skelton's former Odessa cleaning business employee, Joe Lee Neal.
"John was 800 miles away in Missouri when that (bombing) happened and
there was no effort whatsoever to arrest him in this case," Botsford said.
"He drove 700 miles to Midland and voluntarily surrendered after learning
on May 4 that he had been indicted."
Referring to the charge Skelton threatened to shoot Jacobs unless he paid
$250,000 and $50,000 in interest to former Odessa business associates,
Botsford said, "This is not a business John had a stake in. I'm very
confident he is going to be acquitted."
Botsford said the case is based on Jacobs' accounts of unrecorded February
conversations with Skelton and there are no direct threats in March
conversations recorded by FBI Agent Dina Morales and Texas Ranger Jess
Malone.
He said Klassen's claims should get less credence because Jacobs did not
come to court to bolster them. Botsford said Skelton will post bond and be
released from the federal ODC jail on the top floor of Ector County
Courthouse on Thursday.
Sitting with Morales, Klassen said his concern increased when he learned
both crimes had involved business deals. "We want the court to place
weight on the events of 1982," he said.
The prosecutor said Skelton's Arkansas business, Husky Branding Irons, is
very successful and he has enough money to hire a killer as well as pay
the hefty bond.
Klassen said the Texas Court of Criminal Appeals of 1989 used a guideline
discontinued 2 years later when it ruled Skelton had been convicted of
capital murder with insufficient evidence. He said the court conceded
Skelton's guilt "was even probable" but that the evidence "had not
excluded all other possibilities."
The U.S. Supreme Court declined to hear Ector County's appeal of the
ruling and Skelton was released the next year, according to state court
documents.
(source: Midland Reporter-Telegram)
S. District Judge Robert Junell on Tuesday allowed the release on bond of
a former Texas death row inmate accused of threatening to kill an Odessa
man early this year.
Assistant U.S. Attorney John Klassen said the risk posed by John Clifford
Skelton to alleged victim Terry Lee Jacobs and his family is unacceptable,
arguing, "It's too risky, your honor.
"People could be injured by Mr. Skelton."
Junell concurred with a May 11 ruling by U.S. Magistrate Stuart Platt that
the Justice Department had undermined its argument by neglecting to arrest
Skelton after his April 26 federal grand jury indictment in Midland for
interstate telephone transmissions of extortionate demands.
"Mr. Skelton, abide by the terms of your bond," Junell said at the
detention hearing.
"Yes, sir," said the balding 77-year-old defendant, wearing an orange
Odessa Detention Center jumpsuit. "I understand."
Junell upped Skelton's bond from $100,000 with a $5,000 cash deposit to
$250,000 with $50,000 in cash. He will have to keep a curfew, limit travel
from his home and branding iron business in Knoxville, Ark., wear an
electronic monitor and surrender his passport and concealed handgun
license, among other conditions.
The judge set Skelton's trial for Aug. 7, when he will face up to five
years in prison if convicted.
Austin defense lawyer David Botsford said he gained Skelton's 1990 release
from a death sentence in the April 24, 1982, pickup bombing death of
Skelton's former Odessa cleaning business employee, Joe Lee Neal.
"John was 800 miles away in Missouri when that (bombing) happened and
there was no effort whatsoever to arrest him in this case," Botsford said.
"He drove 700 miles to Midland and voluntarily surrendered after learning
on May 4 that he had been indicted."
Referring to the charge Skelton threatened to shoot Jacobs unless he paid
$250,000 and $50,000 in interest to former Odessa business associates,
Botsford said, "This is not a business John had a stake in. I'm very
confident he is going to be acquitted."
Botsford said the case is based on Jacobs' accounts of unrecorded February
conversations with Skelton and there are no direct threats in March
conversations recorded by FBI Agent Dina Morales and Texas Ranger Jess
Malone.
He said Klassen's claims should get less credence because Jacobs did not
come to court to bolster them. Botsford said Skelton will post bond and be
released from the federal ODC jail on the top floor of Ector County
Courthouse on Thursday.
Sitting with Morales, Klassen said his concern increased when he learned
both crimes had involved business deals. "We want the court to place
weight on the events of 1982," he said.
The prosecutor said Skelton's Arkansas business, Husky Branding Irons, is
very successful and he has enough money to hire a killer as well as pay
the hefty bond.
Klassen said the Texas Court of Criminal Appeals of 1989 used a guideline
discontinued 2 years later when it ruled Skelton had been convicted of
capital murder with insufficient evidence. He said the court conceded
Skelton's guilt "was even probable" but that the evidence "had not
excluded all other possibilities."
The U.S. Supreme Court declined to hear Ector County's appeal of the
ruling and Skelton was released the next year, according to state court
documents.
(source: Midland Reporter-Telegram)