U.S. v. SMALLWOOD
UNITED STATES OF AMERICA, Plaintiff,
v.
BILLI JO SMALLWOOD, Defendant.
Case No. 5:08-CR-38.
United States District Court, W.D. Kentucky, Paducah Division.
November 16, 2010.
MEMORANDUM OPINION AND ORDERTHOMAS B. RUSSELL, Chief District Judge.
This matter is before the Court upon Defendant's Second Renewed Motion for Revocation of Detention Order and for the Court to Hold Prompt Hearing on Motion (Docket #129). The government has responded (Docket #134). A hearing was held in this matter on November 4, 2010. This matter is now ripe for adjudication. For the following reasons, Defendant's motion is DENIED.
BACKGROUNDThis case arises from a fire that occurred on May 29, 2007, at the Fort Campbell, Kentucky, United States Army base. Defendant Billi Jo Smallwood resided at 4137 Dixie Road, unit D, with her husband, Wayne Smallwood, and three minor children. In the early morning hours of May 29, 2007, neighbors reported a fire at the Smallwood residence to the Fort Campbell Fire Department. Upon arrival, the firefighters discovered Billi Jo and Wayne Smallwood, with their youngest child, outside the residence. The other two children were still in the house. Firefighters attempted to rescue the two children, but neither survived. Billi Jo Smallwood was transported to Vanderbilt Medical Center for treatment of severe burns she received during the fire.
Mrs. Smallwood was indicted on November 13, 2008, for malicious damage and destruction by fire to property owned by the United States and malicious damage and destruction by fire to property owned by the United States resulting in deaths. She was arrested on November 18, 2008. Mrs. Smallwood was arraigned on December 17, 2008, and the Magistrate Judge ordered that she remain in custody prior to trial. A motion for revocation of that detention order was filed on January 27, 2009. The Court held a hearing as to that motion on March 11, 2009, and denied the motion by Order filed on April 17, 2009.
This matter was set for trial on October 18, 2010. Shortly before that date, the government filed a notice of appeal as to an Order by the Court granting Mrs. Smallwood's motion to exclude the government's toolmark expert under the Daubert standard. The trial date has been vacated until that appeal is final. Mrs. Smallwood now moves for the second time to revoke her detention pending trial.