Waller attorney seeks revocation of detention order

Clay Waller's federal public defender filed a motion Monday to revoke Waller's detention order, saying the prosecution made a weak case in detaining his client.

Last week, Magistrate Judge Lewis Blanton ruled Waller should be kept in custody until he goes to trial on a federal charge of making threats over the Internet.

"The government has not established by clear and convincing evidence that there are no conditions or combination of conditions which will assure the safety of the community," Waller's public defender Scott Tilsen said in the motion.

Tilsen could not immediately be reached for comment.

Federal prosecutor Larry Ferrell said motions to revoke a detention order are common and no surprise to him.

"They're entitled to appeal," Ferrell said. "But we'll be advocating just as vigorously to oppose."

Tilsen said in the motion that Waller does not meet the criterion to be detained. Waller does not pose a threat to the community, Tilsen said. Tilsen cites Waller's clean criminal history and his ties to the community as reasons to revoke the detention order.

Waller faces up to five years in prison and up to a $250,000 fine for a charge of transmitting in interstate commerce a threat to injure. Federal prosecutors say Waller threatened to kill his wife's sister, Cheryl Brenneke, if she hurt his three children. The threat is said to have taken place on an online discussion board.

Because of the maximum punishment and the fact Waller is a first-time offender, he should not be detained before his hearing, Tilsen said.

"Standard reporting conditions with or without electronic monitoring in these situations should provide a reasonable assurance of his appearance in court," Tilsen said in the motion.

Brenneke, the target of the alleged threat by Waller, said she understands the motion but hopes he will remain detained.

"That is his lawyer's job," Brenneke said of the motion. "I just hope the judge stands firm."

Waller's wife, Jacque, disappeared from a Jackson home June 1, and authorities have investigated Clay Waller in connection with the disappearance. He has not been charged in his wife's case.

In addition to the federal charge, Clay Waller faces state charges for stealing and harassment. A preliminary hearing on those charges is scheduled for Sept. 27 but may not happen because he is in federal custody.

Waller will appear in federal court Sept. 29 for a preliminary hearing.

psullivan@semissourian.com

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