USA v. Applebury et al

District of Alaska, akd-3:2017-cr-00121-58433


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JAMES WENDT Law Offices of James Alan Wendt 425 G Street, Suite 610 Anchorage, Alaska 99501 (907) 258-9100 Facsimile: (907) 258-7329 Email: Attorney for Defendant Jill Diane Applebury IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,)) Plaintiff,)) Case No. 3:17-cr-00121(TMB)(DMS) vs.)) MOTION FOR RECONSIDERATION JILL DIANE APPLEBURY,) OF THE COURT ORDER OF) DETENTION AT DOCKET 313 Defendant.) (L.Cr. Rule 7.3(h)) _______________________________________) COMES NOW Defendant and moves this Court for an order of reconsideration of its Order of Detention at Docket 313. This motion is brought pursuant to Local Criminal Rule 7.3(h)(1)(B) based upon discovery of new material facts not previously available. The court has found that the defendant "presents a danger of economic harm to others." Specifically, the claim at the hearing was that the defendant had harmed her mother through her actions related to the lodge owned by her mother. The following facts support, rather than an "economic harm" to her mother the defendant has been an economic benefit. PAYMENTS MADE BY JILL APPLEBURY FOR WHICH SHE HAS NOT BEEN RECOMPENSED Jill Applebury had taken upon herself the payment of a number of Rocky Knob Lodge obligations. Exhibit "A1" is a single page spreadsheet summarizing the electric bills for the Rocky Knob Lodge that were paid by Mrs. Applebury that (Exhibit "A") with the corresponding payments (Exhibits "B" and "C"). These exhibits show that Jill Applebury has paid a minimum of $14,817.80 out of her own savings to keep electric power flowing to the Rocky Knob Lodge.1 Another obligation Jill Applebury took upon herself was the payments on a line of credit taken out by her father. Exhibit "D" is a listing of payments made from Mrs. Applebury's bank account ending in 1509. The payments were made to TrailWest Bank and can be matched with the TrailWest application of those payment in Exhibit "E". The payments Mrs. Applebury made can be further confirmed through contact with the bank and with Mr.s Applebury's mother. (Exhibit "K", Affidavit of Counsel, paragraph 2) In addition to the above, Jill Applebury has incurred debt through use of her own credit card in payment for needed provisions foir the restaurant at the lodge, other utility payments and tax payments. These payments could be established in the event Mrs. Applebury is released from custody so she is above to gather the documents. JILL APPLEBURY CASHING IF THE INSURANCE CHECK WAS NOT DONE WITH MALICIOUS INTENT At Mrs. Applebury's bail hearing the Government argued that Mrs.. Applebury was an economic danger to her mother and used the cashing of the insurance check at its prime example. What was missed at the hearing was the notation on the check that it was for "employee hours and mileage."2 After the hearing counsel for Mrs. Applebury discovered that he had been provided with a listing of the individuals and the hours they put in and the mileage 1 The total of the "Rocky Knob" column is $24,335.26 and if Mrs. Applebury is released she will be able to obtain the documentation establishing that she did indeed pay this full amount. 2 Exhibit 3 to Docket 306. Also appended to this motion as Exhibit 'I'. United States v. Applebury Motion for Reconsideration 3:17-cr-00121(TMB)(DMS) Page 2 of 4 they traveled for work related to a small fire at the lodge that damages the laundry. (Exhibit "F"). The insurance check was, in large part, payment for work done by Jill Applebury. The other employees that make up the amount of the funds remitted in the check, Mrs. Applebury was to pay those employees separately and include the payment in the W2 forms sebt at the end of January. The above is supported by the notation on the check and from the worksheet Mrs. Applebury provided to her counsel. In an attempt to further establish that the insurance check was for work perfrom by Mrs. Applebury, her daughter and Alissa Hamby, counsel for Mrs. Applebury contacted David DesChamps who issued and signed the check for the insurance ompany in an effort to obtain a copy of the insurance file. (Exhibit J) Mr. DesChamps was originally quite amenaboe to providing the file though changed his mind after discussing the isse with attorney Dirk Williams. (Exhibit K – Affidavit of Counsel, paragraph 4) It is respectfully submitted to this court that Mra. Applebury was not in any way stealing from her mother but simply seeking compensation for herself and others. JILL APPLEBURY HAS CONTINUES TO BE ASKED TO WORK FOR THE LODGE ANDHAS DONE SO WITHOUT COMPENSATION Mrs. Applebury has continued to be asked to perform tasks for the Rocky Knob Lodge into 2019 and has done so to the best of her ability, withput complaint, and most importantlyf, without compensation. (Exhibit 'G', pages 1-38 of email with requests that Mrs. Applebury perform services) Indeed, even after her incarceration she has provided requested W2 form for the employees through her attorney and this has been acknowledged by the attorney for her father's estate, Dirk Williams. (Exhibit H) United States v. Applebury Motion for Reconsideration 3:17-cr-00121(TMB)(DMS) Page 3 of 4 CONCLUSION As the Court can easily see, Mrs. Applebury is not an economic danger to her mother but, rather, shehas served as an important economic benefit to her mother. It is respectfully requested that the court release Mrs. Applebury so she can effectively prepare for her sentencing currently schedule for March 29, 2019. LAW OFFICES OF JAMES ALAN WENDT __/s/ James Wendt_____________________ I hereby certify that on February 11, 2019 a copy of foregoing Motion was served electronically on: All Attorneys of Record __/s/ James Wendt_____________________ United States v. Applebury Motion for Reconsideration 3:17-cr-00121(TMB)(DMS) Page 4 of 4