Federal Judge Curtis Collier has denied a motion by former Pilot Travel Center president Mark Hazelwood to leave his home confinement three days a week for three hours at a time.
Hazelwood is confined at his home in Knoxville while awaiting an appeal of his conviction in Federal Court in Chattanooga in connection with a major fraud of trucking companies.
The Hazelwood motion said he needed to be able to get out to exercise and to attend church services.
Judge Collier said he could exercise at home in his personal gym and swimming pool. He said he can also freely practice his religion there. He said he was not barred from having church services and worship groups at his house.
The ruling by Judge Collier says:
Before the Court is a renewed motion by Defendant Mark Hazelwood to modify the terms of his release to allow him to leave his home every Tuesday, Thursday, and Sunday for three hours each.
The Court previously denied such motion because Defendant did not state a reason for needing to leave his home three days a week for three hours each. The United States has responded to Defendant’s current motion, stating it defers to the discretion of the Court and any recommendations of the United States Probation Office, but wished to clarify the procedural history offered by Defendant in his motion.
In the revised motion, Defendant clarifies that he seeks to leave his home three days a week for three hours each in order to exercise and attend church. In particular, he states he seeks to “reintegrate into his faith community” and that he “cannot meaningfully participate in his faith community without regularly attending church services.”
He also states he has 1 In regard to the procedural history of the motion, Defendant remarks, “[t]he government consented to this modification in an arms-length negotiation that included concessions from Mr. Hazelwood, including his agreement to post additional property and not to oppose a third request by the government to extend the deadline for filing its appellate brief with the Sixth Circuit Court of Appeals. Mr. Hazelwood gave up his opposition to that additional delay in exchange for the prospect of less restrictive release conditions.”
The Government’s response does not comment on this specific exchange, but memorializes deadline extensions both parties have sought before the United States Court of Appeals for the Sixth Circuit
2 been unable to get routine exercise outside of his home, that he is “confined to the four walls of his home,” and that he hopes to avail himself of exercise facilities on his property or within a tenminute drive of his home.
Defendant also states that that he and his family have agreed to post certain properties as additional security for his bond. These proffered reasons do nothing to meaningfully strengthen Defendant’s motion. Defendant is free to engage in any form of worship he may desire from his home, and is not prevented from hosting bible studies or church services. Defendant is also not restricted from inviting his pastor or others in his community to his home so that he may share those experiences and interact with others who share his faith.
The Court has also been advised by Defendant’s supervising pretrial services officer that Defendant has ample space to exercise in his home, including a personal gym and in-ground swimming pool. On January 10, 2019, a motions panel for the Sixth Circuit ruled “that home confinement is the least restrictive means of assuring Hazelwood’s appearance as required.”
Defendant’s motion is DENIED.