Bail motion takes on added urgency in wake of trial postponement

Jerry DeLemus (Facebook photo)

LAS VEGAS, Nev. - The effort to have Rochester Tea Party activist and accused mid-level leader of the Cliven Bundy armed resistance against federal agents two years ago released on bail took on new import Tuesday as a federal judge pushed back the start of his trial till next year.

The trial had been scheduled for May, but U.S. Magistrate Judge Peggy Leen ruled that wasn't enough time for defense lawyers for Jerry DeLemus of Rochester or the other 18 alleged co-conspirators to prepare their case.

Leen commented in her ruling that, "No defendant requested that the May 2, 2016, trial date go forward."

The new trial start date is Feb. 6, 2017.

Leen's ruling came the same day DeLemus' defense attorney submitted a formal appeal urging federal authorities to release DeLemus pending trial, arguing he is neither a flight risk nor a danger to society, including a letter from U.S. Rep. Frank Guinta, R-N.H.

"I have known Mr. DeLemus for more than seven years and I have found him to be a man of strong passions with a thirst for freedom," Guinta wrote. "He is a man who cares deeply about his community and this country, which he served honorably in the United States Marine Corps. I can truthfully say that although impassioned, I have never known Jerry DeLemus to be a man of violence. I know him only as a law-abiding member of our society."
DeLemus, a Tea Party activist and co-chair of the state Veterans for Trump for President group, was named in a March 3 indictment as a midlevel leader and organizer in the Cliven Bundy standoff with federal agents, and that he: recruited, organized, trained and provided logistical support to gunmen and other followers and organized and led armed patrols and security checkpoints from April 12 till the end of May 2014.

A 60-some page indictment specifically charges him with conspiracy to commit an offense against the United States, threatening a federal law enforcement officer, assault on a federal officer, obstruction of justice, attempting to impede or injure a federal law enforcement officer, interference with interstate commerce by extortion, and several firearms charges, according to court records.

However, in the motion for release filed by DeLemus attorney Brian J. Smith of Las Vegas, he points out DeLemus was not even on the Bundy property the day of the confrontation with federal Bureau of Land Management agents.

He also argues that while there are two basic reasons to refuse bail - flight risk and danger to the community - flight risk has no basis in fact as DeLemus has stayed at his home in Rochester even as the possibility of federal indictments hung over him and, in fact, had been in contact with FBI agents in the interim.

Smith also notes DeLemus worked as a peacekeeper while at the Bundy ranch and visited police there trying to smooth things over.

Meanwhile, the former Strafford County sheriff candidate and husband of New Hampshire state rep Susan DeLemus remains jailed at the Henderson Detention Center in Henderson, Nev.

After a short stint in isolation after first arriving, he has been transferred to general population where he is much happier, a Facebook post from Susan DeLemus confirms.

A fund-raiser to help DeLemus' family deal with expenses while he is under arrest is scheduled for 4-6 p.m. on May 14, at Groen Construction, 120 Washington St. in Rochester.

Supporters can also donate at www.patriotjerry.com.