An Edmond teenager accused of raping orphans while serving as a missionary in Kenya was approved for release on $10,000 bond under the condition of home confinement, but federal prosecutors appealed his release Tuesday.
A judge delayed the release of Matthew Durham, 19, in order to give federal prosecutors time to appeal the decision, and indeed, they did.
In the appeal, United States attorneys dispute the Magistrate Judge's opinion that approving bond for Durham was a "close call." They say that the circumstances of the case make it clear that the young man should remain in custody.
Prosecutors say that Durham, by his own admission, raped and sexually abused several children in Kenya, and that he blames his acts on an inability to control his urges. In the appeal, attorneys write, "The defendant blames his 'inner demon' that he has named Luke. Hehas proclaimed more than once that he has no control over his inner demon’s influence." Because of Durham's self-described lack of control over his urges to prey upon and touch young children, U.S. attorneys say that the defendant should remain in federal custody to protect other children from possible victimization.
In addition to citing the defendant's alleged criminal acts and his lack of impulse control, prosecutors allege that the defendant has repeatedly threatened a witness, telling different people that he was going to burn down the house of the witness. Prosecutors do not see this claim as an empty threat by a scared and angry teenager, but rather a credible threat by a criminal defendant facing life in prison. The appeal asks, "How many children need to be harmed and how many threatening statements against a witness need to be made for the defendant to be detained?"
The appeal cites 18 U.S.C. § 3142(e) regarding the pre-trial release or detention of a defendant. Under this section, federal law states that "it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community" if the offense involved a minor victim in violation of one or more of several statutes, including 18 U.S.C. § 2423. Section 2423 is the federal law involving travel with intent to engage in illicit sexual conduct and engaging in illicit sexual conduct in foreign places.
In its appeal, the United States describes the details of Durham's case in relation to indicators for presumption of pre-trial detention as described in the aforementioned statute:
"Pursuant to 18 U.S.C. § 3142(e), both of the above statutes charged in theIndictment carry a presumption in favor of pre-trial detention based on risk of flight anddanger to the community. In light of the fact that the defendant is facing significant timein prison, has demonstrated a pattern and an admitted history of sexual urges towardminors (both in the United States and abroad), has the means to live comfortably abroad,and has traveled abroad extensively in the past several years, there are no conditions orcombination of conditions that will reasonably assure the appearance of the defendant orthe safety of the community."
Although the defendant's father has vowed to take a leave of absence from work to supervise his son around the clock, prosecutors say that the young man's impulses, motives, and means to commit further crimes or to flee justice outweigh any arguments for pre-trial release.
