Washington County : Militia leader’s lawyer requests delay in trial
Posted on Saturday, January 6, 2007
The attorney for Washington County militia leader Hollis Wayne Fincher wants a delay in Fincher's trial, saying his client is seriously ill in jail.
Attorney Oscar Stilley filed a motion Friday asking for a one-day continuance in the trial scheduled for Monday in U. S. District Court in Fayetteville. Fincher, 60, has been suffering chest pains and other sicknesses and needs medical care beyond what he's getting in the Sebastian County jail, Stilley said in the motion.
Stilley wants a judge to order jail staff to let Fincher be examined by his family doctor or to reduce his bond to $ 25, 000 so he can leave jail and seek care.
A federal magistrate on Nov. 13 set Fincher's bond at $ 250, 000.
Fincher is lieutenant commander of the Militia of Washington County, a group with headquarters south of Fayetteville. He was arrested Nov. 9 when the Bureau of Alcohol, Tobacco, Firearms and Explosives raided his home on East Black Oak Road near the headquarters.
Stilley's motion states that jail staff took Fincher to the hospital Tuesday for nausea and chest pains.
He was prescribed medicine, but jail staff aren't giving it to him regularly, according to the motion.
A call to the Sebastian County jail wasn't immediately returned Friday.
Stilley said in the motion that he's been denied access to Fincher's medical records at the jail.
Fincher has lost 30-40 pounds in jail and may not be able to assist in his defense if trial starts Monday, Stilley said.
U. S. Magistrate Judge Beverly Stites Jones set Fincher's bond at $ 250, 000, with the conditions that he be put on electronic home monitoring, surrender his guns and have no contact with the militia until after trial.
Jones said Fincher must live with one of his daughters and her husband, Kenneth and Connie Fields of Elkins, and place as bond collateral the deed to his 120-acre homestead on East Black Oak Road.
Fincher didn't agree to the conditions.
Stilley said in the motion that Fincher is worried the government will "look for reasons"to take his land if he agrees to the conditions.
Stilley wants Fincher released on a $ 25, 000 signature bond, instead.
A ruling hadn't been made on the motion by Friday afternoon when the courthouse closed.
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