Case 3:20-mj-04452-LL Document 9 Filed 10/15/20 PageID.

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1 JOHN D. KIRBY
CA Bar No. 149496
2 110 W. A Street
3 Suite 1100, San Diego, CA 92101p
Tel (619)557-0100 Fax (619)557-0123
4 Attorney for Defendant: Brian Jeffrey Raymond
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UNITED STATES DISTRICT COURT
6 SOUTHERN DISTRICT OF CALIFORNIA
7 (HONORABLE LINDA LOPEZ)
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9 UNITED STATES GOVERNMENT, ) Case No. 20-MJ-04452-LL
)
10 Plaintiff, )
11 vs. ) MOTION FOR RELEASE
) WITH CONDITIONS
12 BRIAN JEFFREY RAYMOND, )
13 Defendant, )
)
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15 MOTION FOR RELEASE WITH CONDITIONS
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Defendant Brian Jeffrey Raymond, through counsel, respectfully requests
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18 an order releasing Mr. Raymond subject to any appropriate conditions, pending
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transfer to the District of Columbia. In support of that motion, Mr. Raymond
21 states as follows:
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1. On October 9, 2020, Mr. Raymond was arrested by federal officers
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and has been held in quarantine custody pursuant to current COVID 19
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26 procedures since that time.
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2. Mr. Raymond has been under investigation since May 17, 2020.
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29 During that time, he (a) voluntarily returned to the United States from Mexico,
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spending several weeks in the Washington, DC area, (b) traveled to San Diego

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1 only after his counsel conferred with the Department of Justice and were
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informed that DOJ had no objection to such travel, and (c) remained in the San
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4 Diego area for months, awaiting disposition of his case.
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3. At no time did Mr. Raymond attempt to flee or give any indication
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7 of intention to do so.
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4. Mr. Raymond’s primary reason for traveling to and staying in San
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10 Diego has been the health of his mother. Mrs. Raymond is a cancer patient who
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has spent the past several years fighting breast, throat, mouth and other forms of
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13 cancer. She has suffered through ongoing treatment and reconstructive surgery.
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Her prognosis is not good. Mr. Raymond has assisting his father in caring for
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16 his mother.
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5. As has been detailed elsewhere, the Metropolitan Correctional
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19 Center (MCC) has in recent weeks witnessed a surge of COVID cases, giving it
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one of the highest infection rates in the country. 1
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22 6. While otherwise outwardly healthy, Mr. Raymond suffers from a
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heart condition that has required surgery in the past. He had surgery to repair a
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25 heart valve in June 2018 and currently has a band surrounding his heart. His
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cardiologist has prescribed regular echocardiograms to monitor the state of his
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29 1
See Maya Srikrishnan, “Federal Jail Downtown Now Has One of the Country's Worst COVID Outbreaks,”
Voice of San Diego, (Sept 10, 2020), available at
30 https://www.voiceofsandiego.org/topics/news/federal-jail-downtown-now-has-one-of-the-countrys-
worst-covid-outbreaks/.

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1 heart. Keeping Mr. Raymond in an environment with elevated risk of COVID

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19 infection could pose a great risk to him than to the average person.
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4 According to the Centers for Disease Control, certain serious heart conditions or
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other cardiovascular disease may increase the risk of severe illness from
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7 COVID-19.2
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7. Mr. Raymond has deep ties to the San Diego community. He spent
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10 his childhood here, has lifelong friends here, and returns here regularly. Both of
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his parents, and his only sibling, all live here.
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13 8. Prior to the events at issue in this proceeding, Mr. Raymond has
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had an unblemished, 23-year career in public service for the federal government.
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16 9. At regular intervals throughout his tenure in public service, as well
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as shortly after the launch of the current investigation, Mr. Raymond has taken
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19 polygraph tests. To his knowledge, he has passed every one of the more than 10
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such test, including the most recent one, which addressed allegations against
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22 him. Those results were shared with the Department of Justice. He’s taken over
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10 polygraphs during his career.
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2
Centers for Disease Control, “Coronavirus Disease 2019 (COVID-19): People with Certain Medical
30 Conditions,” updated Oct. 6, 2020, available at https://www.cdc.gov/coronavirus/2019-ncov/need-
extra-precautions/people-with-medical-conditions.html#copd.

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1 10. Mr. Raymond owns a home in Las Vegas, Nevada, in which he has
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approximately $275,000 in equity interest, which could serve as security for any
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4 release.
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11. Mr. Raymond is willing to accept bail conditions up to and
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7 including an ankle monitor and house arrest.
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10 Respectfully submitted,
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Dated: October 15, 2020 /S/JOHN D. KIRBY
12 John D. Kirby
13 Counsel for Brian Jeffrey Raymond
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