Wednesday, April 01, 2009

Trooper Franklin Joseph Ryle Waves Right to Hearing

CASPER, Wyo.

A Wyoming state trooper accused of federal civil rights violations will remain in custody.

Trooper Franklin Joseph Ryle on Tuesday waived his right to a preliminary hearing that would have forced the federal government to lay out its case against him in court. Ryle also waived his right to a detention hearing, meaning that he will remain in custody until he's arraigned later.

Ryle, 41, wore an orange jail jumpsuit and was led into the courtroom in handcuffs by officers during his appearance before U.S. Magistrate R. Michael Shickich.

Shickich told Ryle that he had a right to force the government to present evidence why the case against him should proceed. Ryle declined to do that.

Ryle also declined when Shickich asked him if he wanted a hearing on whether he should stay in custody.

"That being the case, the implication is that Mr. Ryle will remain in the custody of the United States," Shickich said.

Last week, U.S. Justice Department lawyer Edward G. Caspar filed papers in court asking that Ryle be jailed until a detention hearing could be held. Caspar indicated that Ryle faced the possibility of a life sentence in prison if convicted and indicated that there was a serious risk he would flee if allowed out of custody.

Ryle's decision to waive his preliminary and detention hearings means that details of the government's case against him remain secret to the public.

The Justice Department last week charged that Ryle, a 12-year veteran of the Highway Patrol, had violated a person's civil rights in January by kidnapping him at gunpoint and unlawfully arresting him. The complaint states that Ryle was acting "under color of law" during the incident.

In response to a request from the Justice Department, Shickich last week ordered some of the criminal complaint against Ryle and all of an FBI agent's affidavit supporting the complaint to be sealed.

Caspar declined comment on the government's case against Ryle after Tuesday's court hearing. He referred questions to a Justice Department public information officer in Washington. The public information officer said he could give no details of the government's case because the records remain sealed.

Records from the Justice Department Web site show that Caspar has been involved in several civil rights prosecutions around the country in recent years involving claims that police or correctional officers have brutalized people in custody.

Casper lawyer John Robinson represented Ryle in court. However, Robinson told Shickich that Ryle will apply for a public defender. Robinson said that once Ryle gets a public defender, Robinson will no longer be involved in the case.

Robinson declined comment after the court hearing.

State officials, including the governor's office and Wyoming Attorney General Bruce Salzburg, have declined comment on the case against Ryle.

Col. Sam Powell, administrator of the Highway Patrol, said last week that Ryle was on paid administrative leave.

Ryle was involved in an on-duty shooting in 2006 that prosecutors later determined was justified. Prosecutors
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http://www.casperstartribune.net/articles/2009/03/31/news/casper/2e0fcae2a4963e768725758b00009546.txt

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