The third time wasn't the charm for R. Allen Stanford.
On Aug. 31, a three-judge panel of the 5th U.S. Circuit Court of Appeals affirmed U.S. District Judge David Hittner's decision denying bail to Stanford on the ground he's a flight risk. In a nonpublished decision, the panel found that Stanford, in his third request to be released from pretrial detention, presented no new evidence that called for Hittner to re-evaluate his conclusions. Hittner had denied Stanford bail three times.
Stanford, who has been in custody since he was indicted in June 2009, alleged in his appeal to the 5th Circuit that pretrial detention violates his rights to due process under the Fifth Amendment and to effective assistance of counsel under the Sixth Amendment.
The 5th Circuit panel included Judges Thomas Reavley, James Dennis and Edith Brown Clement.
Stanford was indicted on fraud and obstruction of justice charges in connection with an alleged conspiracy to defraud investors who bought about $7 billion in certificates of deposit sold through the Stanford International Bank Ltd. He has pleaded not guilty to the charges and goes to trial in January 2011.
Stanford's criminal defense attorney, Robert S. Bennett of Bennett Nguyen Joint Venture of Houston, says Stanford intends to seek relief from the U.S. Supreme Court.
This article first appeared on Tex Parte Blog.