Loren Sutton is trying to secure his client’s pretrial release through an unsecured bond.
Sutton is also proposing Fitial’s release to his nephew Joseph Omar and Donisio Fitial, the defendant’s uncle.
The motion is scheduled to be heard before Judge Robert J. Bryan on July 13.
The 22-year-old Fitial remains in the custody of the U.S. Marshals Service and detained at the Department of Corrections facility since his arrest on June 11.
Sutton said the right to pre-trial release is fundamental for his client.
Several factors must be taken into account by the court, according to Sutton, in determining whether there are conditions of release that will reasonably assure the appearance of his client and the safety of the community.
Sutton said these include the 1) nature of the offense, 2) weight of the evidence, 3) the defendant’s character, physical and mental condition, family and community ties, past conduct, history relating to drug and alcohol abuse and criminal history, 4) nature and seriousness of the danger to any person or to the community, and 5) whether the defendant can successfully rebut such presumption.
Fitial was arrested on the charge of deprivation of rights under color of law.
The Federal Bureau of Investigation said Fitial used physical and verbal abuse against his victim whom he sexually abused.
