Bert Douglas Montgomery’s motion to access transcript of a hearing on a motion for release of bond was also denied and so was his motion seeking to get the names of the persons who sat on the jury that convicted him.
U.S. District Court for the NMI Designated Judge Frances Tydingco-Gatewood issued the order.
Montgomery told the court he can no longer pay restitution because he is poor and his sister is on medical care.
Further, Montgomery said the trial court miscalculated the amount that he should pay.
But the judge said Montgomery’s argument of miscalculated restitution was merely an assertion of error whose merits are presently before the U.S. Ninth Circuit Court of Appeals.
The medical reason is not also compelling because he is paying for restitution not his family.
“Moreover, to recognize this reason as sufficient would be implicitly to endorse a defendant’s power to ‘outsource’ his restitution obligations,” the judge added.
She said Montgomery’s motion to access the transcript hearing was denied because “courts should grant such requests in a civil proceeding only where the appeal presents a substantial question.”
The juror motion was also denied for the same reason.
“The court hereby denies the juror motion. The petit jury information that petitioner seeks is available in the transcript of trial. However, as indicated above, petitioner is not entitled to a transcript of the trial prepared at public expense because his appeal does not present a substantial question,” the judge added.
