United States v. Bernard Reese

Appellant is currently incarcerated pending trial on a charge of second degree murder. He moved in the District Court for an order pursuant to 23 D.C. Code 1321(h) (2) (Supp. IV, 1972), 1 permitting him to be released for a limited period of time in the custody of a United States Marshal, or other suitable custodian, in order to locate witnesses vital to his defense. The District Court denied the motion and this appeal followed. 2 We reverse, and remand the case to the District Court.

The charge against appellant arose out of a shooting death that occurred in a parking lot at 8th and O…