Judge rejects O’Neal appeal

By MATT MILNER Courier staff writer

August 27, 2008 12:11 am

— DES MOINES — Derek O’Neal is 0-for-2 in his bids for release from custody pending his trial on federal drug charges.
O’Neal, 45, is one of 10 defendants in a major drug case that originated in Ottumwa. Authorities raided 12 locations in mid-July. They say O’Neal is part of a cocaine ring led by William Edwards III out of his bars, The Dugout and the Plowboy.
O’Neal was among the nine defendants who had detention hearings July 23. The judge ordered seven of those defendants held pending trial; O’Neal was the only one to appeal that decision. He sought release to his mother’s custody in Chicago.
The judge based his order on a finding that there was no way to assure the safety of the community if O’Neal was at large as he awaited trial. O’Neal allegedly struck one of the co-defendants with a hammer at one point during the investigation and is accused of threatening an informant.
The defense filing attacked the testimony given in the detention hearing. It said the accusations largely come from an unnamed informant, and that they are vague at best.
Senior Judge Ronald Longstaff disagreed. He reviewed the appeal, a pretrial services report, and the detention hearing transcript, and said the initial finding was right.
“The Court ... has reached the same findings and conclusions reached by U.S. Magistrate Judge Walters,” Longstaff wrote.
The trials for the defendants were initially set for Sept. 29. That date stands, but could well change as both sides work through discovery and seek out witnesses.