by CAROLINE GRUESKIN, Bismarck Tribune, June 22, 2017
A federal judge has given Red Fawn Fallis permission to move from a jail in Rugby to a halfway house.
U.S. District Judge Daniel Hovland ordered on Tuesday that Fallis be released as soon as space is available at Centre Inc. in Fargo. Hovland had previously denied a similar request for Fallis, who is accused of shooting at police officers during a Dakota Access Pipeline protest on Oct. 27.
In his order, Hovland cited Fallis’ successful completion of a furlough to attend a memorial service in Colorado for her mother and the need for easier communication with her attorney, Bruce Ellison, of Rapid City, S.D.
U.S. Attorney David Hagler had opposed the request, saying she remained a danger to the community and a flight risk.
Fallis’ trial, which was scheduled for July 17, has been postponed to Dec. 5. Ellison asked for the continuance due to the amount of evidence and legal issues in the case. The government did not oppose this request.
Ellison has also requested to move the jury trial out of Bismarck to another jurisdiction. Ellison cited “the massive, pervasive and prejudicial pre-trial publicity that has attended the pipeline protests and, specifically, her arrest and prosecution.”
The government and judge have not yet responded to his request.