Federal District Court Judge Alistair Newbern ordered the temporary release of transgender alleged cyberstalker McKenzie McClure on Monday but did not hear victim statements beforehand.
Newbern ordered McClure, who is charged with cyberstalking, to be released the same day to voluntary mental health in-patient treatment in Sevierville, Tennessee, rather than keep her in federal custody. Before Monday, McClure was held in solitary confinement.
McClure, a woman who identifies as a man, was arrested by federal agents April 29 after leaving a threatening message to Christ Presbyterian Academy (CPA) in Nashville, which she attended from 1999 to 2004. She also publicly threatened Governor Bill Lee the same day he reportedly visited CPA.
Victims of charges filed in federal court have the right “to be reasonably heard at any public proceeding in the district court involving the release, plea, sentencing, or any parole proceeding,” according to the Crime Victims’ Rights Act. McClure’s charges were filed in the United States District Court for the Middle District of Tennessee.
After hearing from the prosecution and the defense, a judge will typically ask those present in the gallery if any among them are victims who want to be heard, giving them an opportunity to speak, one legal expert told The Tennessee Star.
Prior to ordering that McClure be released, Newbern appeared not to offer an opportunity for victims of McClure’s alleged crimes to be heard in a hearing. Some victims as well as legal representation for CPA were present in the Nashville courtroom during Monday’s hearing, which focused on McClure’s release.
Moreover, the judge, the prosecution, and the defense did not even acknowledge their presence during the hearing.
Newbern said, citing a representative of the facility to which McClure was sent, that Pasadena Villa is not capable of monitoring its residents’ locations electronically.
Additionally, Pasadena Villa houses patients who voluntarily stay there and does not force residents to remain there. Admissions Coordinator Sabina Shakoor testified about the facility on Monday. She said patients have left without notifying facility personnel in the past.
Shakoor also said McClure could leave Pasadena Villa since personnel do not force patients to stay and would be forced to call law enforcement. However, Newbern ordered that McClure was not allowed to leave the facility without the court’s approval.
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Matthew Giffin is a reporter at The Tennessee Star and The Star News Network. Follow Matthew on X/Twitter.
Photo “McKenzie McClure” by McKenzie McClure.Â
Apparently the judge is more concerned about the rights of the criminal than the rights of the victim. How liberal.
Our legal system and legislative bodies are falling at their responsibility to provide for public safety. It is important to exercise your right to vote. It is equally important that you know who you are voting for.