HATTIESBURG, MS (WDAM) - A Hub City pastor who was found guilty in federal court for defrauding the U.S. government was in court Tuesday afternoon for a detention hearing.
Judge Michael Parker set an unsecured bond for Rev. Kenneth Fairley at $25,000. An unsecured bond means no money is owed unless Fairley violates the three conditions of his bond.
Those conditions include appearing in court for scheduled proceedings and surrendering to serve sentence.
Parker said Fairley will be released from custody after processing.
Fairley was escorted into the courtroom by two U.S. Marshals for the hearing in handcuffs with chains around his waist.
Fairley's attorney Betram Marks said Fairley has already surrendered his passport to the court. He also said Fairley is not a flight risk.
Marks also said Fairley didn't violate any provisions of his release agreement prior to trial and says he is not a danger to the community.
Jason Miller, Fairley's probation officer who supervised his pre-trial release, testified during the hearing that Fairley had no violations. Miller said on the two occasions he did stop by Fairley's residence, he was not there but told someone at the home to call him, which he never did.
Because of this, Parker set a provision for Fairley's release to promptly contact his probation officer when he is asked to do so.
The Assistant U.S. Attorney Jay Golden agreed that Fairley was a lifelong resident and wasn't a flight risk, and said they would not ask for detention at this time.
Judge Parker restricted Fairley's travel to the Southern District of Mississippi, with travel outside limited to pre-approved medical appointments. Marks said Fairley receives medical treatments that sometimes require him to travel to Atlanta.
Parker said Fairley must have medical travel approved in advance and in writing by his probation officer.
Parker also said Fairley's sentencing date has been pushed back to Dec. 19 at 2 p.m. in front of U.S. District Judge Keith Starrett.
That is the same sentencing date Starrett gave Fairley's co-defendant Artie Fletcher. Fletcher pleaded guilty to a lesser charge of concealing a federal felony on Sept. 2 instead of standing trial with Fairley.