Judge: No extra freedom for Tim Durham

INDIANAPOLIS (WISH) - Federal Court Judge Jane Magnus-Stinson said, “No” Thursday to indicted Indianapolis businessman Tim Durham's request for more freedom. One of Durham's co-defendants, though, got what he wanted, and it will cost taxpayers money.  

Durham, on court-ordered home detention, had asked for the opportunity to leave his house every day except Sundays. He wanted to be able to leave from 9 a.m. to 7 p.m. on weekdays and 9 a.m. to 4 p.m. on Saturdays. He was at home Thursday, and was the only one of the three co-defendants not in court. Jim Cochran and Rick Snow were there. All three are alleged to have been part of a scheme to defraud Fair Finance investors out of hundreds of millions of dollars.

Durham's attorney argued he needed the freedom to meet with attorneys and work through the case against him. Durham was indicted in March on 10 counts of wire fraud, one count of securities fraud and conspiracy to commit wire and securities fraud.

The judge told Durham he can get permission from the court to leave his home. She said it was better than being confined in a federal facility.

So Durham will continue to need permission for instate travel. For out of state travel, a formal request would have to be made directly to the court, his attorney, John Tompkins, said.

Cochran, who once owned two Geist-area mansions that are now in foreclosure, provided details on his financial situation, in support of his request for a public defender. He told the judge his only steady income is $1,800 rent he receives monthly, though he expected that to end soon. He also sells swimming pools, but on commission only, he said. On that income, he told the judge, he cannot afford the $100,000 a month he said it would take for him to retain an attorney. The judge agreed to appoint him a taxpayer-funded public defender.

The judge also approved a new attorney for defendant Snow, whose appearance in court was a first in the case. Thomas Farlow is leaving the case, and Jeffrey Baldwin will now represent Snow.

Still at issue is Durham's financial record. It was sealed when he he was released from custody in Los Angeles. The judge has yet to rule on a request that the records should be made public. Durham and his attorney claim some of what's in the records should remain private. A ruling on that issue is likely a week or two away.