Judge releases Durham from halfway house

INDIANAPOLIS (WISH) - Free again, sort of. Indicted Indianapolis businessman Tim Durham was released from a half way house Monday, but he remains on monitored home detention.

That was only one of several new developments in the Durham case. When Tim Durham came to Federal court Monday he was technically in custody. Ordered to live at a halfway house, he had been getting permission to leave only to meet with his attorneys and to go to court. But Federal Magistrate Judge Kennard Foster changed that.

Durham will now live with a relative on home detention. But where won't be revealed. Howard Srebnick is Durham's attorney.

"Mr. Durham will be staying in Indiana pending the trial that will allow for us to work with him in anticipation of next years trial."

While Durham's new home will be kept secret the Judge made sure Durham would not be living in the Geist mansion he used to own.

Today's developments all took place in open court. The Judge said he would only close the proceedings if testimony would result in Durham incriminating himself. And no such testimony was given. The judge did get a statement that Durham's million dollar bond would be backed up by a piece of property worth at least twice that amount. It's property owned by Durham's former father-in-law Indianapolis businessman Beurt SerVaas.

Durham's attorney now has seven days to prove SerVaas owns the property free and clear. Durham was released because he provided a 20 page financial disclosure, accepted as adequate by the judge. But before the judge accepted it, Durham had to swear under oath it is accurate. "That was the one the judge asked us to provide in the format of the bankruptcy trustee format and we complied with that order," said Srebnick.

One interesting note about the financial disclosure. While it had to be submitted for Durham to be released on bond, it will not be used in the actual case against Durham when it goes to trial next June.

That was an agreement between the government, Durham's attorney and the court.