'I Want You To File An Appeal,' He Tells Frederick Pledge's Attorney

JUDGE LETS CONVICTED POLICE OFFICER OUT OF JAIL

The Prosecutor Argued That Based On The Severity Of The Crime, Pledge
Deserved No Special Treatment.

Three days after sentencing a former Roanoke police officer to eight years
for racketeering and having him taken into custody, a federal judge granted
him a respite Monday.

U.S. District Judge James Turk summoned Frederick Pledge, his attorney,
Chris Kowalczuk, and Assistant U.S. Attorney Tom Bondurant to federal court
because Turk said he had been thinking about Pledge's case over the weekend
and it bothered him because he thought Pledge was not "a typical defendant."

"I've heard that a police officer and child molester have a hard time in
prison," Turk said prior to ruling that Pledge could go free on bond and
self-report for incarceration Sept. 10.

"I just have some concern for his safety," Turk added.

Bondurant had stressed the severity of the crime and argued that Pledge
deserved no special treatment.

Turk sentenced 30-year-old Pledge on Friday after determining that the acts
of racketeering alleged against Pledge constituted robbery. Bondurant and
U.S. Attorney Ruth Plagenhoef presented convicted felons who testified
Pledge had taken money and drugs from them and let them go free. Pledge
worked as a police officer for seven years before resigning when he pleaded
guilty to racketeering in March.

Turk also pressed Kowalczuk on whether he planned to pursue an appeal of
Pledge's conviction.

After Kowalczuk, who represented Pledge with Richard Lee Lawrence, hedged
on answering the question, Turk told him, "I want you to file an appeal."
Kowalczuk, who said after the sentencing Friday he had not yet decided
whether to appeal the case, indicated Monday that he would pursue an appeal.

Earlier in the hearing, Turk said he thought the case could be appealed on
the grounds that though the prosecution argued that most of Pledge's
racketeering took place when he was wearing the uniform of a Roanoke police
officer, which complete with firearm they argued was a threat of force,
there was no evidence that Pledge actually threatened anyone .