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March 2, 2012     Cape Gazette
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March 2, 2012
 

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Cape Gazette NEWS FRIDAY, MARCH 2- MONDAY, MARCH 5. 2012 23 Judge refuses to lower bail; felony charge remains By Melissa Steele melissastelle@capegazette.com Lewes resident John Scott de Kuyper remains behind bars in a Manhattan jail after a judge re- fused to lower his bail during a Feb. 27 court appearance. Despite an earlier report that de Kuyper was home after his Feb. 22 arrest for carrying a gun into a New York City courthouse, his lawyer, Gideon Oliver, said de Kuyper failed to make the $50,000 cash bail or secure a $300,000 se- cured bond re- quired to let him out of Metropolitan Detention John Scott Center in de Kuyper Manhattan. A judge also re- fused to lower de Kuyper's bail, but Oliver said he might try to get the amount reduced within the next couple of weeks. "New York gun law is some of the most draconian in the coun- try," Oliver said. "Basically, if you possess a firearm and it's outside your home or busigess, you're looking at a violent felony charge with a mandatory minimum." The minimum is two years in prison. Oliver said he and de Kuyper's wife, Donna, are work- ing with the District Attorney's Office trying to reduce de Kuyper's violent felony charge of second-degree criminal posses- sion of a weapon. De Kuyper, 53, appeared in court Feb. 22 to receive a com- munity service sentence for a se- ries of charges filed against him following an Occupy Wall Street protest in Times Square Oct. 15. YouTube footage.of the protest shows de Kuyper - clearly visible wearing a green shirt, black beret and backpack - pushing through the crowd toward police on the front lines. After what appears to be a heated exchange, de Kuyper lunges at a police officer identi- fied in court documents as Chief of Department Joseph Esp0sito, reportedly the highest-ranking uniformed member of the NYPD. The video shows de Kuyper grabbing the front of the police officer's shirt; court documents state de Kuyper tried to tear the officer's badge offhis uniform. Following his arrest, de Kuyper was charged with fourth- degree attempted grand larceny, second-degree obstruction of governmental administration, re- sisting arrest and disorderly con- duct. In a previous interview, Donna de Kuyper said her husband in- advertently left his .45-caliber handgun and ammunition in his backpack, instead of putting it in his vehicle glove box before en- tering the courthouse. Donna de Kuyper declined to ! Ple e visit us for fun find such as Village of Five Points, ........ ... Lewes, DE . 302-644-4247 comment further on her hus- band's detention. Oliver said de Kuyper and Donna have given the District Attorney's Office full access to cell phones, emails and other electronic devices. He saidhe was confident prosecutors would not find any incriminating evidence: "To date, nothing fishy has popped up," Oliver said. "NEW YORK GUN LAW IS day, March ]2. Until then, Oliver SOME OF THE MOST said the District Attorney's Of- fice could forwardde Kuyper's DRACONIAN IN THE ease to the grand jury or decide COUNTRY." not to indict him. In the meantime, Oliver said - GIDEON OLIVER, LAWYER FOR he's t "mg to reduce the charge JOHN SCOTT DE KUYPER against de Kuyper and get him out of jail, particularly for health During de Kuyper's Feb. 27 reasons. court appearance, Oliver said he De Kuyper has stage IV thy- delayed a grand jury indictment roid cancer, and Oliver said he's on the felony charge by two trying to get him the medical weeks, care he needs. De Kuyper's next court ap- "It's treatable but not curable," pearance is scheduled for Mon- Oliver said. 18385 Coastal Highway 302-644-2500 le/hanyllues.com