David Fry filing emergency motion for pretrial release

The judge said he remains concerned about Fry's mental instability

David Fry in his mug shot after being arrested for occupying the Malheur National Wildlife Refuge, Feb. 11, 2016 (Multnomah County Sheriff's Office)
David Fry in his mug shot after being arrested for occupying the Malheur National Wildlife Refuge, Feb. 11, 2016 (Multnomah County Sheriff's Office)

PORTLAND, Ore. (AP) – The last holdout during the occupation of a wildlife refuge in Oregon continues to try to get out of jail before trial.

The attorney for David Lee Fry served notice Wednesday that he intends to file an emergency motion with the 9th U.S. Circuit Court of Appeals.

A federal judge in Portland last week denied Fry’s most recent attempt at pretrial release.

Judge Robert Jones said he remains concerned about Fry’s mental instability, suicidal statements at the time of his surrender and that he traveled to Oregon during the Ammon Bundy-led protest in violation of the conditions of his probation.

Fry strongly disagreed with the decision, calling the judge a liar and other names as he was led from the courtroom.

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