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Andrew and Tristan Tate have asked a US federal judge to grant them bail while they await a decision on their extradition to the United Kingdom, according to court documents obtained by TMZ.
The brothers filed a petition on Wednesday, October 8, seeking immediate release on bond. The court has so far declined to set bail pending its extradition decision.
Their lawyers argue that prosecutors have not demonstrated that either brother poses a flight risk or a danger to the community. They also say the brothers have no criminal history in the United States and complied with release conditions during proceedings in Romania.
The petition challenges the presumption against bail in extradition cases, arguing that it rests on a misinterpretation of a 123-year-old Supreme Court ruling. Their lawyers propose electronic monitoring or home detention to ensure their attendance at future proceedings. The brothers were arrested in Miami on July 18 under provisional warrants issued at the UK’s request.
British prosecutors have accused them of r@pe, s3xual assault, human trafficking and other alleged s3x offences relating to conduct between 2010 and 2017. Both deny all allegations. The Crown Prosecution Service announced 32 additional charges against Andrew, including r@pe, trafficking for s3xual exploitation, assault and offences involving indecent images of a child and extreme pornography.
It also announced six additional charges against Tristan, including r@pe, s3xual assault and trafficking for s3xual exploitation. The petition says the brothers complied with Romanian court requirements and travelled internationally without fleeing. Their lawyers also contend that there was no urgent need to arrest them in the United States.
Since their arrests, they have been held in the Special Housing Unit at Miami’s Federal Detention Center. Their lawyers allege that conditions include limited recreation, one telephone call a month, no television and restricted commissary access. The UK’s formal extradition request was filed on October 5. No hearing had been scheduled at the time of the report.
