Harvel bid for release denied

Jun. 23—Michael Harvel has again been denied release from federal custody as he awaits a December trial date on an 10-count indictment alleging sexual assault of multiple women.

Harvel, the former solid waste supervisor for Cumberland County, is accused of sexually assaulting women he supervised at the county's recycling center between 2015 and 2018.

Havel appeared before Magistrate Judge Alistair Newbern by videoconference June 15, asking the judge to reopen his detention hearing. Newbern ruled the hearing will not be reopened and Harvel will remain detained pending his trial.

Harvel has been held in federal custody since July 2021 when the federal indictment was served. A motion seeking his release in October 2021 was denied.

The federal indictments allege Harvel sexually assaulted multiple victims who worked at the county recycling center, several of whom were previously sentenced to court-ordered community service at the site. Prosecutors allege Harvel acted under the color of law as their supervisor and a county official to deprive them of their rights under the U.S. Constitution, including the right to bodily integrity. Individual charges include allegations of aggravated sexual abuse and other acts of sexual assault.

The charges carry a maximum sentence of life in prison.

In the new motion, attorneys seek home confinement, monitored by GPS tracking. This would alllow for Harvel to assist with the care of his father-in-law, who is in declining health, and to manage his diabetes.

Harvel could be released either to his Cumberland County home or the home of his son in Carthage, TN, attorneys argued.

Federal prosecutors opposed Harvel's release ahead of the trial, stating that the motion to reopen the hearing does not offer "new information" on the court's earlier ruling.

Both the issue of Harvel assisting with his father-in-law's care and managing his diabetes were part of the October detention hearing, they said.

Prosecutors had argued last fall that Harvel posed a danger to the community if released ahead of the trial.

In the latest motions, prosecutors said that allowing Harvel to live in Carthage negated the argument he should be released to help care for his father-in-law, who lives in Cumberland County. They also noted GPS monitoring would require a probation officer to monitor Harvel's real-time location and know the location of numerous victims in the case.

"This level of supervision is simply not feasible outside a custodial setting, and GPS monitoring would do little to ensure the safety of the community," prosecutors wrote. "The GPS monitoring was certainly a condition of release available to the Magistrate Court and to this Court at the earlier detention hearing, and both courts rejected it as a solution to ensuring the safety of the community. The defendant has presented nothing in his renewed motion for release that changes the calculus."

Harvel is scheduled for trial Dec. 6, 2022.

Harvel was removed from his position in 2018 following an indictment on state charges of official misconduct, sexual battery and assault. He was placed on administrative leave by the county and dismissed in February 2019.

The county settled a federal civil lawsuit in March 2021 that claimed the county failed to take adequate actions to protect employees and community service workers from sexual harassment by Harvel during his time as director. Four individuals filed charges against the county with the Equal Employment Opportunity Commission.

The county paid a $1.1 million settlement that was split among 10 individuals with amounts ranging from $50,000 to $190,000.

It also completed a review of its policies, incorporating changes sought by the U.S. Department of Justice including annual training on sexual harassment and how to report sexual harassment.

Heather Mullinix is editor of the Crossville Chronicle. She covers schools and education in Cumberland County. She may be reached at hmullinix@crossville-chronicle.com.