| Henry Garcia Sex Offender
Absconder Freed On $10000 Bond In SDNY With
GSP In Shelter
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
June 30 – Henry Garcia was
ordered freed on his own
signature on June 30 by U.S.
District Court for the
Southern District of New York
Magistrate Judge Katharine H.
Parker.
AUSA Jacob
Fiddelman asked for a stay
pending appeal, which
was granted until 4:30
pm.
At 4 pm SDNY
District Judge Andrew L.
Carter heard the appeal. Inner
City Press live tweeted
it.
Judge Carter:
This is a bail appeal, de novo
review.
AUSA Fiddleman:
This is a Violation of
Supervised Release proceeding.
So defendant has to prove by
clear and convincing evidence
he is not a danger to the
community or a risk of
flight.
Judge Carter:
What package did the
Magistrate Judge approve?
Federal
Defender Jennifer Brown:
$10,00 bond, release today on
his own signature. He was to
appear for the VOSR hearing
before Judge Abrams.
AUSA: This was
felon in possession, NYS
statutory rape (15 year old
girl, at 23). The defendant
absconded from Supervision. He
got three months and 18 months
of supervised release. He
absconded again. NYS denied
his request to live in NYCHA
housing. "He left a dummy in
his shelter bed." US Marshals
found him. Judge Parker held a
presentment earlier
today
Federal Defender:
The 15 year old came to his
house with a condom. He wants
to live with his family and
will be able to, in 9 months
when state parole runs out. He
wasn't even there when the
dummy was found in his shelter
bed. He's willing to call his
probation officer every day.
One of the proposed bond
signers works for a law
firm... I'm going out on the
terrace.
Judge Carter: Is
GPS possible in a homeless
shelter?
Probation: Yes.
But there'd be a two week
quarantine requirement.
Judge Carter:
What about the risk to others
of putting him into the
MCC?
AUSA Fiddelman:
BOP has a number of
procedures.
Judge Carter: I
am approving the package of
Judge Parker with the addition
of home confinement with the
understanding of no GPS for 2
weeks of quarantine, and daily
calls to Probation - what time
should that be?
Probation:
11 am daily.
Judge Carter: OK,
he is to be released today. US
Marshal - Assuming he has no
warrants or detainers. Judge
Carter: Yes. We are
adjourned.
The case is US v.
Garcia, 10-cr-98 (Abrams /
Freeman / Carter).
***
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