Daniel Sikkema Is Bailed
While Wanted for Murder of Noted
Art Dealer
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
EXCLUSIVE,
March 20 –
Daniel Sikkema is subject to
an Interpol warrant for the
murder of his estanged
husband, art gallery owner
Brent Sikkema, in Brazil. On
March 20 Daniel Sikkema was
brought by US Marshals into
the U.S. District Court for
the Southern District of New
York Magistrates Court, with
detention sought for passport
fraud. Inner City Press was
the only media there and live
tweeted, thread:
Daniel Sikkema is
here, suspect in killing his
husband in Brazil - but
charged with passport fraud.
US says if he is released on
bail he'll flee.
AUSA: He could
flee to Cuba, where he's a
national and owns several
properties there. The
defendant sent an email
showing he knew the passports
were not lost. We searched his
residence and found evidence.
We want detention
Judge: If he's
convicted, what sentencing
guideline would he get?
Defense counsel: Our view is
different. He was born as
Daniel Carrera - when he
married his husband he changed
his name. He was working for
many years with his husband,
art gallery in NY
Sikkema's
counsel: He was taking care of
his son, whose now 13 years
old. Judge: He's 53 and he's
on Social Security? Sikkema's
counsel: As a surviving spouse
Judge: Who owns
the Fire Island property?
Defense: It's in a trust, the
executor of the estate of his
deceased husband would have to
agree - it is not available.
The elephant in the room is
the Interpol warrant. The
Gov't has given you hearsay
from Brazil
Defense: The
Government tells you the
finger is being pointed at him
for murder. There is a pending
motion to dismiss those
charges. Brazil could seek
extradition - the treaty does
not require extradition of an
American citizen, there would
be a defense
Defense: The
Government brings up the
murder charges, the Interpol
warrant we've been aware of
for a month - he's not going
anywhere. Judge: The passport
fraud offense manifested a
plan, the Government might
say. Defense: We're not trying
the case.
Defense: He
wanted his 13 year old son to
be able to go to Italy with
his soccer team. We have
abundant evidence. He was not
going to go on that trip. And
now he doesn't have the
passports. He has no criminal
record whatsoever. He's know
about the charges
Defense: He
has his passport from Cuba...
He had his passport from
Spain... He could have gone at
any time. Judge: Didn't they
find, this morning, a bag with
his Spanish passport and cash
Defense: Where else do you put
a passport but a bag? If he
wanted to flee
Defense: If
he was willing to flee without
his son he could have weeks
ago, it would have been a lot
easier. All the other reasons
evaporate upon the slightest
inspection
Defense: The
mother owns a home in Queens
with equity of $800,000... She
is willing to put it up.
Judge: Does Mr. Sikkema have
any of his own property?
Defense: No, it's all in the
trust. We propose a bond,
Lucelis Gomez as signer and
owner of the home
Defense:
He's the sole caretaker for
his 13 year old son. Judge:
The son was born here?
Defense: Yes. He goes to
school here. In New York.
Judge: Does he have travel
documents? Defense: There was
a Spanish passportJudge: Would
he be eligible for a non
custodial sentence?
[Apparently, for passport
fraud]
Defense: I could
do research. AUSA: I don't
have a lot of experience with
this charge. Judge: If there
were a pending extradition
request from Brazil, could he
be detained?
AUSA: I'm
not sure. Defense: Upon a
request, there's a presumption
he would be detained, but he
could be bailed. [Echoes of
SBF extradition and deal]
Defense: I just looked up
2L2.2, fraudulent application,
offense level 8, genocide
adjustment does not apply
AUSA:
There's no need to do guess
work he intended to flee - the
lengths he went to get a
passport. His apartment was
ready for him to leave at any
point. The two suretors, the
Government has concerns. One
was his long term employee, he
holds sway
AUSA: When
we thought he might be bailed,
we asked. Defense said he
knows no one else in the
community. He's been here 15
years. His ties are elsewhere.
When the agents went to his
apartment, there were many
family members there - about
three
Defense: He
hired counsel in Brazil -
Judge: I don't want you to
address something new. What
about family members in the
apartment - are they residents
or citizens of the US?
Defense: One is his cousin
Myra. She's not a
citizen. Judge: She has
a green card? No
Defense: The
others in the apartment came
here with what's called
humanitarian parole.
AUSA: I'm done. Judge: This is
a passport fraud case. It's
likely to be a non custodial
sentence. If detained he could
serve time pretrial more than
he'd get if convicted
Judge: He
is a citizen of USA, his
son was born here. He has some
other family ties here. I
can't find that his ties
abroad outweigh his ties
here. [Question: Will
the US Attorney's Office be
asking for a stay to appeal to
the Part I judge? a supervisor
was here
Judge: So I
am releasing Mr. Sikeema on a
$1 million personal
recognizance bond, secured by
the property in Queens subject
to review by the government of
the equity, if it is in the
high 100s of 1000s of dollars.
Owned by Maria L. Gomez
Judge: I direct
Mr. Sikkema be on home
detention and surrender all
passports that remain in his
possession and those of his
son. I direct a mental health
evaluation. He's unemployed
but I direct him to seek
employment. No guns or
weapons.
Judge: He can be
released today on his own
signature
Pre Trial: We
can't put on the GPS bracelet.
Judge: So he will
be held overnight, produced
tomorrow
More details on X
for Subscribers here
and Substack here
The case
24-mj-1146 (Stein)
***
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