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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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