Blaise Messino's violent nature (discussed below) weighs against his assertion of good character.
Accordingly, the court holds that no condition or combination of conditions will reasonably assure the appearance of defendant Blaise Messino as required.
The same sort of evidence of barroom fighting as was available regarding Paul Messino is available regarding Blaise Messino, and the court weighs it in Blaise Messino's case as it did in Paul Messino's.
Blaise Messino also has against him the evidence of the beating of George Thorpe, a potential government witness in this case, allegedly by Blaise Messino and others when he attempted to stop selling cocaine for the conspiracy. Blaise Messino's rebuttal to this most serious charge is to attack the credibility of George Thorpe's reports of the beating by contesting the seriousness of the injury. (Defendant's Submission in Support of Magistrate's Finding that Defendant Blaise Messino Be Released on Bond at 6-10) True, the evidence of the beating would be even more persuasive if the hospital report were more bleak, but the court still finds there is clear and convincing, credible evidence that Blaise Messino took part in the beating of a man, and was motivated by concerns related to the drug conspiracy. Blaise Messino's contention that the Thorpe beating is "grossly exaggerated" is itself an overstatement, and does not contradict the evidence that the defendant was involved in a beating related to the conspiracy. (Blaise Messino's Reply at 6) There is also evidence that, inter alia, Blaise Messino pointed a gun at his girlfriend (Tr. 83), a person the government represents will be a witness, and that he was present at the beating of another woman (Tr. 75-76).
This evidence, combined with the statutory presumption, persuades the court that Blaise Messino's dangerousness warrants his detention pending trial.
The government's emergency motion to seek review of Magistrate Judge Rosemond's orders that defendants Paul Messino and Blaise Messino be conditionally released on bond and the government's motion to revoke said orders are granted. The magistrate judge's release orders are revoked.
Accordingly, it is ordered:
1. That the defendants Blaise Messino and Paul Messino shall remain in the custody of the Attorney General pending further order of the court, or pending trial, whichever occurs first.
2. That the defendants Blaise Messino and Paul Messino each be confined in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal.
3. That the defendants Blaise Messino and Paul Messino be afforded reasonable opportunity for private consultation with counsel.
4. That, on order of a court of the United States or on request of an attorney for the government, the person in charge of the corrections facility in which defendant Blaise Messino or defendant Paul Messino is confined shall deliver the respective defendant to a United States marshal for the purpose of an appearance in connection with a court proceeding.
JAMES H. ALESIA
United States District Judge
Date: JAN 28 1994