The opinion of the court was delivered by: Clifford J. Proud United States Magistrate Judge
This matter is before the Court on the Government's Motion to Revoke Bond. (Doc. 30).
The title of the motion is somewhat inaccurate, as the Government is not alleging that defendant has violated the terms of his release; thus, the motion is not made pursuant to 18 U.S.C. §3148. Rather, the Government is seeking reconsideration of the order releasing defendant on bond based on information that was unknown to the Government at the time that bond was granted.
On December 10, 2009, the court held a hearing on the Government's motion. The Court applied the standards set forth in hearing under 18 U.S.C. § 3142(f). Based on the proffers, testimony under oath, the exhibit received in evidence, and the indictment, the Court GRANTS Government's Motion to Revoke Bond (Doc. 30) and orders the above-named defendant detained pursuant to 18 U.S.C. § 3142(e) and (i).
The Government presented information about defendant which has only recently come to light as a result of further investigation by U.S. Postal Service agents. This information includes the following:
1. Defendant's voice is audible on a 2001 videotape of a very young girl in a swimming suit.
2. Defendant actually produced, possessed and brought into this district a video on which the genital area of a 10 year old girl is prominent.
3. Defendant's ex-wife stated that defendant had molested her 7 year old niece.
4. Defendant's niece, now 39 (not the niece referred to in paragraph 3 above), was recently interviewed and told Postal Inspectors that she had been molested as a child by defendant, as have three of her four daughters.
In addition, the Government presented the following information which was previously known to it, but was not previously presented to the Court:
1. Defendant's neighbor contacted the U.S.P.S. regarding defendant having taken photographs of a thirteen year old girl. This neighbor has a restraining order against defendant.
2. The Government presented a copy of an order form, signed by defendant, whereby defendant ordered 3 different DVDs depicting a ten year old female engaged in sexual activities. See, Government Exhibit 1.
If the Court had possessed the above information when detention was originally addressed on May 6, 2009, the Court would not have released defendant on bond.
B. Statement of Reasons for the Detention
The Court orders the defendant's detention because it finds: U By a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required.
U By clear and convincing evidence that no condition or combinations of conditions will reasonably assure the safety of any other person and the community.
The Court's findings are based on the evidence which was presented in Court and that which was contained in the Pretrial Services Report, and includes the following:
U (1) Nature and circumstances of the offense charged: