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UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY SALERNO, et al., Defendants

No. SSS 85 Cr. 139 (RO)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

1986 U.S. Dist. LEXIS 21123

  
August 27, 1986, Decided   
August 28, 1986, Filed

CORE TERMS: bail, flight, prior conviction, constrained, awareness, sentence

COUNSEL:  [*1]  Rudolph W. Giuliani, Esq., United States Attorney for the State of New York, Michael Chertoff, Esq., John F. Savarese, Esq., of counsel, for Plaintiff. Robert Blossner, Esq., Freeman, Nooter & Ginsberg, Thomas H. Nooter, Esq., of Counsel, for Defendant Anthony Indelicato.

JUDGES: Owen, District Judge.

OPINIONBY: OWEN

OPINION: OPINION AND ORDER

OWEN, District Judge

Mr. Anthony Indelicato, whose term of confinement on a prior conviction comes to an end tomorrow, has moved for the establishment of bail in the above entitled case, U.S. v. Salerno, SSS 85 Cr. 139 (RO). The government opposes bail in this action, which is one and one-half weeks from trial, the trial is estimated to last eight to ten weeks (and perhaps more). The government urges me to deny bail on the ground that the totality of circumstances surrounding Indelicato overwhelmingly -- let alone by a fair preponderance of the evidence, which is the standard -- pose such a risk of flight that no combination of conditions can sufficiently guarantee defendant's presence throughout the trial.

While I am sympahtetic to Indelicato's wish to improve his situation upon completion of the sentence he presently is serving, I am constrained to conclude  [*2]  that the government has made more than sufficient showing to warrant the denial of bail during the trial of U.S. v. Salerno.

Placed before me is undisputed evidence of Indelicato's lack of roots in the community, his substantial ability to secret himself from authorities, his awareness of how to do this through numerous false identifications which he has possessed in the past, his predisposition to ownership of firearms, and his obvious awareness of the workings of the criminal justice system by reason of a prior conviction. Equally important is the fact that Indelicato is charged with being a principal in this case, and with several murders on behalf of what is alleged to be the Commission of Organized Crime in the Greater New York area. These charges carry extremely heavy outer limits of sentencing which I am permitted to consider is assessing what a defendant might or might not do when confronted with such sentence limits based on an indictment duly voted by a Grand Jury.

Given these factors, I find the motivation to flight here to be enormous, the ability to accomplish flight well known to Indelicato, and therefore the risk of some flight utterly unacceptable under these circumstances.  [*3]  Accordingly, I find that no combination of conditions will reasonable assure the defendant's appearance throughout the trial. I therefore am constrained to deny bail.

So ordered.

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