Sciglitano points to his children and his strong family ties but, admirable as these may be, such factors do little to rebut the presumption of dangerousness from this high level narcotics trafficking-conspiracy. See Rodriguez 950 F.2d at 89. Furthermore, the government proffers wiretap evidence which shows that in his absence, Sciglitano's wife acted as a relay, passing information from Columbian narcotics suppliers to Canadian recipients which was required to complete a narcotics shipment. This evidence convinces the Court that nothing in defendant's plea to be returned to his family rebuts his presumptive danger to the community by virtue of his alleged large scale narcotics trafficking. This evidence likewise clearly goes to the pervasiveness and extent of this defendant's involvement in illegal activity and minimizes his attempts to mitigate the presumptions.
Finally and perhaps most dispositively the government proffers wiretapped conversations indicating that this defendant intended to continue doing business with his Columbian source of supply even after the seizure of forty-five kilograms at the end of this investigation. (See United States' Memo. of Law at 4). Evidence of an intent to continue trafficking, coupled with the presumption of § 3142(e) weighs strongly against Sciglitano in this Court's assessment of the government's showing.
Thus, defendant's failure to rebut the § 3142 presumption coupled with this Court's analysis of the government's clear and convincing evidence regarding the statutory factors in § 3142(g) fully supports the Magistrate's determination that "if released [Sciglitano] would constitute a danger to the community." (See Magistrate Smith's Order of Detention, pt. II). This Court has considered all the foregoing evidence and submissions, as well as the Memorandum of Law and Affirmation of Sciglitano's attorney, and likewise independently concluded that no conditions or combinations of conditions of release will ensure the safety of the community.
Magistrate Judge Smith's order of detention as to Salvatore Sciglitano will remain in effect and for the foregoing reasons, it is hereby
ORDERED, that defendant Sciglitano's motion that he be released on reasonable bail is denied.
Magistrate Judge Smith's Order of Detention as to Carmelo Panzera is vacated and for the foregoing reasons it is hereby
ORDERED, that defendant Panzera be released subject to the following conditions:
1). That he post a $ 200,000.00 collateral bond;
2). That he surrender his passport;
3). That he be placed on Pretrial Services Supervision and report weekly to Pretrial Services;
4). That his travel be restricted in that he not travel outside his home county of ULSTER County, New York, except for: travel to and from Court for appearances connected to this prosecution; travel to and from Pretrial Services for his weekly appearance; and that he travel outside ULSTER County otherwise, only upon advance notification to and with the permission of Pretrial Services;
5). That he does not possess a firearm;
6). That he comply with all additional conditions of release indicated in the Order Setting Conditions of Release which will be prepared at such time as he proffers and receives judicial approval of his collateral Bond.
IT IS SO ORDERED
Binghamton, New York
March 11, 1995
Thomas J. McAvoy
Chief U.S. District Judge
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