furnished, pursuant to order of the court, essentially all the documents
it will rely upon and an outline of its testimonial case.
Given the circumstances of the case, it was the court's view that
conditions of incarceration of the defendant and the nature of the case
made it unlikely that due process could be served without some form of
release. Due process rights of the defendant have been temporarily
protected at substantial cost to the judicial system, by assigning a room
in our already overburdened court house where she is brought early each
morning from jail, works all day on scores of boxes of documents under
guard of at least two marshals and then is returned to jail at the end of
Because of winter conditions and her need for kosher food, the court
has had to intervene to ensure that she obtains proper nutrition as well
as adequate clothing during transportation. She shows signs of physical
and emotional deterioration as a result of her incarceration.
Defendant has been held awaiting trial for sixteen months. The delay
was not caused by her. In large part it was necessitated by the need to
assemble and transport many boxes of defendant's company files from
Panama where they had been seized by the Panamanian government.
The trial will take up to a month and will begin a month from now.
Unless defendant is released she will have been incarcerated for eighteen
months, while presumed to be innocent, in a foreign land, separated from
The court has ordered the names of a number of prospective witnesses
kept secret until trial to protect them. The defendant's release does not
add to the dangers to these or any other witnesses. The threat comes from
traffickers in drugs who she cannot influence.
The court, pursuant to the order of the court of appeals, puts aside
considerations of the conditions of defendant's health and her ability to
prepare for trial properly. It is deciding whether to grant release solely
on the issue of whether the "combination of conditions [now imposed by
the court] would reasonably assure Hebroni's appearance as required."
The court finds that there is no reasonable possibility that given the
terms imposed, during release she "will endanger the safety of any other
person or the community." 18 U.S.C. § 3141(b).
The probability of success of the government's case has been
considered. This factor is relevant in deciding whether a defendant is
likely to wish to flee or to stay and defend. A conviction will result in
the loss of millions of dollars in assets seized by the governments of
the United States and Panama. In effect, conviction would lead to
defendant's financial ruin.
A date for trial and for sentence has been fixed. Defendant has been
warned that fleeing will result in her being tried in abseutia,
increasing the possibility of conviction. Should she be successful in
fleeing, defendant as well as her sureties would suffer the most serious
consequences. Were she extradited (which is assumed to be unlikely) or
apprehended after attempting to flee, the penalties would result in a more
severe term of imprisonment and probably in loss of all her assets. These
risks make it unlikely that she will wish to violate the conditions of
The alleged criminal scheme alleged is wide and serious. The indictment
has now been superceded and strengthened as a result of the court's
suggestions so that it can be assumed, for present purposes, to state a
valid criminal cause of action. The proof will necessarily be primarily
upon documents in a number of languages showing transactions in many
countries. Authentication and interpretation of these documents will be
difficult. There are a large number of documents which have been moved
from their natural setting in defendant's Panama business establishment;
many are in disarray. Given the government's burden and the jury's
probable capacity, it can be predicted that probability of the
government's proving guilt beyond a reasonable doubt is substantial, but
far from certain.
As a condition of release defendant has been ordered not to commit a
federal, state, or a local crime during the period of release.
18 U.S.C. § 3142(c)(A). That includes absconding and not being
present when the trial begins or when the court orders an appearance.
The court has considered the criteria in paragraph (B) of subdivision
(c) of Section 3142, described below:
(i) The court's Pretrial Services agency is directed
to take custody of defendant and to assure the court
that she at all times will appear as required. It
shall immediately inform the court of any violation of
the terms of bail and of any changes in the terms of
release desirable to assure the defendant's presence
(ii) Maintenance of employment is not necessary
since the defendant will be completely employed in
preparing for trial.
(iii) Defendant is sufficiently educated for
purposes of release.
(iv) Defendant shall not leave the county of Queens
except in traveling to and from the court and her
attorneys' offices in Manhattan by car service. She
shall reside at 137-24 70th Avenue, Flushing, N.Y.,
2nd floor, or at another address approved by Pretrial
The defendant shall be under house arrest. She shall wear an electronic
device to permit her tracing. Defendant shall pay for the cost of
She shall pay for a telephone which may be monitored by the
government. She shall have no cell phone in her apartment or in her
possession. The government may record any phone call made from or into her
apartment except those to and from counsel.
Her five year old son and a relative may live with her and be present
in the apartment, but they shall not be subject to house arrest. They are
now in this country, having recently arrived from Israel in anticipation
of defendant's release. The son and relative may leave the house, but
they shall give Pretrial Services at least 24 hours notice before they
leave the country.
(v) She shall avoid all contact with any person who
participated in the alleged crime or any prospective
witness except with permission of the court. This
limitation on contact with prospective witnesses does
not apply to her attorneys.
(vi) She shall report to Pretrial Services by
telephone daily or as required by that agency.
(vii) She shall not be out of her apartment, even in
connection with legal services, from 8:00 P.M. to 7:00
(viii) She shall refrain from possessing a firearm,
destructive device, or other dangerous weapon.
(ix) She shall not imbibe alcohol or any drug,
except for over-the-counter medication for headache or
other common ailments, or as prescribed by a doctor.
(x) She does not require medical, psychological
or psychiatric treatment.
(xi and xii) She shall furnish a bail bond with
solvent sureties. The magistrate judge shall take
steps, after hearing, in
writing, to assure that the requirements of xi and xii
of paragraph (B) of subdivision (c) of section 3142 of
Title 18 are complied with. (The magistrate judge has
conducted the necessary hearings.)
The defendant will execute a $10 million personal appearance bond
cosigned by four persons: her mother, Pradessa Mizrahi; her
brother-in-law, Rahamin Yakov; her sister-in-law's mother, Ruth Gabay,
and her friend, Herzel Por.