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Defendant Facing 5 Years in Prison Detained, Defendant Facing 500 Years in Prison Released

Bruce Zaccaria was detained without bail for his role in the recent Texas steroid bust that resulted in the indictment of dozens of individuals on state and federal felony charges. Zaccaria was not considered a flight risk but current U.S. bail law allows for pre-trial detention if the defendant is dangerous to the community.

U.S. Magistrate Judge Calvin Botley ruled that Zaccaria is a “danger to the community” and that there was nothing that could possibly protect the community from this dangerous person if he were released on bail. The purpose of the bail law reform was to protect the community from murderers, terrorists, rapists, and other violent criminals; individuals who use dangerous firearms and destructive devices to commit felonies; and, consistent with contemporary drug war hysteria, drug dealers who face more than 10 years in prison if convicted.

Bruce Zaccaria has not been charged with any of the aforementioned crimes. Zaccaria was charged with one count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” which only carries maximum penalty of up to 5 years in prison.

The magistrate judge’s sole stated reason for throwing Zaccaria in jail without bail was the alleged purchase and distribution of 250 vials of anabolic steroids to bodybuilders who were members of a Houston-area 24 Hour Fitness. Clearly, having bodybuilders using steroids a local gym to increase muscle mass and improve their physical appearance is one of the most dangerous threats facing our society. If the magistrate judge felt that Zaccaria was a danger to the community, imagine how concerned he must have been for the safety of gym members at 24 Hour Fitness. Houston-area residents must be thrilled to learn that 24 Hour Fitness is safe from Bruce Zaccaria.

R. Trent Gaither, Zaccaria’s defense attorney, suggests that the government may have arbitrarily and capriciously detained Zaccaria while inexplicably releasing most of his co-defendants facing similar, multiple or much more serious charges, including those who sold more dangerous drugs such as MDMA and hydrocodone.

Gaither does not understand how his client can be detained since he represents a “danger to the community” yet the alleged ringleader of the conspiracy, Brock Falkenhagen, has been released on a $75,000 unsecured bond. Falkenhagen was charged with 44 counts and faces approximately 500 years in prison if convicted on all charges which involve not only anabolic steroids, but also human growth hormone, MDMA (ecstasy), and hydrocodone.

“Upon what theory is lodged and explained the notion that the alleged kingpin of the organization, who arguably is subject to about 500 years in prison, less dangerous than one whose maximum exposure is 5 years?” posited Gaither in court documents. “This is, of course, not limited to just Falkenhagen. One can go down the list and easily come to the Alice in Wonderland-ish conclusion that the defendant who has among the least exposure is somehow considered by the government to be the most dangerous, and the individual who has, under the government theory, demonstrated his capacity for all kinds of evil doings, yet is apparently not all that dangerous.”

Bruce Zaccaria was one of four defendants charged with a single count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the 46 count Falkenhagen indictment. The other three co-defendants faced identical steroid-related charges but were quickly released on either $50,000 or $75,000 unsecured bond. They remain free while awaiting trial.

Bruce Zaccaria’s pre-trial detention (based on “danger to community” concerns) appears even more arbitrary and capricious when compared to a similarly charged co-defendant who was immediately released on a $50,000 unsecured bond despite purported evidence of “large quantities of different types of anabolic steroids” in his possession when he was arrested. Prosecutors subsequently offered this as proof that “he had not discontinued his use of illegal drugs between the “end” of the charged conspiracy period and his recent arrest”.

In contrast, Zaccaria was not involved with any illegal drugs since the conclusion of the conspiracy period in September 2007. Nonetheless, Zaccaria was considered a “danger to the community” but his fellow co-defendant was not. U.S. District Judge Lynn Hughes even saw it reasonable to allow the temporary return of his passport so he could get married and honeymoon in the Caribbean this summer.

Bruce Zaccaria will remain detained at the Joe Corley Detention Facility while most of the co-defendants will be able to celebrate (and even party in the Caribbean) over the Fourth of July weekend. The disparity in pre-trial treatment exists even thought the three co-defendants face the identical charge of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the same superceding indictment to be tried in the same Houston federal courthouse.

Trent Gaither, Zaccaria’s attorney, was “mystified” by the detention order affecting his client especially when the ringleader, and presumably the most dangerous threat to the community based on the magistrate judges’ rationale, was granted bail

Gaither acknowledged that Zaccaria’s criminal history included two DUI convictions in 2008. Gaither noted that Magistrate Botley signaled they would not be a determining factor in the detention. Even as a consideration, Zaccaria’s past problems with alcohol “do not rise to the level of convincing evidence that he is a danger”. Zaccaria’s pre-trial detention and “danger to society” was solely based upon his purchasing and distribution of anabolic steroids at a local gym.

Trent Gaither, on behalf of his clients, has filed a motion requesting the Court rescrind the detention order and release Zaccaria on unsecured bond.

Sources

United States of America vs.Bruce D. Zaccaria: Zaccaria’s Motion to Reconsider, Rescind Detention Order, and Order Pretrial Release filed in U.S. District Court for the Southern District of Texas Houston Division on June 23, 2009.

United States of America vs.Bruce D. Zaccaria: Order of Detention Pending Trial filed in U.S. District Court for the Southern District of Texas Houston Division on June 3, 2009.

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com