Opinion
CRIMINAL NO. 02-236 (ADC), CRIMINAL NO. 02-237 (GAG), CRIMINAL NO. 02-238 (ADC)
August 22, 2002
Warren E. Vázquez, Assistant United States Attorney, For the Government, For Plaintiff.
Harry Anduze-Montaño, Esq., San Juan, Puerto Rico, For Defendant.
ORDER OF DETENTION
The defendants once again stand charged before this Court for violating 18 U.S.C. § 1382 The information filed by the government states that on or about April 9, 2002, defendants trespassed onto waters surrounding Camp García Naval Installation in Vieques, Puerto Rico, a danger zone a described by 33 C.F.R. § 334.2 and 334.1470.
Defendants Cacimar and Pedro Zenón-Encarnación both have identical prior convictions I trespassing onto Camp García (see Criminal Case Nos. 01-321 (JAG) and 01-322 (JAG respectively), and for assaulting a crewmember of a vessel (see Criminal Case Nos. 00-151 (DRD) and 00-155 (DRD), respectively). The Court sentenced them to time served in the trespassing and to fifteen days imprisonment for the other offense. Defendant Regalado Miró-Corcino also one prior conviction for trespassing onto Camp García, for which he was sentenced to a nine r term of probation (see Criminal Case No. 00-171 (HL)).
At the time of the defendants' present act of trespassing, military exercises were indeed conducted in Vieques. See Serrano-Lóz v. Cooper, 193 F. Supp.2d 424, 426 2002) (noting that such exercises were conducted from April 1-21, 2002); United States v. Rodríguez, 196 F. Supp.2d 136, 137 (D.P.R. 2002)(same). Interrupting or threatening to such maneuvers by unlawfully entering Camp Garacía's restricted training area places the security and military readiness at grave risk. See Gonzáilez-Rodríguez, supra at 137; United v. Santiago, 194 F. Supp.2d 82, 83 (D.P.R. 2002). As such, the Bail Reform Act regards such trespasses as a "crime of violence," which can warrant a defendant's pre-trial detention. See Gonzaléz-Rodríguez, supra at 137-138; Santiago, supra at 84.
In the case at bar, the Court finds that defendants' act of trespassing onto the waters surrounding Camp García constitutes a clear danger to the community. This is not the first occasion in which these defendants have trespassed onto Camp García's restricted area. At the time of defendants' current trespass, military exercises were in fact being conducted. Such exercises are set to renew on September 3, 2002, and will last for approximately two weeks.
The Court further finds that there are no conditions of release that will reasonably guarantee the safety of our community and Nation, which is protected by its armed forces. Unlawfully entering Camp García's restricted area on more than one occasion evidences the defendants' continued disrespect for the law. It further leads the Court to conclude that defendants pose a risk of once more engaging in such conduct, notwithstanding their current legal predicament. More so, "allegiance to a cause, no matter how deeply grounded, does not require endless leniency in [the criminal process]". United States v. De Jesús, 277 F.3d 609, 613 (1st Cir. 2002).
WHEREFORE, the Court hereby ORDERS that defendants be DETAINED without bail pending trial.