United States v. Paulino

• Decision Date: 16 August 2018
• Docket Number: 18-MJ-5372
• Citation: 335 F.Supp.3d 600
• Parties: UNITED STATES of America, v. Ramon PAULINO
• Court: U.S. District Court — Southern District of New York

335 F.Supp.3d 600

UNITED STATES of America,

v.Ramon PAULINO,

18-MJ-5372

United States District Court, S.D. New York.

Signed August 16, 2018

Sarah Mortazavi, United States Attorney's Office, New York, NY, for United States of America.

MEMORANDUM OPINION ADDRESSING REMAND ORDER

ANDREW L. CARTER, JR., United States District Judge

Honoring the presumption of innocence is often difficult; sometimes we must pay substantial social costs as a result of our commitment to the values we espouse. But at the end of the day the presumption of innocence protects the innocent; the shortcuts we take with those whom we believe to be guilty injure only those wrongfully accused and, ultimately, ourselves.

Throughout the world today there are men, women, and children interned indefinitely, awaiting trials which may never come or which may be a mockery of the word, because their governments believe them to be "dangerous." Our Constitution, whose construction began two centuries ago, can shelter us forever from the evils of such unchecked power. Over 200 years it has slowly, through our efforts, grown more durable, more expansive, and more just. But it cannot protect us if we lack the courage, and the self-restraint, to protect ourselves.

- Justice Thurgood Marshall, dissenting in United States v. Salerno , 481 U.S. 739, 767, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987), joined by Justice William J. Brennan Jr.

INTRODUCTION

No deep reading of history books is necessary to know that widespread pretrial detention is a relatively recent development in American law. A district judge's consideration of a defendant's danger to the community in deciding whether to set bail is a similarly new innovation. Indeed, because, dating back to the English common law until just a few decades ago, pretrial detention was limited to the question of whether the Defendant would return to court, orders of detention were exceedingly rare.

A more common thread over time, however, is that, both historically and under our current system, the Government has always borne the burden of persuading the Court that pretrial detention is necessary. Within our current federal system, the Court can immure a pre-trial defendant if the Government proves that the defendant presents a risk of flight or a danger to the community. Under risk of flight, the Government must prove, by a preponderance of the evidence, both that a defendant presents a risk of flight if not detained and that there are no conditions which will reasonably assure the defendant's presence if she is released. Under dangerousness, the Government must prove, by clear and convincing evidence, not only a defendant's potential danger to the community, but also that no conditions can reasonably assure the safety of any other person and the community. This quite meaningful showing will only apply to a limited number of individuals. This onerous standard also reflects an acknowledgment that as Justice Marshall opined, a defendant's interest in maintaining her liberty before trial is paramount, and an essential component of protecting the presumption of innocence. Due to the tremendous stakes involved, an assessment of whether an individual must be detained before trial must be conducted on a case-by-case basis.

Synthesizing these essential principles, the obvious conclusion is that courts must be vigilant not to unduly rely upon a proffer of a set of accusations and weighty evidence in support thereof to substantiate an order of pretrial detention. After all, in this District, among many others, such a strong proffer is typical. Rather, a careful balancing of all of the relevant factors is essential to ensuring that not even one defendant is unnecessarily deprived of her interest in liberty pending trial, all while protecting the community at large, and, by extension, ensuring the integrity of and respect for the criminal system.

On June 25, 2018, I heard the Government's appeal of the duty magistrate's decision to grant bail to Ramon Paulino, the sole defendant in this matter ("Paulino" or "Defendant"). Although I concluded that the Government had not met its burden in this case, I do not take these allegations lightly. They involve the Defendant and fellow gang members assaulting a minor on the side of a highway in broad daylight. It goes without saying that these activities are dangerous. What the Government has failed to provide, however, is sufficient evidence demonstrating that there are no conditions, such as home incarceration and electronic monitoring, that will reasonably assure the safety of the community. They further failed to demonstrate, for reasons set forth herein, that conditions could not be put in place mitigating any flight risk he presented.

Following my decision, the Government took another appeal to the Court of Appeals for the Second Circuit. On July 30, 2018, the Circuit remanded the case with instruction to elaborate on my rationale for granting bail. This memorandum opinion now expands upon my earlier ruling.

BACKGROUND

A. The Charges

This case arises out of a multi-year, ongoing investigation in this District of a gang known as the "Trinitarios," operating in the New York City area and elsewhere and comprised primarily of males of Dominican descent. Complaint ("Compl.") ¶ 6. The Trinitarios have certain measures to ensure the loyalty of their membership, Compl. ¶¶ 8a–8d, and have rivalries with other gangs in the New York area. Compl. ¶ 8e. Their ongoing rivalry with the "Bloods" gang has resulted in fights both in prison and on the streets. Compl. ¶ 8e. Many members of the Trinitarios sell narcotics in the area and smuggle drugs into prisons. Compl. ¶ 8f.

On June 18, 2018, a passenger in a car travelling near the East Gun Hill Road Exit of the Bronx River Parkway in the Bronx, New York observed, and produced video footage of, approximately twelve individuals, among them Paulino, beating and stabbing a minor victim (the "Victim") during the day in the median strip of the multi-lane highway. Compl. ¶ 9; see Video of Incident. The Victim was a member of the "Grizzlies," a set of the "Bloods" gang. Compl. ¶ 13. As corroborated by the bystander's video and further photographs, an eyewitness identification via a photo array, as well as a confession later obtained from Paulino, Paulino lifted a piece of wooden debris over his head and slammed it downward two times in the vicinity of where the Victim was lying. Compl. ¶ 10, 15, 16; see Video at 00:02–00:06.¹ The eyewitness observed Paulino actually hitting the Victim with the debris. Compl. ¶ 15. At the end of the video, an individual appearing to be the Victim gets up and starts to walk away from the scene. Video at 00:10-00:19.

After several bystanders called 9-1-1, law enforcement officers responding to the scene observed a group of individuals, including Paulino, running away from the location of the assault. Compl. ¶ 14. The NYPD arrested Paulino and transported him to the precinct, where he was Mirandized , interviewed, then released. Compl. ¶¶ 14, 16. Paulino admitted that he was in a park adjacent to the location of the assault with various members of the Trinitarios, before they chased after the Victim and he followed. Compl. ¶ 16b. He admitted to witnessing the assault of the Victim, but he denied participating in it. Compl. ¶ 16a-c.

According to hospital personnel, the Victim was stabbed approximately thirteen to sixteen times, with stab wounds in his lung and kidney. Compl.¶ 11a. The Victim went into cardiac arrest on the way to the hospital, but was revived, and later received emergency surgery to address his wounds. Compl. ¶¶ 11b–c. Friends of the Victim later indicated that a high-ranking Trinitarios member had ordered a "hit" on the Victim on account of a dispute between the Victim's girlfriend and a female member of the Trinitarios. Compl. ¶ 12.

On or about June 21, 2018, Paulino was re-arrested, Mirandized , and agreed to be re-interviewed by investigators. Compl. ¶ 16. Paulino again denied having participated in the assault, but after being shown the bystander's video, he admitted his involvement, and that he was the one swinging the wooden debris near the Victim. Compl. ¶ 16c. Although initially denying membership in the Trinitarios, he later admitted it. Compl. ¶ 16d.

On June 22, 2018, the Government filed a criminal complaint charging Paulino with one count of assault with a deadly weapon in aid of racketeering ( 18 U.S.C. §§ 1959(a)(2), (3) ). Compl. ¶ 1.

B. Mr. Paulino's Personal Characteristics and Criminal History

Paulino was born in New York City and was 21 years old at the time of the offense. Pretrial Services Report at 2. He spent a significant portion of his childhood—from 1998 to 2009—in the Dominican Republic with his father, three paternal siblings, and other extended relatives. Id. However, for the last nine years, Paulino has resided with his mother, sister, and niece at his mother's apartment in the Bronx. Id. Paulino's mother stays at home during the days. See 6/25/18 Tr. at 28:9–11. In addition to other family ties in New York City, Paulino also has family residing in Massachusetts and Virginia. Pretrial Services Report at 2. Paulino reported that he has an expired U.S. passport, and that he has traveled only to the Dominican Republic. Id. He is expecting his first child in October 2018. Id.

Paulino reported no significant physical or mental health issues, other than asthma as a child. Id. He further disclosed weekly use of cannabinoids, beginning at age 17. Id. at 3. He previously worked as a delivery person for Haina Restaurant in the Bronx, and before that as a construction worker, but had been employed for approximately four months leading up to his arrest. Id. at 2. He did not report any financial information. Id.

Turning to the Defendant's criminal history, on June 10, 2014, at age 17, he was arrested in the Bronx for criminal mischief and possession of burglar tools. Id. at 3. On August 12, 2015, he was convicted upon...