WILKES-BARRE - A former Shenandoah police captain no longer should be subject to home detention pending his federal trial, a judge decided Monday.
youth jerseys jerseysJamie Gennarini will be free from electronic monitoring before his trial on charges he used his position in law enforcement to extort money, Senior U.S. District Court Judge A. Richard Caputo ruled at the end of a 30-minute hearing at the Max Rosenn United States Courthouse.
"I don't see a risk of flight here," Caputo said.
Gennarini, 37, of Shenandoah, said nothing during the hearing, instead sitting quietly while his lawyer, Federal Public Defender Gino A. Bartolai Jr., argued that prosecutors failed to prove he should remain in his home detention, which includes electronic monitoring and a ban on leaving his house except for work and other limited circumstances.
"Home confinement is no longer warranted," Bartolai told Caputo.
A federal grand jury indicted Gennarini on Dec. 10 on three counts of obstructing commerce and one each of conspiracy against rights and deprivation of rights.
Prosecutors allege Gennarini extorted money from a local businessman and his family.
Former Shenandoah police Chief Matthew R. Nestor also faces charges in connection with the same incident. Caputo has not set a trial date for them.
However, Gennarini, unlike Nestor, no longer faces home detention until that trial date.
U.S. Magistrate Judge Malachy E. Mannion on Dec. 22 had ordered home detention for each man until the Air force one low trial started.
Bartolai successfully argued that the federal Bail Reform Act requires Gennarini to be free pending trial unless prosecutors can show he should not be.
"The conditions should be the least restrictive to ensure the appearance of the defendant and to protect the community," he said.
Bartolai said Gennarini is an honorably discharged Army veteran, is married with two children and continues to work. Furthermore, Gennarini has resigned from the police force and surrendered his passport, according to Bartolai.
"They have a very stable home environment. There's no indication here that he's a risk of flight or a danger to the community," Bartolai said. "There's no way he can abuse any type of authority."
Myesha K. Braden, a trial attorney with the U.S. Department of Justice, argued that home detention has worked and is still necessary.
She termed the conditions "very, very limited type of confinement," said there is no evidence they posed any "unnecessary hardship" for Gennarini and argued that the charges against him must be considered.
"The court is well aware of the weight of the evidence against the defendant," Braden said. "We can't stand here in a vacuum."
However, Caputo concluded that home detention is no longer appropriate for Gennarini.
"He's not someone in authority any more," Caputo said. "Mr. Gennarini is only accused. He no longer has a passport. He no longer has a weapon."
Bartolai and Braden each declined to comment after the hearing on Caputo's order.
Caputo earlier this month ordered an end to home detention for two other former Shenandoah police officers, William Moye
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