Other terms and conditions are “to be set forth to satisfy the balance of the security and the conditions the court believes are necessary to reassure the appearance of [Hocog] and to ensure the safety of the community,” Wiseman said in his written order.
He added: “The court finds that these are the minimum conditions that will reasonably assure the appearance of [Hocog] and will ensure the safety of the community. The release of defendant Hocog on any other terms, at this time, would be inadequate to protect the community and prevent the risk of flight of the defendant.”
Wiseman said the court can modify some of Hocog’s release conditions in view of the “concerned citizen” factor, “since this tends to reduce the weight of the government’s evidence against the defendant.”
But the concerned citizen factor, Wiseman said, “standing alone is inadequate to modify any substantial conditions” for Hocog’s release.
The prosecution, according to the defense, cannot produce the name or identity of the concerned citizen.
The government, when asked by the court, “conceded that it did not have the ‘concerned citizen’ that it previously thought it had,” Wiseman said.
After reviewing the written briefs and hearing the oral arguments of Assistant Attorney General Brian D. Gallagher, the prosecutor, and attorney Joaquin DLG. Torres, who is representing Hocog, Wiseman noted that the weight of evidence against the defendant is “substantial.”
Hocog, who turned 18 while in prison, is being held on kidnapping and rape charges, together with Joseph Cabrera Camacho Jr., 31; Ivan Jones Castro, 33; and Angel Jess Santos, 21.
The defendants have denied the charges against them, except for Santos who had already signed a plea agreement and admitted the charge of conspiracy to commit sexual assault in the first degree in kidnapping and raping a 16-year-old Kagman student last June.
The court imposed a $100,000 bail on each of the defendants and they remain incarcerated at the Department of Corrections facility.
