Judge Marilyn L. Huff of the Southern District of California said she is in agreement with the previous judges that have ruled on this matter, and concluded that Fitial’s “continued detention is appropriate.”
Her detention order can be reviewed “if new information comes forward at anytime,” Huff said.
Regarding the defense argument that Fitial should be on pretrial release as a result of the second batch of DNA results, Huff said the laboratory report has nothing to do with whether the court is concerned about the safety of the community or the danger to the alleged victims.
Huff said there is no condition or set of conditions that will reasonably assure the safety of any person or the community if Fitial is released from custody.
She noted that during the previous detention hearings, Fitial’s first defense attorney was able to cross examine a Federal Bureau of Investigation agent who testified that the defendant was audio-recorded talking to a cooperating source and threatening the witness/victim.
The federal charges against Fitial include violation of the victim’s civil rights and enticement of a minor, while the charges filed in local court focused on the sexual assault of the victim.
The prosecution said Fitial beat up and kick a victim to force her to perform sexual acts with another victim while the defendant watched them.
Another victim had sexual contact with Fitial, the prosecution added.
All victims were wards at the Kagman juvenile center.
Fitial, who has denied the charges, has been in detention since June 11, 2010.
Fitial is being represented by Joseph James Norita Camacho, while Assistant U.S. Attorney James J. Benedetto is prosecuting the case.
Attorney Bruce Mailman, one of the guardians ad litem, was present during yesterday’s hearing, as well as officers from the U.S. Probation Office.
Mailman and the U.S. Probation Office opposed Fitial’s release.
Fitial’s mother, his common-law wife and other family members also attended the hearing.
Fitial’s jury trial is scheduled to begin on April 18, 2011.
