The 24-year-old Fitial, who was arrested by federal agents and local police on Friday, is being held in custody of the U.S. Marshals Service without bail.
Fitial denied the charge of one count of deprivation of rights under of color of law during the hearing in federal court yesterday.
Visiting Senior Judge Consuelo Bland Marshall of the Central District of California granted the federal government’s motion to hold Fitial without bail.
Assistant U.S. Attorney Eric O’Malley presented FBI agent Haejun Park as the prosecution’s witness.
In moving for detention without bail, O’Malley said there is no amount of combination of pretrial release conditions that can ensure the safety of the community, particularly minors.
In his testimony, Park said Fitial is a danger to community because the defendant, in a recorded phone conversation, threatened a witness.
Park said in the first sexual abuse case, Fitial used physical and verbal violence against his victim.
Another minor, Park said, was sexually assaulted by Fitial, and this incident is now being investigated by the FBI.
O’Malley moved for Fitial’s detention without bail on three grounds: nature of the crime, pattern of predatory behavior, and explicit threats to witness.
Fitial’s court-appointed attorney Loren Sutton said he will file a motion for modification of bail in the future.
Marshall said it should be filed no later than June 30, 2010.
Marshall also granted O’Malley’s oral motion to give explicit orders to the Department of Corrections that Fitial should not be released or granted furlough in any way except for medical assistance, with prior notice to the court or the U.S. Marshal, or with the court’s approval.
Marshall also directed Fitial not to have any contact with any potential witnesses in the case.
Fitial’s jury trial will start on Aug. 9.
