Free Motion for Bond - District Court of Colorado - Colorado

Case 1:04-cr-00403-LTB

Document 605

Filed 03/03/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-CR-403-B UNITED STATES OF AMERICA, Plaintiff, v. 5. JOSE ALFREDO ZAPATA, et al, Defendants. ________________________________________________________________________ RENEWED MOTION FOR RELEASE ON BOND AND REQUEST FOR PROMPT HEARING THEREON ________________________________________________________________________ Comes now Defendant Jose Alfredo Zapata, through counsel, Richard J. Banta, and, pursuant to Rule 47, Fed. R. Cr. P., and 18 U.S.C. § 3142, respectfully moves the Court for an Order granting this Motion. In support of such Motion, Defendant states the following: 1. Defendant was indicted on September 21, 2004 along with 18 other individuals for violating federal drug laws. 2. Defendant has been in custody since his arrest in August of 2004. 3. The Court at Defendant's previous bond hearing stated it would not consider the issue of bond as long as there was a detainer lodged against Defendant with the possibility that Defendant would be deported. 4. Defendant's family has engaged the services of immigration attorney Sandra Saltrese to review the issue of the deatainer and deportation. 5. Ms. Saltrese has confirmed that if Defendant is given bond in this case he will most likely be released on the detainer, and will not be deported.

Case 1:04-cr-00403-LTB

Document 605

Filed 03/03/2006

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6. Attached to this Motion is a letter to present counsel setting forth the basis of her opinion (Attachment A). 7. Ms. Saltrese will be available to testify either by phone or in person at a hearing on this motion; however, Ms. Saltrese will be out of the State of Colorado from March 18th 2006 thru April 8th, 2006 and thus unavailable during that time. 8. Numerous other Defendants with the same or similar degree of alleged culpability have been released on bond, including Ramon Zapata, Arnolodo Zapata and Sergio Zapata. 9. The family of Jose Alfredo Zapata is prepared to post a bond secured by property substantially similar to the bond posted by Sergio Zapata. 10. Defendant's alleged role in the alleged offenses set forth in the Indictment does not appear to be any more egregious than those of released Codefendant's. 11. While Defendant acknowledges that there is a presumption against release because of the statutory minimum sentence required upon a conviction, he submits nonetheless there are a combination of factors that will assure his appearance and the safety of the community. 18 U.S.C. § 4142(d). 12. Defendant has been in the United States lawfully since 1975; he has no significant ties to Mexico. 13. He has a wife who lives in El Paso, Texas. 14. He has four children who also live in the United States.

Case 1:04-cr-00403-LTB

Document 605

Filed 03/03/2006

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15. Defendant through counsel will be in a position to present evidence and make arguments in support of this Motion at a hearing. 16. Defendant's continued detention implicates his Fifth Amendment Due Process rights. Cf. United States v. Theron, 782 F.2d 1510 (10th Cir. 1986). 17. Assistant U.S. Attorney Stephanie Podolak opposes this Motion. Wherefore, Defendant Zapata respectfully prays that the Court enter an Order granting this Motion, and granting such further relief as the court deems just and proper.

Respectfully submitted,

/s/Richard J. Banta____ Richard J. Banta, PC 1361 Elizabeth St. Denver, CO 80206 303-860-8048

CERTIFICATE OF SERVICE I hereby certify that on March 3rd, 2006 I electronically filed the foregoing motion with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
· · · · · ·

Mitchell Baker [email protected] [email protected] Thomas K. Carberry [email protected] James A. Castle [email protected] [email protected] Lisabeth Perez Castle [email protected] [email protected] Robert Justin Driscoll [email protected] [email protected] Charles W. Elliott [email protected] [email protected]

Case 1:04-cr-00403-LTB

Document 605

Filed 03/03/2006

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· · · · · · · · · · ·

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Martha Horwitz Eskesen [email protected] Jennifer L. Gedde [email protected] Daniel P. Gerash [email protected] [email protected] Walter L. Gerash [email protected] [email protected] Mark Cameron Johnson [email protected] Forrest W. Lewis [email protected] Donald L. Lozow [email protected] Neil E. MacFarlane [email protected] Jeffrey S. Pagliuca [email protected] [email protected] Lynn Anne Pierce [email protected] Stephanie Podolak [email protected] [email protected];[email protected] Scott T. Poland [email protected] Michael Gary Root [email protected] James F. Scherer [email protected] Harvey Abe Steinberg [email protected] [email protected] John F. Sullivan, III [email protected] Richard L. Tegtmeier [email protected] [email protected] E. Richard Toray [email protected] [email protected] Jonathan S. Willett [email protected] [email protected] Earl Sherwood Wylder [email protected] [email protected]

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Document 605

Filed 03/03/2006

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and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery) indicated by the nonparticipant's name:
Angelica B. Carreon Angelica B. Carreon, P.C. 210 North Campbell El Paso, TX 79901 Lucia Consuelo Gallery Isaacson Rosenbaum, P.C. 633 - 17th Street #2200 Denver, CO 80202 Charles Louis Roberts Charles Louis Roberts, Attorney at Law 101 South Kansas El Paso, TX 79901 Anita Marcia Springsteen Anita Marcia Springsteen, Attorney at Law 5000 West 13th Avenue Denver, CO 80204

/s/Richard J. Banta____ Richard J. Banta

Case 1:04-cr-00403-LTB

Document 605

Filed 03/03/2006

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