ZULLO Jason Govt Memo Opp Bond Mod 021412
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Transcript of ZULLO Jason Govt Memo Opp Bond Mod 021412
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8/3/2019 ZULLO Jason Govt Memo Opp Bond Mod 021412
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
UNITED STATES OF AMERICA :
::
v. : 3:12CR017 (AWT) (HBF):
:
JASON ZULLO : FEBRUARY 14, 2012
GOVERNMENT'S MEMORANDUM IN OPPOSITION OF BOND MODIFICATION
The Government submits this memorandum of law in support of the current bond
conditions placed on Mr. Zullo, including electronic monitoring. As this Court is aware, on
January 24, 2012, four defendants, including Mr. Zullo, were arrested pursuant to an indictment
charging them with various civil rights violations. This Court had hearings for all four
defendants and instituted measured and individually crafted conditions of release to ensure each
defendants appearance in Court, as well as to guarantee the safety of the community. Less than
two weeks since these conditions were imposed, Jason Zullo moves this Court for modification
of his bond conditions. At the very least, this Court should keep the current conditions in place
for some time so that we can determine Jason Zullos willingness and ability to be compliant.
Moreover, for the reasons set forth below, Mr. Zullo was one of two defendants who specifically
targeted the Latino community in East Haven and electronic monitoring is an appropriate and
necessary condition to ensure the safety of the community.
I. BACKGROUND
On January 18, 2012, a federal grand jury returned an indictment charging, among
others, Jason Zullo with abusing using his position as an East Haven police officer and engaging
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in civil rights violations. The Grand Jury specifically alleged that Zullo and one of his co-
defendants intimidated, harassed and humiliated members of the Latino community.
Even though Attorney Pattis blog dated February 6, 2012 claimed that [t]he federal
indictment in this case looks flimsy, like a trumped up set of allegations that could not withstand
the light of day in civil court, the grand jury found probable cause, based on numerous witness
statements, testimony of victims and witnesses, and documentary and other evidence, that Zullo:
(1) routinely targeted Latino-owned businesses on Main Street in East Haven; (2) monitored the
customers entering into Latino-owned stores; (3) stopped vehicles of the customers; (4)
intimidated and harassed store owners; (5) engaged in unlawful searches and seizures; and (6)
engaged in at least two acts of unnecessary and excessive force against Latinos. Based on
witness and victim accounts, Zullos acts of excessive force took place at the East Haven Police
Station when the victims were restrained or otherwise cooperative.
Zullos criminal intentions regarding the Latino community are also evidenced in his own
words. Zullo communicated with other officers, including a co-defendant, by way of car-to-car chats
between mobile data terminals in their patrol cars. As set forth in the Indictment, Zullo stated that he
likes harassing [sic] motorist[] and referred to persons who have drifted to this country on rafts
made of chicken wings and are now residing on Maint [sic] St East Haven.
Below are additional examples of Zullos pertinent communications.
Zullo,Jason D
(1770)
7/30/08
20:21
Spaulding,
Dennis D(1690)
7/30/08
20:21
that new store across from la
bambas.........Los Amigo Grocery
Zullo,Jason D
(1770)
6/3/08
22:03
Spaulding,
Dennis D
(1690)
6/3/08
22:03
FOX 61 and Channel 8 are in front of
towm hall.........should I stop acar full
of "locals" in front of them!!!!!!
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Spaulding,
Dennis
(1690)
1/15/09
21:12
Zullo,Jason
(1770)
1/15/09
21:12
did you spray oc in my car??
Zullo,JasonD (1770)
1/15/0921:13
Spaulding,Dennis D
(1690)
1/15/0921:13
RE: I WOULDNT WASTE IT!! ---------------------------- From: Spaulding Sent:
1/15/2009 21:12:41 did you spray oc
in my car??
Spaulding,
Dennis(1690)
1/15/09
21:13
Zullo,Jason
(1770)
1/15/09
21:13
RE: RE: ok, i can smell it -------------------------
--- From: Zullo Sent: 1/15/200921:13:21 I WOULDNT WASTE IT!!
---------------------------- From:
Spaulding Sent: 1/15/2009 21:12:41
did you spray oc in my car??
Zullo,JasonD (1770) 1/15/0921:14 Spaulding,Dennis D
(1690)
1/15/0921:14 RE: RE:RE: NAH, THATS ALL THE MEXICANSU GET IN THE BACKSEAT!! --------
-------------------- From: Spaulding
Sent: 1/15/2009 21:13:50 ok, i can
smell it ---------------------------- From:Zullo Sent: 1/15/2009 21:13:21 I
WOULDNT WASTE IT!! --------------
-------------- From: Spaulding Sent:1/15/2009 21:12:41 did you spray oc
in my car??
Spaulding, 2/8/09 Zullo,Jason 2/8/09 labamba's only has 5 cars
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Dennis
(1690)
19:45 (1770) 19:45
Zullo,Jason
D (1770)
2/8/09
19:47
Spaulding,
Dennis D
(1690)
2/8/09
19:47
RE: Thats 5 cars to many!! -------------------
--------- From: Spaulding Sent:
2/8/2009 19:45:11 labamba's only
has 5 cars
Spaulding,
Dennis
(1690)
2/25/09
18:05
Zullo,Jason
(1770)
2/25/09
18:06
why is barras empty???
Zullo,Jason
D (1770)
2/25/09
18:06
Spaulding,
Dennis D(1690)
2/25/09
18:07
RE: havnt been that way yet.....prob cuz of
you ---------------------------- From:Spaulding Sent: 2/25/2009 18:06:00
why is barras empty???
Spaulding,
Dennis(1690)
2/25/09
18:07
Zullo,Jason
(1770)
2/25/09
18:08
RE: RE: i have never seen the parking lot empty
---------------------------- From: ZulloSent: 2/25/2009 18:07:16 havnt beenthat way yet.....prob cuz of you --------
-------------------- From: Spaulding
Sent: 2/25/2009 18:06:00 why is
barras empty???
Zullo,JasonD (1770)
2/28/0918:14
Spaulding,Dennis D
(1690)
2/28/0918:14
that party is at labambas tonight
Spaulding,Dennis
(1690)
2/28/0918:15
Zullo,Jason(1770)
2/28/0918:15
RE: no one there yet! you run your guythrough ICE? ----------------------------
From: Zullo Sent: 2/28/2009 18:14:31that party is at labambas tonight
II. LAW
Section 3142(e) of the Bail Reform Act of 1984 requires that a defendant shall be detained
pending trial if it is determined, after a hearing, that "no condition or combination of conditions will
reasonably assure the appearance of that defendant as required and the safety of any other person and
the community..."
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In evaluating whether there are conditions of release that will ensure the appearance of Zullo
and the safety of the community, the Court must consider:
(1) the nature and circumstances of the crimes charged;
(2) the weight of the evidence against the defendant;
(3) the history and characteristics of the defendant, including family ties, employment, financial
resources, community ties, drug or alcohol abuse history, past conduct; and
(4) the nature and seriousness of the danger to the community or to an individual that would be
posed by release.
See 18 U.S.C. 3142(g).
In this case, the Court has thoughtfully considered the factors and appropriately imposed a set
of conditions designed to ensure the defendants appearance and ensure the safety of other persons and
the community. Zullos actions and conduct have created fear for members of the Latino community
who believed that they were powerless to do anything because the abuse that they suffered was from
the very police officers who were sworn to protect them. The car-to-car chats demonstrate that Zullo
engaged in conscious and deliberate conduct against a racial minority group that he apparently
believed threatened to disrupt social order in the Town of East Haven. Many witnesses have spoken to
the Government about their fear of East Haven police officers and the psychological and physical
abuse that they have suffered.
Electronic monitoring is an appropriate condition of release, where, as here, the Court must
consider the safety of the community. An order prohibiting Jason Zullo from entering into the Town
of East Haven, coupled with a mechanism to ensure that he does not enter the Town, is appropriate.
Moreover, electronic monitoring sends a message to the residents of East Haven that they can come
forward to describe their experiences, without fear of retribution from law enforcement, and ensure
that justice is done.
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IV. CONCLUSION
For the foregoing reasons, the Government requests that the motion for modification of
bond conditions be denied.
Respectfully submitted,
DAVID B. FEIN
UNITED STATES ATTORNEY
/S/
KRISHNA R. PATELASSISTANT UNITED STATES ATTORNEYFederal Bar No. CT24433
1000 Lafayette Boulevard, 10TH
Floor
Bridgeport, CT 06604(203) 696-3000
/S/
DEIRDRE M. DALYFIRST ASSISTANT UNITED STATES ATTORNEY
Federal Bar No: CT23128
1000 Lafayette Boulevard, 10th
FloorBridgeport, CT 06604
(203) 696-3000
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CERTIFICATION
I hereby certify that on February 14, 2012, a copy of the foregoing was filed electronically and
served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail
to all parties by operation of the courts electronic filing system or by mail to anyone unable to accept
electronic filing, as indicated on the Notice of Electronic Filing. Parties may access this filing through
the courts CM/ECF System.
/S/______________________________________
KRISHNA R. PATEL
ASSISTANT UNITED STATES ATTORNEY
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