December 19, 2012
The order states:
This Statement of Reasons for Detention supports the Detention Order Pending Trial which the court is issuing separately.
The Government moved for the pretrial detention of Defendant Ayuyu under 18 U.S.C § 3142(f)(2)(B) on the grounds that there is a serious risk the Defendant will obstruct or attempt to obstruct justice and/or threaten or attempt to threaten witnesses and/or intimidate or attempt to intimidate witnesses. Accepting the government's proffered facts as true without any evidence from the defense to refute them, I find that the evidence submitted at the detention hearing conducted in this matter establishes by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of witnesses and others in the community such that there is a serious risk that Defendant will obstruct or attempt to obstruct justice and threaten or intimidate witnesses. In making this determination, I have considered the nature and circumstances of the offenses charged in this case, the weight of the evidence against him, his history and characteristics, and the nature and seriousness of the danger to witnesses and the community.
Defendant Ayuyu is charged in a seven-count Indictment with, among others charges, obstructing justice, tampering with a witness, suborning perjury, and attempting to destroy evidence. The alleged conduct included a veiled threat to use his position as a senator to interfere with a local law enforcement officer's employment prospects. Even though the facts surrounding the charges occurred in 2010, the nature and seriousness of these charges taken together with the more recent events convince me that the government has met its burden of proof. Defendant was arrested while on pretrial release in a related case, 12-CR-00036. In that case, he recently violated a condition of pretrial release by contacting a person he was ordered to stay away from -the same person whom he allegedly encouraged to lie to the grand jury in 2010. Less than two weeks ago, in connection with an unrelated civil case, he made threatening statements to a party's counsel. In a pretrial services interview for this case, Defendant Ayuyu denied ever having used illegal drugs, including methamphetamine, but when given the opportunity to provide a urine sample for drug testing, he declined. The government proffered information indicating that Defendant Ayuyu is in fact using methamphetamine, with the most recent use occurring almost a week prior to his arrest in this matter. Accepting the government's proffered facts as true, these facts and circumstances persuade me by clear and convincing evidence that no combination of release conditions will reasonably assure that Defendant Ayuyu will strictly obey the court's stay-away orders and refrain from interfering with potential witnesses.