Friday, October 08, 2010
Federal judge orders release of accused human trafficker Orian to a Honolulu halfway house
by Larry Geller
Federal District Judge Susan Oki Mollway ordered today that accused human trafficker Mordechai Orian will be released to a halfway house in Honolulu even before posting a reduced bond of $250,000. He will be monitored by a GPS unit and periodic reporting schedule as a condition of his release.
Bail originally set at $1,000,000 by Magistrate Judge Leslie Kobayashi was reduced by Judge Mollway because of uncertainties around the value of his real estate holdings. The judge held that to set a higher bond amount than a defendant can reasonably raise would be the same as holding the defendant in custody.
Orian will be kept in federal detention until a bed opens up at Mahoney Hale or a similar facility. He will be required to observe all of the rules of the halfway house including submitting to drug testing. Orian’s attorneys had argued for him to be released under bond in Los Angeles so that he would have better access to his wife and children and be better able to work with his attorneys on his defense. Mollway insisted that he remain within her jurisdiction. Orian will have to wear a GPS tracking unit and report periodically to federal pre-trial services on a schedule yet to be arranged.
Conceding to Orian’s attorney, Judge Mollway agreed that he will be released to the halfway house before his bond is posted. If he cannot post bond by October 25 there will be another custody hearing.
A deportation action by Immigration and Customs Enforcement is still pending against Orian. Although no ICE representatives were present in the courtroom today, it is likely that they would move within 48 hours and could detain him. In an earlier hearing, federal attorneys expressed concern that once under control of ICE, Orian could withdraw his objection to deportation and be sent off on a plane to Israel. At the hearing today, his attorney argued that he has fought “tooth and nail” to stay in this country.
The federal district court would not necessarily have any jurisdiction over a deportation order.
Below are the minutes describing the judge’s order.
USA v. Orian 20101008
Right-click the link to download, or click "Fullscreen" to read the documents on line.
i suspect that even if ICE were to detain him, they would await the outcome of this case before deporting him because of the legal consequences of being deported after conviction as opposed to before conviction or even trial. this is especially true as the current administration has focused more on the deportation of criminal offenders.
As I understand it, and of course I could be wrong, there is already a deportation order against him. He has resisted the order, but the fear expressed by the government attorneys at an earlier hearing was that he could simply give up opposing the order, and could get on a plane himself. It would be a self-deportation. Alternatively, I suppose, since he is now wearing a GPS bracelet, is he could let ICE deport him.
i assumed that with the court order limiting him to oahu, he'd be on a no fly list. but then again, he could always get away by boat
This man is an alleged felon slave trader, and he is sent to a halfway house, with court notes more appropriate for dealing with misdemeanors. And he may very well on his way to Israel, where he can law low for awhile and then return to his old ways. But Israel (though the info is suppressed in the media) is a haven for many criminals, and human trafficking is high on its list of crime protection -- anyone who is a Jew can go to Israel and escape penalty. The Russian Mafia is strong, and human trafficking is now a major problem in the US, in no small part due to the special treatment Israel citizens get. In the meantime, American tax dollars keep this country (well-known for its crimes against humanity and for its world class liars and thieves) afloat. So, in effect, Americans are doing themselves in. We are responsible, thought impotent to do anything as individuals.