United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
ALLISON D. BURROUGHS U.S. DISTRICT COURT JUDGE
September 1, 2016, Paul Weadick (the "Defendant")
was charged in a one count indictment with murdering a
witness in violation of 18 U.S.C. § 1512(a)(1)(C). [ECF.
No. 16]. At his arraignment on September 2, 2016, the
government moved for detention and a detention hearing was
held on September 8, 2016. On September 14, 2016, Magistrate
Judge Cabell issued a detention order in which he found
"by a preponderance of the evidence that the
defendant's release would pose a risk of nonappearance at
court proceedings, and by clear and convincing evidence that
the defendant's release would pose a risk of harm to the
public." [ECF No. 37]. He concluded that the conditions
for release proposed by Defendant "are insufficient to
mitigate the risks posed by his release, particularly in
light of the nature and circumstances of the charged offense,
the defendant's prior criminal history and the
defendant's association with individuals suspected of
having engaged in serious criminal behavior."
on September 15, 2016, Defendant appealed, seeking to have
the order of detention reviewed and revoked. [ECF No. 38].
The government opposed the motion. [ECF No. 40]. For the
reasons explained herein, Defendant's motion [ECF No. 38]
following facts are taken from the Pretrial Services Report
(“PSR”), the pleadings filed by both parties in
connection with the issue of detention, including
Massachusetts State Trooper John Fanning's sworn
affidavit, [ECF. No. 32 (hereinafter, “Fanning
Aff.”)], and from the transcript of the September 8,
2016 detention hearing before Judge Cabell, [ECF. No 34
(hereinafter “Hearing Tr.”)].
age 61, was born and raised in Massachusetts, and he
currently resides in Burlington, Massachusetts with his wife
and 12-year old daughter. PSR at 1. He was convicted in the
early 1980s of Manslaughter in the First Degree in connection
with the murder of Joseph Mistretta, who was shot and
subsequently found dead in the trunk of a car. Hearing Tr.
6:16-21.Defendant was paroled in 1986, but was soon
arrested in New Hampshire for his participation in a
“drug rip-off” with Frank Salemme, Jr., who was a
known associate of the New England La Cosa Nostra (NELCN).
August 31, 1987 Parole Violation Report [ECF No. 40, Ex. 2].
The New Hampshire arrest was deemed to be in violation of the
conditions of his parole and, as a result, Defendant was
returned to prison where he remained until his eventual
release in 1989. [ECF. No. 40, Exs. 2, 3].
to Trooper Fanning's testimony at the detention hearing,
Defendant started working and associating with Frank Salemme,
Jr. and his father, Frank Salemme, Sr. shortly after his 1989
release from prison. Hearing Tr. 7:6-15. Frank Salemme, Sr.
was the then boss of the NELCN. Id. The government
alleges that Defendant soon became a manager at The Channel,
a South Boston nightclub in which the Salemmes had an
interest. Fanning Aff. ¶ 4; Hearing Tr. 8:6-12; see
also PSR at 2. In the early 1990's, facing increased
law enforcement scrutiny, the Salemmes allegedly became
concerned that Steven DiSarro, one of their associates at The
Channel, might cooperate with authorities. Fanning Aff.
disappeared on or about May 10, 1993. Hearing Tr. 12:5-21.
Eyewitness testimony suggested that he had been murdered and
implicated the Defendant. Fanning Aff. ¶ 5. According to
Trooper Fanning, Stephen Flemmi, a self-admitted longtime
criminal associate of Salemme, stated that he observed
Defendant holding DiSarro's legs off the ground while
Salemme, Jr. strangled DiSarro. Hearing Tr. 9:7-15; Fanning
Aff. ¶ 5. A recent interview with Robert Deluca, a
captain in the NELCN, also implicated Defendant in
DiSarro's murder. Fanning Aff. ¶ 6. DiSarro's
remains were recovered in March 2016, buried behind an old
mill building in Providence, Rhode Island. Fanning Aff.
¶¶ 2, 6; Hearing Tr. 11:15-12:4.
Trooper Fanning testified that David Modica, Defendant's
employer for the last 11 years, has been linked to known
NELCN associates through pen registers and surveillance.
Hearing Tr. 13:15-19; PSR at 2 (stating that Defendant has
been employed with Modica Associates for the last 13 years).
the Bail Reform Act, upon a motion by the government, a
defendant must be detained pretrial if, after a hearing,
“the judicial officer finds that no condition or
combination of conditions will reasonably assure the
appearance of the person as required and the safety of any
other person and the community.” 18 U.S.C. §
3142(e). In making this determination, the court considers
the following factors:
(1) the nature and circumstances of the offense charged,
including whether the offense is a crime of violence, a
violation of section 1591, a Federal crime of terrorism, or
involves a minor victim or a controlled ...