without bond. See 18 U.S.C. § 3142(f) and (i). The Court has considered the facts relating to each defendant separately. See Parts II and III, infra.
With respect to Mosuro, the Court finds as follows: His name came up during the investigation of Adair, and the evidence obtained by court ordered telephone intercepts suggests that he is the principal supplier of drugs to Adair. He is involved in smuggling drugs into this country from Nigeria; Mosuro is Nigerian. He has been providing Adair with two to ten ounces of heroin every two to three weeks at a price of $2,000 to $3,000 per ounce. This means that the drug transactions amount to approximately $ 4,000 to $30,000 every three weeks. Not only were the telephone conversations relating to the drug transactions taped; some of the actual drug transactions were photographed. When he was arrested, he admitted that he was a courier of narcotics and that he had supplied drugs to Adair. Those statements have been reduced to writing. The evidence reveals that Mosuro has been under surveillance since March 1986.
It appears that Mosuro does not have a criminal record. He drives a taxicab but during the period of the investigation he was never observed picking up a fare or customer; thus, there is no evidence of legitimate employment. He is married and has two children but it appears that he is presently separated from his wife. He does not have strong ties to this community or this area and he is not a long time resident of this area. In view of the substantial charges now pending against him, the apparent strength of the Government's case and his lack of community ties, the Court finds that he is likely to flee if released into the community.
During the course of the hearing the agent testified that on July 5, 1986, Mosuro had a telephone conversation with Adair during which the word "heroin" was mentioned. That conversation related to the distribution of drugs and established probable cause with respect to counts 14 and 28. The statement of Mosuro relating to the transportation of drugs established probable cause as to counts 28 and 37. Although the agent did not specify the dates of every telephone conversation, there is probable cause to believe that Mosuro committed each of the offenses charges against him in the indictment.
The Court finds that the above facts have been established by clear and convincing evidence. The Court further finds that there is a serious risk that Mosuro will flee if released on bond, and the Court further finds that no condition or combination of conditions will reasonably assure the appearance of Mosuro as required and the safety of the community. For these reasons the Court concludes that Mosuro should now be held without bond pending trial.
As to Sobamowo he is only charged in one count of the indictment; count 14, which charges conspiracy to unlawfully distribute and possess with intent to distribute a controlled substance. In a taped telephone conversation, he was overheard speaking with Adair and during that conversation he discussed narcotics trafficking. In the conversation, he referred to himself as "Desi", and when he was arrested he advised the agents that he was known as "Desi". Although he did not refer to "heroin" in the course of his conversation, he used terms for heroin normally used by heroin smugglers. During a telephone conversation between Mosuro and Sobamowo concerning the search of Sobamowo's residence, Sobamowo advised Mosuro that the FBI had found a container, a statue, in which heroin had been brought into the country.
In a conversation between Mrs. Sobamowo and a third person, the agent heard Mrs. Sobamowo discuss obtaining a fraudulent passport. She was also heard to discuss the possibility of getting Peter Giwa Osagie out of jail and smuggling him out of the country. Osagie is a Nigerian national who was recently arrested for heroin possession in the State of Virginia. He has entered a plea of guilty to possession with intent to distribute heroin.
There is no evidence that Sobamowo has a criminal record in this country. He is married and has two children, but he is not a long time resident of this area.
The Court finds that Mr. Sobamowo is likely to flee if released on bond. Indeed, as noted above, his wife discussed smuggling someone else out of the country if that person was released from jail. The Court further finds that there is probable cause to believe that Sobamowo committed the offense with which he is charged in the indictment. The Court finds that no condition or combination of conditions will reasonably assure the appearance of Sobamowo as required and the safety of the community.
Based upon the above findings the Court concludes that the defendants should be held without bond.
In view of the above, it is hereby
ORDERED that Olatunji Mosuro will be held without bond pending trial, and it is further
ORDERED that Oliyinka Sobamowo will be held without bond pending trial, and it is further
ORDERED that the above defendants will be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal, and it is further
ORDERED that the defendants shall be afforded reasonable opportunities for private consultations with their counsel.
Dated November 6, 1986
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