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Case 3:12-cr-00017-AWT Document 58

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA

v.

JASON ZULLO

: : : : : : :

3:12CR017 (AWT) (HBF)

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 codefendants 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) Zullo,Jason D (1770)

7/30/08 20:21 6/3/08 22:03

Spaulding, Dennis D (1690) Spaulding, Dennis D (1690)

7/30/08 20:21 6/3/08 22:03

that new store across from la bambas.........Los Amigo Grocery 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) Zullo,Jason D (1770)

1/15/09 21:12 1/15/09 21:13

Zullo,Jason (1770) Spaulding, Dennis D (1690) Zullo,Jason (1770)

1/15/09 21:12 1/15/09 21:13 RE:

did you spray oc in my car??

Spaulding, Dennis (1690)

1/15/09 21:13

1/15/09 21:13

RE: RE:

Zullo,Jason D (1770)

1/15/09 21:14

Spaulding, Dennis D (1690)

1/15/09 21:14

RE: RE: RE:

I WOULDNT WASTE IT!! --------------------------- From: Spaulding Sent: 1/15/2009 21:12:41 did you spray oc in my car?? 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?? NAH, THATS ALL THE MEXICANS U 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) Zullo,Jason D (1770)

19:45 2/8/09 19:47

(1770) Spaulding, Dennis D (1690)

19:45 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) Zullo,Jason D (1770)

2/25/09 18:05 2/25/09 18:06

Zullo,Jason (1770) Spaulding, Dennis D (1690) Zullo,Jason (1770)

2/25/09 18:06 2/25/09 18:07 RE:

why is barras empty???

Spaulding, Dennis (1690)

2/25/09 18:07

2/25/09 18:08

RE: RE:

havnt been that way yet.....prob cuz of you ---------------------------- From: Spaulding Sent: 2/25/2009 18:06:00 why is barras empty??? i have never seen the parking lot empty ---------------------------- From: Zullo Sent: 2/25/2009 18:07:16 havnt been that way yet.....prob cuz of you --------------------------- From: Spaulding Sent: 2/25/2009 18:06:00 why is barras empty???

Zullo,Jason D (1770) Spaulding, Dennis (1690)

2/28/09 18:14 2/28/09 18:15

Spaulding, Dennis D (1690) Zullo,Jason (1770)

2/28/09 18:14 2/28/09 18:15 RE:

that party is at labambas tonight

no one there yet! you run your guy through ICE? ---------------------------From: Zullo Sent: 2/28/2009 18:14:31 that 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. PATEL ASSISTANT UNITED STATES ATTORNEY Federal Bar No. CT24433 1000 Lafayette Boulevard, 10TH Floor Bridgeport, CT 06604 (203) 696-3000 /S/ DEIRDRE M. DALY FIRST ASSISTANT UNITED STATES ATTORNEY Federal Bar No: CT23128 1000 Lafayette Boulevard, 10th Floor Bridgeport, 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