Posted on 11/09/2009 7:48:38 PM PST by Coleus
WHARTON -- An undocumented Honduran immigrant, whose bail became the subject of a New Jersey Supreme Court case earlier this year, pleaded guilty today to sexually-assaulting a 8-year-old girl. Manuel Fajardo-Santos, 31, admitted today to sexually assaulting his girlfriend's younger sister in Wharton on Aug. 24, 2008 after returning home from a party. Superior Court Judge John Dangler set sentencing for Jan. 29.
Under a plea arrangement, the Morris County Prosecutor’s Office will seek a sentence of seven years in state prison, with a minimum 85-percent parole ineligible, while public defender Michael Fletcher will argue for a five-year sentence. A detainer was placed on Fajardo-Santos by the federal Immigration and Customs Enforcement agency following his arrest. That led to a legal battle over whether bails of illegal immigrants with ICE detainers could be significantly raised to prevent their deportation before their local criminal cases are resolved.
Morris County Prosecutor Robert Bianchi argued that bails should be raised to prevent defendants from posting their original lower bail, and then being turned over to ICE and likely deported before the criminal case is resolved. Fletcher had argued that prosecutors and a judge knew from the start that Fajardo-Santos was a suspected illegal immigrant and a later federal immigration detainer did not justify a big bail increase.
In July, the New Jersey Supreme Court agreed with the prosecutor, and unanimously ruled that bail for illegal immigrants accused of serious crimes can be raised to prevent federal officials from deporting them before their cases can be heard. The ruling was significant because it sets guidelines for how state and county law enforcement officials may deal with illegal immigrants who, as a result of being accused of serious crimes, face imminent deportation by federal authorities and thus can avoid prosecution.
(Excerpt) Read more at nj.com ...
Judge John Dangler set sentencing for Jan. 29.
Good grief...
I consider myself “in the know” and have never heard of bail set on ICE holds(detainers).
Perhaps while in prison he will meet some large, nice man, who will sexually assault him—at least twice a day.
Here in Honduras, you’d find his DNA in the volcano, right after the trial. (We’d still have a trial, just no point in paying for food and housing beyond that).
We need the same plan.
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