1:15-cr-01022
D.N.M.Dec 4, 2015Background
- Defendant Terrence Cachini is indicted for assault resulting in serious bodily injury within Indian country, allegedly against a minor. Trial set for January 25, 2016.
- Cachini was released to third-party custody at La Pasada Halfway House under pretrial conditions: no contact with victim/witnesses, travel restricted to Bernalillo County, and no unsupervised contact with minors.
- Cachini requested temporary modification to leave the halfway house and be placed in his father’s custody through January 9, 2016 to attend Zuni religious ceremonies (Shakalo and winter solstice) as a kiva leader.
- The government and Probation/Pretrial Services opposed the request, citing community danger and flight risk given the charged offense and potential mandatory minimum exposure.
- The magistrate considered the 18 U.S.C. § 3142 factors (nature of the offense, victim is a minor, defendant’s substance-abuse history and prior drug conviction) and concluded existing conditions were necessary to assure safety and appearance.
- Court denied the motion to modify pretrial release conditions, finding temporary release would not adequately protect minors or the community.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pretrial release conditions should be temporarily modified to allow Cachini to attend Zuni religious ceremonies under his father’s custody | Modification should be denied because Cachini poses a significant danger to the community and is a flight risk given the violent offense against a child and potential mandatory minimum exposure | Temporary release is needed for religious exercise and leadership obligations; placement with his father would be sufficient supervision | Denied — Court found modification would not assure community safety or his appearance and upheld existing conditions |
| Whether the § 3142 factors justify relaxation of release conditions for religious observance | Government: § 3142(g) factors (nature of offense, victim is a minor, defendant’s history) weigh against modification | Defendant: religious importance and role as kiva leader justify brief, supervised absence | Held that § 3142(g) factors weigh against modification given seriousness of charge, minor victim, and defendant’s substance-abuse history |
Key Cases Cited
No reported cases with official reporter citations were cited in the opinion.