United States v. Pejcinovic
1:18-cr-00767
S.D.N.Y.May 14, 2020Background:
- Defendant Damir Pejcinovic filed letters (Mar. 30 and Apr. 22, 2020) construed as a motion for temporary release under 18 U.S.C. § 3142(i).
- Pejcinovic sought release not for defense preparation but to donate COVID-19 antibodies; he also reported seizures, sleep disruption, and stress.
- At the initial bail hearing the magistrate ordered detention, citing strong evidence, potential lengthy sentence, prior criminal history and violence, failure to appear, use of aliases, recent international travel, ongoing removal proceedings, and potential resources to evade supervision.
- The Court applied § 3142(i)’s standard permitting temporary release for defense preparation or another compelling reason, requiring balance against risks that justified detention.
- The Court found Pejcinovic remains a serious flight risk and a danger to the community; concluded detention risks outweigh his asserted health/public‑service reasons and denied the motion.
- The defendant’s health letters were filed under seal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether temporary release under § 3142(i) is warranted as a "compelling reason" because Pejcinovic can donate COVID‑19 antibodies | United States: Detention factors still control; release would risk flight and danger | Pejcinovic: Release needed to donate antibodies and cites medical symptoms (seizures, stress) | Denied — detention factors (flight risk/danger) outweigh asserted compelling reason |
| Whether pandemic‑related health risks justify release despite prior reasons for detention | United States: Pandemic risk insufficient to override established detention grounds | Pejcinovic: Pandemic and his health problems create a compelling reason for release | Denied — Court acknowledged pandemic risk but found it does not overcome flight/danger concerns |
Key Cases Cited
- United States v. Jackson, 823 F.2d 4 (2d. Cir. 1987) (defendant's danger and flight risk support detention)
