Bruce Zaccaria continues to be improperly detained without bail in the Joe Corley Detention Facility after his arrest in the Texas steroid bust codenamed Operation Pharmacia Juicy Fruit according to his lawyer Trent Gaither. Zaccaria was charged with one count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” with a maximum penalty of up to 5 years in prison.
The United States Magistrate Judge Calvin Botley refused to release Zaccaria on bail due to “clear and convincing evidence exists” that he is a “danger to the community”. Magistrate Botley further stated that “no conditions or combination of conditions… would secure the safety of the community” if Zaccaria is released.
The sole stated reason for Bruce Zaccaria’s detention was based on the allegation that he bought and distributed approximately 250 vials of anabolic steroids to bodybuilders who were members at 24 Hour Fitness. Who knew that steroid-using bodybuilders made 24 Hour Fitness, or any commercial gym for that matter, so dangerous for the community at large?
Attorney R. Trent Gaither suggests that the government may have arbitrarily and capriciously, in violation of the Bail Reform Act, detained Zaccaria while inexplicably releasing most of his co-defendants indicted on similar, multiple or much more serious charges, including those who sold more dangerous drugs such as MDMA and hydrocodone .
As of this writing, Zaccaria is one of only five who have not been released on bond of some sort. For example, Charles Brock Falkenhagen is charged in 44 counts, including at least four different kinds of drugs, with exposure of well over ten years. Yet, he has been released on a $75,000 unsecured bond. Several of those charged with counts subject to ten or twenty years are likewise released on unsecured bonds. There was no evidence presented that would distinguish Zaccaria as being inherently more dangerous than the co-defendants, especially those charged with more serious crimes, subject to greater prison exposure, or who were more actively involved.
Disparity is an issue at sentencing, and should be a factor to consider in pre-trial detention. Upon what theory is lodged and explained the notion that the alleged kingpin of the organization, who arguably is subject to about 500 years in prison, less dangerous than one whose maximum exposure is 5 years? This is, of course, not limited to just Falkenhagen. One can go down the list and easily come to the Alice in Wonderland-ish conclusion that the defendant who has among the least exposure is somehow considered by the government to be the most dangerous, and the individual who has, under the government theory, demonstrated his capacity for all kinds of evil doings, yet is apparently not all that dangerous..
Bruce Zaccaria was one of FOUR defendants ONLY charged with ONE count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the 46 count Falkenhagen indictment. The other three co-defendants facing identical steroid-related charges are NPC Texas Chairman Lee Thompson, NPC bodybuilder Bryan Barth, and NPC bodybuilder Brandon George. Thompson was quickly released on $50,000 unsecured bond and Barth and George were each promptly released on $75,000 unsecured bond. They remain free while awaiting trial.
Bruce Zaccaria’s pre-trial detention (based on “danger to community” concerns) appears even more arbitrary and capricious when compared to the court’s pre-trial treatment of co-defendant Lee Thompson who faces an identical charge. The government presented no evidence or allegation that Zaccaria was involved with any illegal drugs since the conclusion of the conspiracy period in September 2007. He was detained nonetheless.
Meanwhile, Thompson was immediately released on a $50,000 unsecured bond despite purported evidence of large quantities of different types of anabolic steroids in his possession when he was arrested. Prosecutors subsequently offered this as proof that “he had not discontinued his use of illegal drugs between the “end” of the charged conspiracy period and his recent arrest”. In glaring contrast to Zaccaria, Thompson was not considered a “danger to society”. U.S. District Judge Lynn Hughes, in opposition to federal prosecutors’ argument that Thompson was a significant “flight risk”, even saw it reasonable to allow the temporary return of his passport so Thompson could get married and honeymoon in the Carribean this summer.
Bruce Zaccaria will remain detained at the Joe Corley Detention Facility while Lee Thompson will honeymoon in the Carribean over the Fourth of July weekend. Yet each awaits trial on one count of “conspiracy to manufacture/possess with intent to distribute anabolic steroids” in the same Houston federal courthouse.
Trent Gaither, Zaccaria’s attorney, was “mystified” by the detention order. Gaither acknowledged that Zaccaria’s criminal history included two DUI convictions in 2008. Gaither noted that Magistrate Botley signaled they would not be a determining factor in the detention. Even as a consideration, Zaccaria’s past problems with alcohol “do not rise to the level of convincing evidence that he is a danger”. Zaccaria’s pre-trial detention and “danger to society” was solely based upon his purchasing and distribution of anabolic steroids at a local gym.
Trent Gaither, on behalf of his clients, has filed a motion requesting the Court rescrind the detention order and release Zaccaria on unsecured bond. He argued that the unjustified detention of Bruce Zaccaria not only results in the loss of personal freedom and income that compromises the preparation of his defense but also that unnecessary detention is a waste of significant taxpayer resources.
Defense attorney Gaither’s reference to Alice in Wonderland refers to Lewis Carroll’s sardonic view of the legal process by the Wonderland Court.
About the author
Millard writes about anabolic steroids and performance enhancing drugs and their use and impact in sport and society. He discusses the medical and non-medical uses of anabolic-androgenic steroids while advocating a harm reduction approach to steroid education.
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