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ORDER DENYING RECONSIDERATION

OF ORDER REVOKING RELEASE

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES,

Plaintiff,

v.

SENANDO DIPLAC ADAJAR,

Defendant.

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CASE NO. CR06-043-MJP

ORDER DENYING

RECONSIDERATION OF ORDER

REVOKING RELEASE

Defendant, by and through his attorney Catherine Chaney, has moved for a District Judge

to review the order entered by this court revoking release, entered on April 28, 2006. Defendant

urges a change in circumstances as the basis for the motion. Therefore, the matter was referred

to the undersigned Magistrate Judge for consideration, as the assertion of a change in

circumstances warrants the characterization of the motion as one for reconsideration.

Defendant and four co-defendants have been indicted on Bank Fraud charges based on a

scheme whereby stolen credit card convenience checks and other checks were deposited into bank

accounts, following which funds were withdrawn. An initial detention hearing was held in this

matter on January 18, 2006, following which defendant was released on an appearance bond.

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ORDER DENYING RECONSIDERATION

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Over the strong objection of defendant, who wished to reside in the community, a condition of

release was imposed that he reside in a halfway house. Defendant failed to appear at the halfway

house the next day as directed, and a bench warrant was issued on January 19, 2006. He remained

a fugitive until February 20, 2006, at which time he was arrested by local law enforcement on

outstanding King County drug court warrants and held in the King County Jail. He appeared

before this court on April 17, 2006 pursuant to a Writ of Habeas Corpus Ad Prosequendum.

Defendant was charged with violating the conditions of pretrial release by consuming

methamphetamine on or about January 15, 2006, failing to comply with the conditions of his King

County Drug Court diversion agreement as required, and by failing to report to the halfway house

as directed. At an evidentiary hearing on April 28, 2006, defendant was found to have violated

these conditions and an order was entered revoking his bond.

Defendant asks that he be allowed to reside with his mother and sister and submit to

electronic home monitoring. He states that his mother is willing to remove the “call waiting”

feature on her phone that would previously have prevented the installation of an electronic

monitoring system.

The willingness of defendant’s mother to change the features on her telephone do not

present new and material conditions that would warrant a change in the previous order revoking

bond. Defendant’s mother previously indicated to Pretrial Services that she did not want him

released to her home because she was an elderly woman with many health problems and could not

be responsible for his behavior. The absence or presence of a call waiting feature on her phone

was, at most, a minor consideration.

Defendant is a citizen of the Phillippines with significant family ties to that country. His

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ORDER DENYING RECONSIDERATION

OF ORDER REVOKING RELEASE

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criminal history includes multiple forgery charges and the instant charges involve access to large

quantities of cash. Although enrolled in the King County Superior Court Drug Court, he appeared

for his interview with Pretrial Services with a t-shirt with a picture of marijuana leaves and the

phrase “home grown”. When initially released on an appearance bond on January 18, 2006, he

reported for an intake interview with Pretrial Service and tested positive for methamphetamine,

following which he allegedly admitted using methamphetamine in violation of his Drug Court

diversion agreement. Ordered by this court to reside at a halfway house as a condition of release,

he visibly chafed at not being allowed to reside in the community at large. He failed to report to

the halfway house as directed, remaining a fugitive for over one month until he was arrested by

local law enforcement on drug warrants.

Defendant is not a good candidate for release. He asserts that he is now drug free, but this

is not surprising since he has been in custody for several months. Even now, he resists a

placement in a halfway house, preferring to reside with his elderly mother and sister. His actions

have clearly demonstrated that he is not likely to comply with any conditions or combination of

conditions of release.

Treating the motion for review as a motion for reconsideration of order revoking release,

the motion is DENIED.

DATED this 16th day of May, 2006.

A

Mary Alice Theiler

United States Magistrate Judge 

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