Ex-AFP comptroller's sons denied bail anew by US court

CHICAGO – Ian Karl Depakakibo Garcia and his brother Juan Paulo Depakakibo Garcia were back to square one Thursday, March 12. Their pitch to Magistrate Judge Edward M. Chen of the United States District of Northern California in San Francisco was turned aside again as their lawyers failed to offer “special circumstances" that would justify their release under “legal standard for bail in extradition proceedings." Jack Gillund, spokesman of US Attorney’s office in Northern California, said, “both defendants made a pitch for bail today and were denied." Gillund said, “The legal standard for bail in an extradition proceeding is (a showing) of ‘special circumstances,’ which the defendants have to show as to why they deserve to be released. “The court found that the defendants did not show special circumstances. The defendants remain in custody." For his part, private defense lawyer Richard A. Tamor, representing Ian Karl, said: “While it is true that the Garcias were not released, it was because the court wanted to have a more fully developed record on the 'special circumstances' requirement for release pending extradition." He added, “The court also wanted more information regarding the real property sureties. Detention is not a done deal. The court gave assignments for more information to the Garcias and the government. We feel confident that after presenting the court with a more fully developed record, the Garcias will be released." The Garcias will be back in court on March 18 at 1 p.m. before Judge Chen for a status hearing of the extradition case. Later in the afternoon, the bulk smuggling against the Garcia brothers will also be heard. The US government is going to be represented by Assistant US Attorney Candace Kelly. Gellund also said, the US government is waiting for the turnover of the formal extradition package from the Philippine government. Meanwhile, the detention hearing for Clarita D. Garcia, the mother of the Garcia brothers, will be held on Monday, March 16, before US Magistrate Judge Steven D. Pepe at the US District Court for the Eastern District of Michigan in Detroit. Her extradition hearing before Judge George Caram Steeh of the US District Court for the Eastern District of Michigan starts on May 13, 2009 at 9:30 a.m. also in Detroit. Mrs. Garcia, 58, is the wife of retired general Carlos Garcia of the Armed Forces of the Philippines, who is facing plunder charges in the Philippines, along with his wife and their three children, Ian Karl, Juan Paulo and Timothy Mark D. Garcia. Ian Karl and Juan Paul were arrested separately in Las Vegas, Nevada and in Pontiac last Feb. 25 for bulk smuggling when they tried to bring into the United States $100,000 in 2003. They were charged with smuggling when they failed to declare to the customs inspector at the San Francisco International Airport the $100,000 in their possessions. Mrs. Garcia was arrested in Pontiac, Michigan last March 4 on extradition charges for plunder. Carlos Garcia and members of his family were charged with an nonbailable offense of plunder before the Sandiganbayan in 2005. Garcia was accused of amassing ill-gotten wealth in the form of funds, landholdings and other real and personal properties in the amount of 303-million pesos (US$6.9 million) that was “disproportionate to" his legitimate income. They came from “commissions," "kickbacks," “shopping money" or “gratitude money." He later turned his wealth over to his family members as “they did not have the financial capacity" to own them. Except for Garcia, all members of his family are United States citizens. This status made it easy for his family members to take their money to the United States where they acquired real estate properties. - GMANews.TV