Sia loses bail hearing, U.S. District Judge David Ezra today placed bankrupt businessman Sukamto Sia into immediate custody, saying that by lying to Los Angeles police Sia posed an immediate flight risk.
ordered to detention
The bankrupt businessman
faces sentencing March 21By Tim Ruel
truel@starbulletin.comSia, who is scheduled to be sentenced in two weeks on federal felony charges, was expected to go immediately to a federal detention center, said Mark Recktenwald, an assistant U.S. attorney assigned to the case.
Prosecutors asked the court to revoke Sia's bail after he was arrested Feb. 12 by police in Bel Air, Calif., on battery charges. Police responded to Sia's Bel Air estate after receiving a 911 call that was almost immediately disconnected. At the estate, Sia's fiancee Kelly Randall told officers that Sia had slapped her during an argument, police said.
In his ruling, Ezra concluded that Sia lied when he told police that he had not been arrested before, when in fact Sia was arrested two years ago by the FBI.
In October last year, Sia pleaded guilty to bankruptcy fraud and wire fraud in exchange for the promise of a reduced sentence. However, for the past year, under Ezra's supervision, Sia has been living in California with Randall while awaiting sentencing.
"Mr. Sia plain and simple lied," Ezra said.
Sia also lied to officers when he claimed that an electronic monitoring bracelet was a watch, Ezra ruled.
Federal prosecutors have argued throughout the case that Indonesian-born Sia posed a flight risk and wanted him held awaiting sentencing. Ezra noted today that he allowed Sia to remain free because he believes in allowing people who are presumed innocent to remain under the least stringent conditions possible. However, Ezra said the situation changed when Sia lied to police.
What's more, Ezra said, in his experience, people who are a flight risk will flee immediately upon their arrest or just before sentencing. Sia is set to be sentenced by Ezra on March 21.
Ezra noted he was not interested in the details of the dispute between Randall and Sia, saying it was a personal matter. However, he did say that he had a problem with Randall's testimony for the defense.
"I have serious concerns about her credibility as a witness in this matter," Ezra said.
Randall either lied to the police that night or lied to the court because she had, in fact, told police that Sia had slapped her, even though she later recanted the statement, Ezra said.
After Ezra made his ruling, Randall kissed Sia on the ear. Sia shook hands, waved and said goodbye to his friends, who had packed the courtroom. Several in attendance helped Sia post his $1.5 million bail.
Honolulu attorney Jon Miho said after the ruling that it was "overkill," since Sia faces sentencing shortly.
Sia posed no risk of flight and has always attended his court appearances, Miho said.
As part of his federal plea agreement, Sia faces between 20 and 40 months in federal prison. Sia's attorneys have recently filed a motion asking that the court lower the sentence because of his good behavior.
In closing arguments, Recktenwald said the events of Feb. 12 amount to "lousy" conditions for Sia's release. Sia, Randall and four of their friends had been out for dinner at a nearby restaurant celebrating the fact that Sia's friend David Chang had loaned Sia $2 million so he could pay restitution ordered by the court.
"Electronic monitoring in this case failed completely," Recktenwald said.
In response, Sia's attorney David Chesnoff pointed out that Sia has never attempted to escape his sentence. "The man is here," he said.
Los Angeles police should have known that the bracelet on Sia's arm looked nothing like a watch, Chesnoff said.
Chesnoff wanted Ezra to allow Sia to remain in Hawaii until he could surrender for sentencing.