Roger Khan loses bail appeal
Stabroek News
April 11, 2007
Alleged narcotics trafficker, Shaheed Roger Khan, lost an appeal his lawyers filed a month ago challenging the New York District Court's Judge, Dora Irizarry's decision to deny him bail while awaiting trial.
The Second Circuit Appeal Court in Manhattan released its decision last week Thursday.
The federal appeal court with Judge Sonia Sotomayor presiding found that Judge, Irizarry did not clearly err in finding that Khan should be detained pending trial.
According to court documents obtained by this newspaper, Sotomayor ruled that "upon due consideration it is hereby ordered, adjudged and decreed that the judgment of the district court is affirmed."
"The district court did not clearly err in finding, under the factors identified in 18 U.S.C. § 3142(g), that Khan should be detained pending trial."
As to the nature and circumstances of the offence, Sotomayor said that the district court correctly noted that it is relevant that Khan is charged with a controlled-substance offence that is subject to a maximum sentence of life imprisonment. With regards the weight of the evidence against Khan, the appellate judge said that the district court found that the government's proffer provided "sufficient evidence certainly to go to trial and possibly even to convict… This finding was not clearly erroneous given that the government proffered evidence that included cooperating witnesses who could testify to Khan's involvement in a drug organization, documents seized from Khan's home in
Guyana showing his involvement in drug trafficking, a drug ledger describing cocaine distribution, apprehended drug couriers whom the cooperating witnesses could tie to Khan, and documents found in Khan's possession that the government had produced in discovery in other federal prosecutions and Khan had no legitimate reason to possess."
Finally, Sotomayor said that the district court properly considered factors related to Khan's history and characteristics. The Appeal Court noted that although Khan has a number of family members in the United States, these family ties were insufficient to secure his appearance at proceedings before the United States District Court for the District of Vermont in 1994 following his indictment there for being a felon in possession of firearms. It also considered Khan's 1992 conviction in Maryland for breaking and entering, his 1993 indictment in the District of Vermont, his flight to Guyana in 1994 following his release on bail in the Vermont proceedings, and the ensuing twelve years during which he took no steps to return to the United States to visit his family or answer the charges against him. "Given these considerations, the district court's decision to order Khan detained pending trial was not clearly erroneous therefore, the judgment of the district court is affirmed," Sotomayor said.
The attorney for Khan at the appellate level was Robert Simels and Michael Ramos represented the US Government.
Khan, who was arrested in Trinidad and Tobago while in transit following a flight from Paramaribo, was initially charged with conspiracy to import cocaine into the US. He was denied bail on his first appearance but Simels had objected to this and he moved to court in an appeal motion.
Simels in his submissions to secure bail for Khan had outlined details of the manner of his capture in Trinidad and Tobago after being deported from Suriname. The US Government has always maintained that Khan was a flight risk and opposed bail.
Khan was slapped with 18 additional charges back in February, one of which is involvement in a criminal enterprise. This charge could see the Guyanese serving life in prison if he is found guilty as it carries a mandatory life imprisonment sentence.
The US Government had also indicated it has plans to hand over a number of audio wiretapped conversations and documented conversations involving Khan.
On January 16 this year Irizarry had ruled against granting Khan bail saying that she did not find that the defence had provided sufficient facts that Khan will be present for the duration of the hearing if granted bail. In addition she noted that there is probable cause to believe Khan committed the charges listed in the indictment.