Federal judge denies alleged terrorist's bail request over virus concerns
A photo from the Facebook page of Elvis Redzepagic. Credit: Facebook
A federal judge Monday denied the request of an accused terrorist from Commack seeking bail to evade the risk of getting the coronavirus in a Manhattan jail.
The ruling came after a teleconference in which the defense argued with a federal prosecutor over the strength of the government's case since Elvis Redzepagic's 2017 arrest.
Redzepagic, 29, had also argued he needed to be released because conditions at the Metropolitan Correctional Center in Manhattan — the federal jail in Manhattan known MCC — put him at serious risk of contracting the coronavirus.
Redzepagic had maintained in a motion filed last week in federal court that the prison’s lockdown policy — barring defense attorneys and other outsiders to prevent the spread of coronavirus — violates his right to prepare for a fair trial.
Redzepagic is charged with two counts of attempting to provide material support to a terrorist organization by attempting to enter Syria to join either ISIS or al-Qaida.
Magistrate A. Kathleen Tomlinson, who usually conducts hearings in the Central Islip courthouse, issued her ruling after a rare telephone conference. The coronavirus pandemic has caused the sharp limitation of activity in federal and state courts.
Listening in to the proceedings were an officer of the federal Pretrial Services, agents of the Joint Terrorism Task Force, a spokesman for the United States attorney’s office, and a Newsday reporter.
In her ruling, Tomlinson noted that the charges against Redzepagic were “extremely serious” and “the weight of the evidence is strong.”
Tomlinson also said his terrorist attitude apparently has not changed, noting that on telephone conversations from the jail that he knew were being recorded, Redzepagic referred to non-Muslims as “enemies.”
After listening to the opposing views of Redzepagic’s attorney, David Roche, and Eastern District federal prosecutor Artie McConnell on the strength of the case against the defendant, Tomlinson said: “I still see and find that Mr. Redzepagic is a danger to the community and a risk of flight; and the government had maintained the proof necessary in denying bail.”
Tomlinson also questioned Redzepagic’s claim that he was especially at risk for the virus because he had a history of another lung disease — tuberculosis. He had not previously said he had the illness, and Tomlinson noted there was no jail records of Redzepagic having unusual health issues.
Tomlinson added that Redzepagic's attorneys had not applied for an exception to visit him in jail and it was unlikely the lockdown conditions would continue so long as to interfere with him getting a fair trial. McConnell said the jail was planning to set up teleconferencing for attorneys.
McConnell acknowledged that three detainees at the 700-prisoner MCC have tested positive for the coronavirus, but they had been quarantined on a different floor than Redzepagic. The prosecutor added that Redzepagic could self-quarantine in his cell.
Bob Kessler covers federal law, including law enforcement agencies such as the FBI, DEA, IRS and ATF, as well as the federal courts.
