Judge Delays Bail Decision For Nurses

Judge Delays Bail Decision For Nurses

BY JOHN BARTON
Police Reporter

DETROIT — Two Filipino nurses accused of killing and poisoning patients at the Ann Arbor Veteran’s Administration Hospital were back in the Washtenaw County jail Thursday night after a federal judge delayed making a decision to set bail while the women await trial.

The question of bond for the two citizens of the Philippines, Filipina Narciso, 30, of Ypsilanti. and Leonora Perez, 31, formerly of Ann Arbor, recently has been the subject of diplomatic messages to the U.S. State Department from the Philippine government.

The government of the Philippines has asked the United States to set a “reasonable” bond while the two women await trial on a federal indictment charging them with murdering five patients and poisoning ten others during a six-week period last July and August.

Narciso was denied bond during her arraignment last week in Detroit.

Perez, who was arrested by the FBI at a VA Hospital near her home in Evanston, Ill., is being held under a $500,000 cash bond which she has been unable to post.

U. S. District Court Judge Philip Pratt, who also will be the presiding judge when the case comes to trial sometime in late August or September, was to have announced his decision on bond Thursday.

At that hearing, the second day or a bond hearing which began Monday, Pratt said he would be unable to make a decision on bond until pretrial investigation reports are completed.

Pratt said the delay was caused because Perez’s husband, Epifiano, cannot speak English well enough to communicate with the pretrial investigator assigned to the case. It was necessary, Pratt announced, to find an interpreter to finish the report.

The report was expected to be completed late Thursday or some time today. Pratt said he would notify attorney’s for both sides, of his decision on bail, but would not declare an open court session to announce that decision.

During final arguments presented during the Thursday hearing, Michael C. Moran, who along with Thomas C. O’Brien of the Ann Arbor law firm O'Brien, Moran and Dimond have represented the two women through the pretrial manuevering in federal court, urged Pratt not to “overplay the nature of the charges” against the two women.

“We can’t contest these charges are serious,” Moran argued, “but these women are innocent until proven guilty.

“It’s obvious that these two women have limited means,” Moran continued, “but they do have honesty and integrity and we ask that you release them on their personal promise to return.”

But Asst. U.S. Atty. Richard L. Delonis, who headed the 10-month-long investigation of mysterious breathing failures and deaths at the Fuller Road hospital before the indictments were handed down last week, reiterated his continuing argument that both women should be denied bail.

“At this juncture,” Delonis argued, “the United States has no extradition agreement with the Philippines and should these young ladies return to their homeland they would be out of the jurisdiction of this court.”

“It would be quite tempting,” Delonis continued, “for the defendants to seek a safe refuge, a haven, their freedom that lies but a short distance away by a 747 at Metro Airport.”

“The government is missing the point,” Moran countered. “The question should be will these two people flee. Maybe Mr Delonis might flee — he even keeps track of the flight schedule for the Philippines.”

Moran’s last comment drew a round of appreciative laughter from the predominantly Filipino crowd of 175 persons crammed into the courtroom while another 25 or 30 people who couldn’t get seats waited outside in the hallway. It also drew a pronounced scowl from Delonis.

“Mr. Moran,” Delonis said after the hearing was closed, “I don’t appreciate personality arguments in court. I hope this is not a portent of things to come.” Moran’s smiling reply was inaudible.

In addition to a crowd of over 200 supporters gathered at the hearing for the two women, spectators included the Philippine vice consul from the Chicago consulate, Bienvenido Llaneta, who said an official of the Philippine government will attend every court hearing.

Llaneta has been in Ann Arbor since Wednesday. He said he has visited with Narciso and Perez in the Washtenaw County Jail and is satisfied they are receiving proper treatment.

“If,” Llaneta said, “the judge decides bond will remain the same I would prefer them to remain there and not be moved.”

“Either myself or the consul general will be here throughout the whole trial,” he continued. “We will be acting as official government observers and to let everyone know the Philippine government is behind these girls.”

As expected, O’Brien officially withdrew as Perez’s defense attorney to end Thursday’s hearing.

Her defense has been turned over to two attorneys, Edward R. Stein of Ann Arbor, and Laurence C. Burgess of Detroit.

O’Brien said he was forced to resign as Perez’s lawyer because of bar association rules which forbid the same lawyer to represent two clients charged with the same crime.

His firm will continue to defend Narciso.