Muzio Release on Custody

7/26/2019 Muzio Release on Custody

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THEKINDLONLAW FIRM,PLLC74CHAPEL STREET ALBANY,NEW YORK 12207

PHONE (518)434-1493 FAX (518)935-9336

WWW.KINDLON.COM

LEE C. KINDLON*____________________GENNARO CALABRESE

*ADMITTED IN NEW YORKAND THE DISTRICT OF COLUMBIA

September 23, 2015

Hon. Daniel J. StewartJames T. Foley U.S. Courthouse

445 Broadway - 4th FloorAlbany, NY 12207

US v. George Muzio, Jr.

1:16-mj-00229-DJS

Dear Judge Stewart:

This letter is submitted ins support of the defendants request that the court setrelease conditions pursuant to 18 USC 3142. Mr. Muzio, who has never been arrested

or detained prior to his arraignment on May 3, 2016. Since then, he has been in thecustody of the US Marshall and housed at Rensselaer County Jail.

It is respectfully requested that, given the defendants character, personal history,absence of danger to the community, his deep roots in the area and the supportdemonstrated by attached documents, the defendant be released subject to conditions.

The defendant is father, husband and son in a tight-knit family.

The defendant was born and raised in Cohoes, New York and is the primarycaretaker for his two boys. Ms. Jennifer Muzio, the defendants spouse, is employed and

is the primary breadwinner. In her letter of support, attached and incorporated asreference herein, she writes that George is a stay at home dad who drives my children to

school and picks them up every day after school. He takes them to doctorsappointments, dental appointments, goes to the school plays, and juggles coaching three

sports teams that my children play on. Both of my boys enjoy that their dad is the coachand want him in their lives teaching them baseball. Far from being unemployed, the

defendant may have the most involvedand hardestjob of any adult in his household.

Mr. Muzio is not a danger to the community. Since his arrest, there have been noallegations of harm to the children in his life, either in his family or those in his orbit.

His sister-in-law, Carolyn McCulloch, writes In all the years I have known him he hasnever made me feel like any child, his or my own included, has ever been anything other

Case 1:16-mj-00229-DJS Document 2 Filed 05/08/16 Page 1 of 9


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than safe and protected around him.

Mr. Muzio is not a danger to the community. Initially, the attached letters ofsupport should demonstrate that, in contradiction the presumption built into the law, those

that know the defendant understand that he is a warm, compassionate man with whom

they would trust their own children. There have been no allegations, despite publicrequests for such information, that Mr. Muzio has had any contact with any children.There have been no allegations that the defendant was engaged in the production or

creation of these materials. Finally, Mr. Muzio, out of an abundance of caution and uponmutual agreement with Cohoes Little League, has resigned from his coaching positions in

order to avoid even the slightest hint of posing a danger to the community.

Should the court find it necessary, Mr. Muzio is prepared, at this time, to live in adifferent house than his own family. Pending a full investigation by Child Protective

Services to assure the court of the safety of the Muzio children.

Based upon the enumerated factors in 18 USC 3142, it is respectfully requestedthat the court grant the defendants release with conditions to include mental health

treatment, electronic monitoring and home confinement.

Respectfully,

THE KINDLON LAW FIRM, PLLC.

Lee C. Kindlon

[email protected]

cc: AUSA Emily Farber, US Attorneys Office (via ECF)

enc.



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George & Cindy Muzio

282 Central Ave.Cohoes, NY 12047

5/5/2016

Your Honor:

My son has been there for me and his family. When he was a 19 years of age he lost his dog, a

month later his great grandmother and 5 months later his grandmother passed suddenly who hewas very close with. The following month after my mother passed his girl friend (now his wife)

was pregnant. He has dealt with all of that and stood by me in my time of grief and did right byhis wife and children.

George is a devoted husband and father. He has helped raised two fine sons. His children have

good grades and are involved in numerous activities and are very well behaved.

George is my bee keeper, mouse exterminator and my taxi. My husband and myself are afraid of

bees. We always have an overabundance of them. He sprays the hives for us. We live in an oldhome and get mice every now and then. He tries to captures them and let them loose outside.

He is more on top of it than my two cats. I do not drive out of my comfort zone. When I needhim he is there to drive me where I need to go. My husband is a smoker trying to quit. George

is his biggest advocate to get him to stop. I know these are trivial things to some people but they

mean a lot to me.

We live in the same house. George and his family on the first floor and my husband and myself

on the second floor. We have one kitchen that we have dinners together. We are a simplefamily.

Sincerely,

Mr. and Mrs. George Muzio, Sr.


Documents

Muzio Release on Custody