Thomas MacMillan Photo
Angelo Reyes.
As the government began to argue that an embattled Fair Haven developer should be held in custody while a federal arson case proceeds against him, the veracity of a key witness’ testimony was suddenly thrown in to question — and the developer burst into tears.
That’s what happened Monday afternoon in federal court in Hartford, where Judge Thomas Smith was considering a motion by federal prosecutors that would have Angelo Reyes placed under arrest. Read the motion here.
Reyes was allowed to walk free at the end of the day pending the completion of Monday’s hearing at a date to be determined.
Reyes was arrested in December on charges that he conspired with two others to burn down his own laundromat. Reyes was released on bond after that arrest.
But he’s been arrested three more times since then, on charges that the government argues demonstrate that Reyes should be held in jail while the arson case is tried.
The first arrest was for Reyes’ part in a scheme that allegedly stole lumber from a Branford lumber yard. The second was for alleged possession of a piece of construction equipment that was stolen from a Hamden fence company. And the third was for allegedly tampering with a witness to the lumber theft.
In a Friday motion, the government sought to connect the dots between those arrests and other incidents to demonstrate that Reyes should be placed in custody. Reyes’ “track record when facing legal problems” shows a “distinct and troubling pattern of obstruction and witness tampering,” the motion states.
The motion also lays out allegations about Reyes’ mistreatment of a former tenant who lived above the laundromat that was destroyed by fire. When the man sought compensation, Reyes intimidated him into silence, the motion argues.
A dispute between Reyes and another man led to charges of assault against Reyes. But those charges were dropped after threats and violent acts against the complainant, the motion alleges.
In the case of the stolen lumber, Reyes allegedly visited the woman who saw the delivery and then removal of the lumber and spoke to police about it, according to the motion. After she spoke with police, Reyes tried to coerce her into withdrawing or changing her testimony, the government argues.
“Because of these demonstrated and ongoing obstruction and witness tampering concerns, the government submits that there are no conditions or combination of conditions that can reasonably ensure that Reyes will not pose a danger to the safety of any other person in the community,” the motion states. “Reyes should be detained pending trial.”
On Monday, in a second-floor courtroom in the federal building on Main Street in Hartford, Judge Smith began to consider the motion. The first witness called: Ana Gonzalez, the woman who saw the alleged lumber theft.
Under questioning from federal prosecutor Steven Reynolds, Gonzalez said that after she gave a statement to police, Reyes, her landlord, came to speak with her and asked her about her statement and requested that she come to court with him the next day. He didn’t say exactly why he wanted her to come, Gonzalez said.
The next day, Dec. 28, Reyes showed up to take her to his court date, but she didn’t answer the door, Gonzalez said. She said she hadn’t had a court order to appear.
Attorney Cramer.
A week later, he showed up again and spoke with her boyfriend, Gonzalez said. Reyes asked her boyfriend why she was “backstabbing” him, Gonzalez began to explain on Monday. Richard Cramer, Reyes’ lawyer, successfully objected that the testimony was hearsay.
Reyes was later arrested for allegedly attempting to tamper with a witness through his visits to Gonzalez and her boyfriend. He was given a restriction order not to contact them.
Gonzalez said she’s now worried for her safety and that of her kids.
Cramer then examined the witness. Through questions about rent payment and eviction proceedings, he attempted to portray Gonzalez as an angry tenant with a reason to act against Reyes.
Gonzalez acknowledged that she was nearly evicted in August 2010 after she missed payment of the rent while she was eight months pregnant. She signed an agreement that she would pay the $600 rent by the tenth of every month. She also acknowledged that she did not pay the rent due on Jan. 10. She said it was because of the protective order stating she was not to have contact with Reyes, even indirectly.
Did you have a problem coming to court today? Cramer asked.
No, Gonzalez said.
Even without a court order?
No.
Cramer asked her how she got to court on Monday. She said she drove.
“You’re not to happy with this man, are you?” Cramer asked, turning to Reyes.
“Why would I be happy with him when he didn’t care about my children?” Gonzalez responded. Reyes tried to evict her and her kids when she was pregnant, she said.
Reynolds again rose to ask questions. He asked Gonzalez again how she arrived in court that afternoon. She said law enforcement officers drove her.
“I thought you said you drove?” Judge Smith said.
Gonzalez said she had. She said she was nervous to testify.
“You swore that you would tell the truth,” Smith said.
“I didn’t know I was to tell him everything he wants to know,” Gonzalez said.
“So you think you can pick and choose which questions to answer truthfully?” Smith said. “You said you drove but you didn’t.”
“No,” Gonzalez said.
“This is a pretty serious proceeding,” Smith said. “This is a man her in court fighting for his liberty.” He indicated Reyes, who had begun to cry.
Reyes faces a case built on subtle and important distinctions, the judge continued. “It depends on a precise recollection of who said what to whom.”
Gonzalez stammered her response. “I can’t trust nobody. … I’m not lying to nobody. … I didn’t know that that question did really matter. … This is my first time doing this. … I really apologize.”
Gonzalez was finally released from the witness stand. After a whispered conference with lawyers, Judge Smith decided to continue the hearing sine die, or to a date to be determined.
Lawyers and Reyes declined to comment.