The magistrate judge ordered Abad released pending trial. At Abad's detention hearing on August 25, 2003, the magistrate judge noted the Pretrial Services Report (Pretrial Report) recommended Abad be detained as a flight risk and as a danger to the community.
Vicente Abad (Abad), a 26-year old resident alien, was arrested and indicted for traveling from his United States residence in Florida to Iowa to commit criminal sexual activity with a 13-year old girl Abad met in an Internet chat room for 13- and 14-year olds.
The magistrate judge noted Abad has no prior criminal history, Abad was attending college, Abad did not use subterfuge to convince the girl to meet him, and Abad's family was willing to act as third-party custodians.
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The hearing evidence further established Abad had engaged in “web-cam sex” with the 13-year old Iowa girl before going to Iowa.
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The magistrate judge denied the government's motion for detention.
Although the magistrate judge found there was probable cause to believe Abad committed the offense, and remarked at the hearing that the government's case against Abad was “pretty overwhelming,” the magistrate judge found Abad rebutted the statutory presumption favoring detention and the government failed to demonstrate, by clear and convincing evidence, Abad was a danger to the community, or to show, by a preponderance of evidence, Abad was a flight risk.