Legal experts consulted by El Caribe newspaper feel that Colonel Pedro Julio (Pepe) Goico is legally ineligible for bail. Goico is under privileged detention at the Ministry of Armed Forces for his alleged involvement in a RD$40-million credit card fraud. Goico had been the security chief of President Mejia until the time of his arrest last year.
Lawyer Mariel Leon, a former director of the national copyright office under the present government, says the decision to grant bail is based on two criteria: whether the amount set is an effective means of guaranteeing the timely appearance of a defendant in court; and whether the defendant is a threat to society. She explained that someone free on bail may have this freedom revoked from the moment that person does not appear in court when summoned, or if there is a relapse into crime. As Goico was on bail at the time of his most recent arrest, for his complicity regarding a RD$90-million scam in the National Lottery during the last government of Joaquin Balaguer, Leon believes that instead of contemplating a new bail amount for Goico, his first bail should be revoked.
Penal lawyer Candido Simon Polanco also told El Caribe that it would not be legally correct to grant a second bail to Pepe Goico.
Newly appointed Attorney General Victor Cespedes, however, supports Goico?s bail application. His predecessor Virgilio Bello Rosa resigned after publicly expressing his disagreement with the downgrading of Goico?s case as correctional, rather than criminal. If the case were given a criminal grading, bail could not be considered.