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Published: September 27, 2009 11:21 pm
COURTS: Judge frees recurring domestic violence suspect
Niagara Gazette
A domestic violence suspect, who has repeatedly violated an order or protection issued by a State Supreme Court justice, was released without bail by City Court Judge Robert Merino on Thursday.
Joshua C. Justus, 21, 4500 Isherwood Dr., was released on his own recognizance by Merino, over the objections of prosecutors. He was charged with second-degree criminal contempt for calling a woman he had been ordered not to contact.
Justus pleaded not guilty to the charge and told police he has not contacted the victim. However, the victim told police Justus called her on Sept. 13 and “it was not the first time” he had violated the order of protection.
The court order was issued by State Supreme Court Justice Frank Caruso and is valid until June 20, 2010. It bars any contact between Justus and the woman.
Citing a “prior domestic violence history,” Assistant District Attorney Heather DeCastro had asked Merino to set bail in the case of $10,000 cash or $20,000 property. In a submission to Merino, DeCastro wrote that Justus had violated the court order at least five times and had been “admonished by Caruso two times.”
“(Justus) just doesn’t seem to get it,” DeCastro told the judge. “(He has) chronic issues of contempt.”
DeCastro also told Merino that Justus has made threats of violence against the victim in the past.
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