Judge lets Castro stay free until next month

A federal judge today denied a prosecution request that former Philadelphia Police Inspector Daniel Castro be jailed immediately for angry comments he made following his sentencing last week to 5 years in prison in an extortion plot.

U.S. District Judge Harvey Bartle III said Castro could remain free on bail until Nov. 15, when he is scheduled to surrender to the Bureau of Prisons.

Prosecutors had sought to have him jailed immediately, arguing that comments Castro made to the news media after his sentencing amounted to intimidation directed at the victim of the plot and an FBI informant.

Outside of cour last week, Castro described himself as a "victim" and lashed out at those he believed responsible for his downfall.

Castro pleaded guilty in June to conspiracy to commit extortion and admitted that he had plotted to use violence to recoup a $90,000 debt from Wilson Encarnacion, a former business associate.

After the sentencing, Castro angrily told reporters that Encarnacion, whom he labeled a thief, deserved as much exposure as he did, as did Rony Moshe, the FBI informant who helped authorities build their case.

As television cameras rolled, Castro held up large photos of Encarnacion and Encarnacion's home. He also displayed a photo of Moshe and called him a "criminal."

"I'm no criminal, I'm no thief, and I certainly do not deserve the punishment that was handed down today," he said.

In a motion requesting that the bail be revoked, Assistant U.S. Attorney Louis D. Lappen said Castro "has continued to engage in the same pattern of threatening misconduct that was the subject of his indictment."

"The purpose of this display was clear and unambiguous - to threaten, intimidate, and punish Encarnacion and Moshe, all as a part of the defendant's continued campaign to blame others for his crimes," Lappen wrote.

Lappen wrote that Encarnacion and Moshe were alarmed by Castro's remarks, and contacted federal authorities to express fears about their safety.

"The moment the defendant walked out of this courtroom, he demonstrated the arrogant, self-righteous and indeed criminal attitude that he has displayed throughout this investigation and prosecution," Lappen argued. "In doing so, he demonstrated that he is a real danger to the community."

In his response, Castro's lawyer, Brian McMonagle, wrote that Castro had merely stated his opinions. Encarnacion swindled Castro out of his life's savings, and Moshe is a convicted felon who lied to the FBI about Castro, McMonagle said.

"Mr. Castro feels very strongly that Mr. Encarnacion and Mr. Moshe are reprehensible people who are themselves a danger to the community," the motion states. "While Mr. Castro regrets the government's reaction to his post-sentencing comments to the media, he is entitled to make comments that reflect his sincere feelings and which are completely true."

McMonagle rebutted the idea that Castro was a danger to the community, citing his 25 years as a police officer and the high rank he achieved.

"He has earned the respect of community leaders, police officers, merchants, politicians, and countless others," McMonagle said. "He is a threat to no one."

McMonagle also wrote that he has advised Castro against further communication with the media.