Attorney seeks to amend bail for armed robbery suspect
Rockland — The defense attorney for a 40-year-old Cushing man charged with armed robbery and aggravated assault filed a motion to amend his client's bail to mirror what a co-defendant in the reported crime received.
Rockland attorney Eric B. Morse, representing Paul Milardo, asked Justice Jeffrey Hjelm to amend his client's bail from $50,000 cash to $5,000 cash or $50,000 surety Sept. 6. Hjelm ruled Milardo would be held on $50,000 cash bail or $250,000 surety. If Milardo makes bail, he would be subject to a supervised release.
Morse said Milardo was willing to live under house arrest conditions until his trial, and live with his mother and step-father.
Judge John Kennedy "went out on a limb" Aug. 16 and ordered the co-defendant, David Williams Jr., 24, of Middletown, Connn., be released to his family on $5,000 cash bail. Kennedy told Williams he trusted Williams' mother would be better than any pre-trial service at keeping tabs on him. He warned Williams that if he did not comply with bail conditions, including a curfew, living with his parents, and checking in with Middletown police daily, it would ruin his life.
At the men's initial court appearance they did not enter a plea as they face felony charges punishable up to 30 years in prison.
Williams and Milardo were arrested Aug. 14 and charged with armed robbery, felony aggravated assault, stealing drugs and theft by unauthorized taking.
Milardo was ordered held on $50,000 cash bail. Defense Attorney William Pagnano argued for bail, saying Milardo could afford to pay $1,000 cash. Kennedy said Milardo's previous conviction record, including drug trafficking and importation, coupled with the seriousness of the new charges, creates a flight risk.
On Sept. 6, Assistant District Attroney Christopher Fernald said the severity of the punishment, and Milardo's previous violation of bail conditions raises red flags. He defended the original bail that was set last month.
The state contends Milardo told police he went to a home on Common Road in Union to buy drugs, and when he found where the drugs and money were hidden, texted Williams to come to the home. Williams arrived, was let in the door by Milardo, and held a pellet gun to the victim's head while ordering him around the residence.
Fernald said last month the victim had cuts and scrapes on his head, knees, elbows and back. He further stated the victim did not know the gun was a pellet gun.
The victim is prescribed "oxys," according to a police affidavit. More than 200 pills were taken from the apartment.
The victim told police Milardo was his friend.
Milardo and Williams fled and led police on a chase before they were stopped in Wiscasset in a white Nissan sedan, driven by Milardo. Fernald said there were thousands of dollars and hundreds of pills visible in the vehicle when the pair was apprehended.
When caught, both men, in explicit detail, confessed to the crime, said Fernald. He described the state's case as strong.
Fernald said Milardo coordinated the robbery and the main distinction between the men is that Williams has no previous criminal record.
Courier Publications' reporter Juliette Laaka can be reached at 594-4401 ext. 118 or via email at email@example.com.
594-4401 ext. 118
Juliette primarily covers the cops and courts beat for The Courier-Gazette.
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