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Judge grants accused abuser bond; cant contact fiancee...

Submitted by admin on Sat, 2007-04-28 03:53.

A Naples couple’s May wedding plans may have to be put on hold after a judge on Friday issued a no-contact order barring them from seeing, writing or speaking to each other.

Nick Cuomo Jr., 39, had remained in the Collier County jail since April 12, accused of beating up his live-in girlfriend, Dawn Dillard, after a deputy reported that he took out a $100,000 insurance policy on her and threatened to kill her if she called police.

After hearing testimony from Dillard, Cuomo and his father on Friday, Collier County Judge Robert Crown released him on $5,000 bond under conditions agreed to by Assistant State Attorney Mara Marzano and Cuomo’s attorney, Janeice Martin.

“Yes, sir,” Cuomo replied, dabbing his eyes with a tissue.

Testimony by Dillard, who works with Cuomo at his parents’ business, Gulf Coast Marine Repair & Service, showed the couple applied for insurance. He was denied due to health problems, but hers was approved, listing him as sole beneficiary. They wanted insurance because they ride a motorcycle and also want to borrow money against the policy.

As part of the bond agreement, Dillard removed Cuomo from her insurance policy and Crown barred him from becoming a beneficiary on any policy.

Crown ruled he must attend substance-abuse counseling within 10 days and follow recommendations; attend three Narcotics Anonymous meetings weekly unless given other recommendations; and undergo urine testing at least once weekly.

Cuomo must adhere to an 8 p.m. curfew, unless he’s with his father, whom he will live with — for now. Dillard, who planned to marry him in early May, will remain at his home with her two children.

After Martin asked for some form of communication, Crown ruled the couple could speak to each other through Nick Cuomo Sr.

The case highlights how much discretion a judge has in setting — or denying — bond. In Cuomo’s case, Assistant State Attorney Christopher Elliott had asked for $20,000 bail at the initial hearing, while Martin had argued for a much lower amount.

But Collier County Judge Mike Carr ruled April 13 that he saw no conditions of release that would preserve the victim’s safety.

The Florida Constitution states that if no conditions can reasonably protect the community from risk of physical harm, assure the defendant will show up for trial, or guarantee the integrity of the judicial process, a defendant may be detained before trial.

Baxter was called to Cuomo’s condo at 4209 21st Place S.W. in the Courtyards at Golden Gate to check a domestic disturbance at about 8:30 p.m. April 12. Dillard told him Cuomo had left and was walking around to cool off. She said that during an argument, he grabbed her neck, violently grabbed her breasts and threw her to the ground.

Baxter noted that she had no visible marks or bruising, but was holding her stomach as if it hurt. The condo showed signs of a physical altercation, with holes punched in walls and dents in the refrigerator.

As they talked, Cuomo called Dillard’s cell phone, which she put on speaker phone. Cuomo sounded upset and continued to threaten her.

Dillard told Baxter that Cuomo had threatened her, saying if he were arrested, he’d come back and kill her after he was released. Baxter searched outside, found Cuomo near his patrol car and arrested him. Further investigation revealed the $100,000 insurance policy.

Criminal records show no prior offenses, but deputies were called to his home for a disturbance in June 2006; no arrest was made and no report was taken.

A habeas corpus hearing — Latin for “you have the body” — was set for April 19 before Circuit Judge Cynthia Ellis.

Martin filed a motion calling Carr’s ruling unlawful, noting other similar Collier County cases result in bonds from $1,500 to $3,500.

Marzano’s motion argued that Martin hadn’t filed a motion to set bond, as Carr recommended. And she argued that defendants seeking a habeas corpus must produce enough evidence to overcome the presumption of correctness of the ruling they’re contesting — and that wasn’t done.

So the hearing was canceled and as Ellis ordered, Carr wrote an order detailing his reasons for holding Cuomo without bond. In the meantime, the prosecution and defense spoke to all parties involved and came to an agreement.

On Friday, Cuomo’s father told Crown that jail was a “Godsend” for his son, who was forced to go through detox, and he’d seen a positive change.

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Advertisemont 2007 Naples Daily News. All rights reserved. Published in Naples, Florida, USA by the E.W. Scripps Co.

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