Defendant's Memorandum Respecting Petition for Action on Conditions of Pretrial Release — Gardy Alexandre — United States v. Adiana Pierre (D. Mass.)

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U.S. District Court, District of Massachusetts · No. 1:24-cr-10007-MJJ · Doc. 33 · 2023-10-23 · Docket on CourtListener

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UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS
CRIMINAL #23-MJ-05013-JGD
________________________
UNITED STATES
v.
GARDY ALEXANDRE
_________________________
DEFENDANT’S MEMORANDUM RESPECTING PETITION FOR ACTION ON
 CONDITIONS OF PRETRIAL RELEASE
INTRODUCTION 
On September 14, 2023, U.S. Probation Officer Kara Lightowler filed a petition seeking a
show cause hearing for alleged violations of conditions of pretrial release by the defendant in the
above-captioned criminal case.  A duplicate petition was filed on October 13, 2023.  The Court has
scheduled a hearing on said petition for October 25, 2023 to be conducted remotely via Zoom.   This
response is submitted to the Court in anticipation of that upcoming hearing.
Alexandre’s conditions of release include a requirement that he must not violate any laws and
that he must notify his Probation Officer within 72 hours of having contact with law enforcement.
He has been on pretrial release for approximately nine months and has not yet been indicted
I. 
SUMMARY OF RELEVANT FACTS.
The Petition accurately states that defendant Gardy Alexandre [“Alexandre”] was stopped
by a West Palm Beach, Fl. police officer on Thursday, August 31, 2023 for failing to turn right from
a right turn-only lane.  A record check revealed that Alexandre did not have valid a driver’s license. 
Alexandre was arrested for driving without a license and his vehicle, with his identification and
cellphone inside, was impounded.
Case 1:24-cr-10007-MJJ     Document 33     Filed 10/23/23     Page 1 of 3

On information and belief and based on the relevant court records for case #50-2023-CF-
007546-AXXX-MB, appended hereto as Exhibit 1, Alexandre was released from custody the
following day, Friday, September 1, 2023.  The ensuing weekend was Labor Day Weekend. 
Accordingly, Alexandre was not able to retrieve his vehicle (and cellphone) until the morning of
Tuesday, September 5, 2023.  After retrieving his cellphone, Alexandre contacted his Probation
Officer on that same date to report his recent arrest.  
Thereafter, on information and belief and based upon court records, the 007546 case was
dismissed, and the charges were reduced to a misdemeanor under docket #50-2023-CT-017028-
AXXX-MB.   See Exhibit 2, appended hereto.  On October 6, 2023, Alexandre appeared in court,
pro se,  for the  adjudication of a single charge of driving with a suspended license.  The court found
him guilty, but agreed to vacate the guilty finding in 60 days if Alexandre pays $100 in court costs
and either completes 40 hours of community service or obtains a valid driver’s license within that
period of time.  See “Plea and Pass Agreement,” appended hereto as Exhibit 3.  
II.       DISCUSSION.
Alexandre admits that he was driving without a valid driver’s license on August 31, 2023 
in violation of Florida state law.  He also acknowledges that he did not contact his Probation Officer
within 72 hours of his arrest, although there were extenuating circumstances detailed above for his
failure to do so.  While these were violations of Alexandre’s conditions of pretrial release, he
respectfully suggests that they do not warrant revocation of his pretrial release.   Alexandre further
submits that no additional conditions of pretrial release are necessary, but he will, of course, comply
with any such conditions the Court may see fit to impose.  
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Case 1:24-cr-10007-MJJ     Document 33     Filed 10/23/23     Page 2 of 3

Respectfully submitted,
GARDY ALEXANDRE
By his attorney,
               /s/ James L. Sultan                     
James L. Sultan, BBO #488400
jsultan@rankin-sultan.com
           Rankin & Sultan
1666 Massachusetts Avenue, Suite P-16
Lexington, MA 02420
(617) 720-0011
CERTIFICATE OF SERVICE
I hereby certify that this document(s) filed through the ECF System will be sent electronically to the registered
participants as identified on the Notice of Electronic Filing (NEF) and to U.S.  Probation Officer Kara Lightowler, and
paper copies will be sent to those indicated as non-registered participants on October 23, 2023.
_____________/s/ James L. Sultan______________ 
                    James L. Sultan 
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Case 1:24-cr-10007-MJJ     Document 33     Filed 10/23/23     Page 3 of 3

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