Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, March 17, 1990 TAG: 9003172496
SECTION: VIRGINIA PAGE: A3 EDITION: METRO
SOURCE: DOUGLAS PARDUE STAFF WRITER
DATELINE: LENGTH: Medium
U.S. District Judge James Turk said he believes the bond, partly secured by the home of Lucion's mother, would be enough to make sure Lucion returns to be sentenced.
Sentencing was set for May 23. Lucion, a former Roanoke real estate salesman, faces a possible 35 years on racketeering and mail fraud convictions returned last week after a three-week trial.
Turk's decision to release Lucion, 40, came despite Assistant U.S. Attorney Peter Strasser's argument that Lucion is a con man who lied and cheated people who trusted him, stealing more than $1 million. Lucion would walk out on his own mother, too, Strasser said.
Lucion's mother, Jean Lucion, said Strasser's wrong. A tiny woman who works as a sales clerk at a Leggett Department store in Roanoke, Jean Lucion did not get to testify during the brief bond hearing. But, after the hearing, she said, "I believe in my son wholeheartedly.
"He wouldn't do anything to jeopardize his mother. He may not be tied to my apron string, but he's tied to my heart. . . . He's a good boy."
Much of the rest of Lucion's bond was put up by Nelda DiLauro, Lucion's former girlfriend. She signed over a house and five acres of land, valued at $75,000. DiLauro at one time was an official in some of the corporations through which Lucion bought and sold property.
Lucion and his former partner, Elmer Craft, were convicted of cheating 85 Roanoke investors out of more than $2 million in an interstate shopping center investment scam.
Craft, 42, pleaded guilty last year and testified for the government against Lucion.
Turk said the only thing that had bothered him about jailing Lucion last week was that it didn't seem fair to lock up Lucion and let Craft remain free on bond.
Lucion's Miami attorney, Joel Hirschhorn, agreed. "Mr. Lucion is being punished because he chose to exercise his constitutional right" to plead innocent and have a trial by jury. It's "intrinsically unfair" for Lucion to be in jail while Craft is free, he said.
"Comparing Craft and Lucion is like comparing apples and oranges," Strasser said. Craft deserves to remain free until sentencing because he admitted what he did, cooperated with the government and remained in Roanoke, Strasser said.
Lucion, he said, has refused to admit guilt and moved to Miami shortly after the fraud scheme was discovered three years ago. In addition, Strasser said, when the court ordered Lucion to turn in his passport, he told officials he had sent it in, but it got lost in the mail.
"I'm worried about that also," Turk conceded.
Tommy Joe Williams, attorney for many of the investors who lost money to Lucion, said he's certain Lucion will flee now that he's free. Williams and some of the investors believe Lucion has hidden part of the money he stole in offshore banks in the Caribbean.
He faces prison, and the government is preparing to seize all of his money and property, including his condo overlooking Miami. Lucion has no reason to stay now, Williams said.
Under terms of the bond, Turk ordered Lucion to make daily telephone contact with court officials and to meet at least once a week with his probation officer. He also restricted Lucion to traveling only in the western part of Virginia and the Miami area, where Lucion now lives and where Lucion said he was returning Friday.
As he left the courthouse, Lucion was met with heckling from one of his former investors, Vinton businessman Henry Brabham.
"Hey, Steve. What bird don't fly?" Brabham said.
The answer: a jailbird.
by CNB