Judge Chesney: Luke Brugnara Federal Pretrial Release Conditions Set

The judge said Luke Brugnara’s health conditions and trouble meeting with his attorney weighed heavily in her decision allowing him the opportunity to make bail. The Phillip Burton Federal Building and U.S. Courthouse entrance on Golden Gate Avenue in San Francisco, California on Wednesday, July 30. (Margaret Attridge/Courthouse News) SAN FRANCISCO (CN) — A federal judge Wednesday ruled former San Francisco real estate investor Luke Brugnara may be released from pre-trial custody if he meets certain conditions. In an order from the bench, Senior U.S. District Judge Maxine M. Chesney ordered Brugnara can be released on the conditions he posts a $100,000 bond and produces a cashier’s check for $50,000. The Bill Clinton appointee further ordered Brugnara wear an ankle bracelet for electronic monitoring and return to his residence in the Outer Sunset for home confinement, only leaving the property for legal, medical, and court appointments. He is also ordered “not to be near any firearm.” “Don’t prove me wrong, Mr. Brugnara,” Chesney said. Brugnara, 62, was indicted in May 2024 on nine counts of wire fraud and three counts of money laundering. In August 2024, Chesney directed Brugnara to be released from custody on the condition he would not commit any crimes or possess a firearm. However, prosecutors moved to revoke his bail in February following a Jan. 21 altercation in which Brugnara was arrested for possessing a firearm and threatening to shoot two people for trespassing at Thornton State Beach in Daly City, California. Brugnara never showed up for the February bond revocation hearing. However, prosecutors say he kept filing court documents demanding his bond conditions be reinstated. He was apprehended by U.S. Marshals on July 30. Brugnara returned to federal court Aug. 3, denying he knew about the February court date and claiming he made every effort to ensure he was in contact with pretrial services and his attorney. However, when U.S. Magistrate Judge Lisa J. Cisneros attempted to issue her ruling from the bench revoking bail, Brugnara interrupted her several times and insisted the judge was prejudiced against him. He eventually had to be escorted out while continuing to shout at the judge. Chesney affirmed Cisneros’ order on Aug. 11, saying it would be difficult to “essentially overrule the magistrate judge and find that Mr. Brugnara should be given another chance for pretrial release.” The judge further denied Brugnara’s request to be released a week later. Throughout six hearings in over five weeks, Brugnara continually offered larger and more expansive bail packages to reasonably assure his appearance in court, including loaned cash, an Andy Warhol painting and a title to a property in Daly City owned by his girlfriend. Brugnara repeatedly claimed his high blood pressure and other outstanding health conditions were worsening in jail, and he was unable to meet with his attorney to prepare for trial. Then, following his repeated requests to represent himself, Brugnara argued the jail was preventing him from accessing the resources he needed to prepare for trial. However, Brugnara also said he would give up his pro se status and revert to having his former attorney, Matthew Dirkes of Illovsky Gates & Calia, represent him at trial, if released from jail. “I need Matt Dirkes to represent me in this case. I just want to sit here and watch this brilliant man do what he does,” Brugnara said. Dirkes further expressed that representing Brugnara while he was in custody would be “virtually impossible for me as his lawyer to prepare for trial when he is in custody.” Chesney said Brugnara’s health conditions and Dirkes’ assertions “weighed into” her decision. The judge additionally expressed her concerns with Brugnara’s past history of not showing up to court when the situation is unfavorable to him. “In the past, when things haven’t looked favorable, you have exited,” she said. “If you insist on sticking around, I want someone to f

This case illustrates judicial discretion in granting pretrial release, even for defendants with a history of non-compliance, when health issues and the ability to prepare for trial (specifically, access to counsel) are presented as significant factors. Defense attorneys may find this a relevant example for arguing for bail or modified conditions based on a client's health or impediments to trial preparation.

Source: Original reporting via Courthouse News Service