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Fat Nick denied lower bail in Howard Beach bias crime

By Howard Koplowitz

Minucci, 19, is accused of beating Glenn Moore, a 22-year-old black man from St. Albans, with an aluminum baseball bat while spewing racial epithets in Howard Beach back in June.The white teenager's newest and third attorney, Albert Gaudelli, argued that his client's bail should be reduced because prosecutors exaggerated the extent of Moore's injuries that he allegedly sustained in the attack.”The head injury was rather minor,” Gaudelli said in a phone interview, referring to prosecutors who said Moore suffered a fractured skull in the alleged hate crime. The attorney noted that court documents never said Moore was hit in the head with a bat, which the lawyer said was inspected by police who found no sign of skin, hair or blood on it.Gaudelli said he had to fight to subpoena Moore's hospital records when he was retained by Minucci in December. After receiving them this month, the lawyer said they showed that Moore suffered a brain injury in a car accident nine years ago that resulted in a seizure disorder. He claimed that Moore's injuries on the night of the attack were due to the pre-existing condition.”My client violated no crime,” he said. “It's appalling that the DA misrepresented (Moore's) injuries to the court.””Without the mayor and without the police commissioner, without the PR, (Minucci) would be out on $1,000 bail,” he said, claiming that the incident was “not a hate crime.”Minucci's bail is currently set at $250,000, an amount Gaudelli said was “equivalent to a remand.” The teen is also remanded without bail because he was on probation during the time of the alleged hate crime for stabbing Queens high school student John Rich.The request to reduce Minucci's bail was denied by Queens Supreme Court Justice James Griffin and marked the sixth time his lawyers were unsuccessful. allThe DA spokeswoman said there is no limit to how many times Minucci can argue for his bail to be reduced as long as it is based on a different legal issue for each request.She said that if he were to be granted a bail reduction, it could be taken into consideration toward setting bail for his violation of probation.Minucci's co-defendant, Anthony Ench, 22, also of Howard Beach, pleaded guilty to assault as a hate crime in early November, admitting to kicking Moore and stealing his sneakers. He is currently serving a two-year sentence in a state prison.Reach reporter Howard Koplowitz by e-mail at news@timesledger.com or by phone at 718-229-0300, Ext. 173