Opisso asked U.S. District Court Judge G. Ann Spelman to set bail at $100,000 cash or $250,000 bond. Justin Buckley’s attorney, Jonathan Manley, called that request “absurd,” and Spelman, noting that none of the defendants had criminal records, set bail at $5,000 cash or $10,000 bond.
Ronkonkoma attorney Anthony Ciaccio, who represents the unidentified victim who was hospitalized with a broken nose, said that despite the hate crime charge, his client is not gay. Ciaccio said that his client was “viciously attacked for no reason.”
The Buckleys, Battaglia and Gilbert have received support on Facebook from community members, who maintain that the altercation was just another drunken “boys will be boys” fight and had nothing to do with sexual discrimination.
Sources close to the case said that the attorneys for the Oceanside defendants have moved to have the hate crime charge dismissed. Spelman did not address that motion, but tentatively set the next court date for Sept. 25. The four will remain free on bail until then.