Magda Castro Santos, a defendant in the federal Tootsys sex trafficking case, will be granted pretrial release on an unsecured $50,000 bond but not until a few issues are resolved, U.S. Magistrate Judge G. Alan Teague ruled at a detention hearing Thursday in District Court on St. Thomas that stretched nearly four hours.
Teague acknowledged some challenges facing the court before Castro Santos is released. Not least of those is what to do about her wife, who is one of the alleged victims, reportedly in the country illegally, and lives at the apartment where Castro Santos would have to reside under strict conditions — including no contact with any of the alleged victims.
Castro Santos, 39, was arrested April 18 when FBI agents raided Tootsys Gentlemen’s Club in Red Hook that they alleged was really a brothel, where dancers brought in from outside the territory were coerced into a commercial sex scheme to repay travel and housing expenses, according to court records.
She and her co-defendants — Hussein Jamil, 56, who also goes by Hussian Jamil Suarez and Tony, and Julio Hidaldo De Pena, 65 — are charged with conspiracy to transport for the purpose of prostitution, conspiracy to commit interstate and foreign travel or transportation in aid of racketeering enterprises, and conspiracy to harbor aliens for financial gain — punishable by a maximum of 10 years in prison, according to the U.S. Department of Justice.
Jamil, portrayed as the ringleader of the alleged operation in court documents, has been denied bail. De Pena has been granted pretrial release but has yet to find a suitable third-party custodian.
Carlos Santos’ proposed third-party custodian testified in court Thursday after failing to appear at a previous detention hearing. Speaking through a Spanish interpreter she said she was a willing participant and has known the defendant since 2005, chiefly through her ex-husband, Clarence Smith Jr., a friend of Castro Santos and Jamil’s who was found not guilty of weapons and drugs charges at a jury trial in 2023, according to Thursday’s hearing and District Court documents.
Despite working five days a week as a manicurist at Tutu Park Mall and caring for three minor children, with another on the way in July, she told the court she would diligently check in on Castro Santos every day.
Prior to working as a manicurist, she was employed in the kitchen at Club 75 — a “gentleman’s club” Jamil once operated in downtown Charlotte Amalie — but never at Tootsys, and neither did her ex, she testified.
The government, represented by Assistant U.S. Attorney Natasha Baker, spent some time Thursday emphasizing that it was Smith who had the friendship with Castro Santos, not his ex, though the two women are acquainted. Moreso, he has a captain’s license, though he hasn’t owned a boat since his sank some years ago, which his ex-wife confirmed during her testimony.
According to the initial complaint, Jamil used boats to transfer women through the British Virgin Islands to St. Thomas and knew the captains to run them.
However, as he explained the calculations behind his order to deny the government’s motion to detain Castros Santos, Teague said he had paid no mind to that argument regarding her flight risk. St. Thomas is an island and a lot of people have boats, he said.
He also was not convinced by the government’s argument that Castro Santos is a risk to the community if released, noting that she is not accused of violence and has no prior criminal record, though he admitted, “I ultimately find what’s been alleged is pretty troubling, I’ll put it that way.”
The judge also referenced what most everybody in attendance was feeling, that “the court has heard more arguments than it can imagine” after three previous hearings that also lasted hours. “I think I am well versed.”
At one point Castro Santos’ attorney, Raul E. Bandas of Puerto Rico, complained that the hearings had become a trial, but without the benefit of discovery. “This is not a trial. Put it in bold, capital letters,” he said.
Appearing via video conferencing, Bandas painted his client as someone hardly able to abscond, saying she earned about $2,500 a month working at Tootsys. “This is not a person who has the means to charter a private jet and go to Russia,” he said. She has long ties to the island, but also family in Puerto Rico if she cannot return to her apartment, he said.
Bandas also hinted at a defense, saying that Castro Santos has lived on St. Thomas for 20 years without a single complaint against her, so how does that square with claims of “intimidation, intimidation, intimidation” but none of the alleged victims every complained to police, he said.
Castro Santos, short of stature with a long black ponytail and an undercut, appeared in court in a green jail jumpsuit and shackles. She sat quietly, listening to the proceedings through the interpreter, at one point glancing back at her custodian in the gallery to shake her head as the hearing dragged on.
Among the conditions of her release that Teague set Thursday, she will wear an ankle monitor and stay away from Tootsys, Red Hook and the Bolongo area, where Jamil is alleged to have kept women in a house known as Bolongo 25, or B25. (Among the allegations in Smith’s gun case was that he received firearms in the mail at Bolongo Bay #25.)
Castro Santos may not have any contact with her wife, Smith, or any current or former Tootsys employees, witnesses, or alleged victims, Teague said, and if she happens to cross paths with one of them, must notify probation services immediately.
She may not leave St. Thomas, must surrender her passport, and actively seek employment, but not in a “gentlemen’s club” or bar environment. She is restricted to her home at all times except for work, education, court matters and medical appointments. “So, if you want groceries, you will have to ask probation services” for permission to go to the store, Teague told her.
But for now Castro Santos will remain in jail until a criminal background check is completed on her third-party custodian — who testified Thursday she has never been arrested and that she received her U.S. citizenship in February — and until pretrial services has vetted her home for release. If it is not found suitable, counsel will have to provide an alternative location.
Teague also issued a stern warning to Castro Santos, telling her that if she breaks any of the conditions, “you most certainly will be back in front of me.”
The judge also said Thursday that an indictment has been handed down in the case, though it was not yet filed on the docket early Friday. That started the 70-day speedy trial clock, he said, and set the trio’s arraignment for Wednesday and said he will also issue a scheduling order that day.












