Suspect in case of semen-tainted yogurt denied bail

(CBS/AP) ALBUQUERQUE, N.M. - A federal Judge on Friday denied bail to tainted-yogurt suspect Anthony Garcia, saying his behavior was getting worse and he's a danger to the community.

The Albuquerque man will therefore remain in the custody of the U.S. Marshals Service until his trial, reports CBS affiliate KRQE.

The detention hearing came a day after Garcia pleaded not guilty to charges of adulterating food and lying during a federal investigation. Police say Garcia gave a customer a sample of yogurt laced with his semen when he worked at Sunflower Market near Corrales Road in January.

Court documents released on Thursday show at least three prior instances beginning in 2001 where there were reports that Garcia was detained for indecent exposure and masturbating in public.

In federal court on Friday, Garcia's attorney argued that Garcia was convicted and placed on probation on only one of those incidents and should be remanded to a halfway house until the trial.

Federal prosecutors said the new charges "scream for detention fueled by his past run-ins with the law." The judge agreed and added that Garcia had violated a previous order from a state court that he couldn't live with children but was residing with his sister and her 14 year-old son at the time of his arrest.

Prosecutors say another reason to keep Garcia in custody as a flight risk is because at the time of his arrest on Wednesday he kept Albuquerque police officers at bay for at least an hour until he surrendered.

If convicted, Garcia could spend up to eight years in prison.