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SDNY Brooklyn State Judge Ash Has Nov 30
Trial As Judge Mulls Asking Jurors of
Vaccine
By Matthew
Russell Lee, Patreon Alamy
photos
SDNY COURTHOUSE,
Nov 16 – A now suspended
Brooklyn Supreme Court judge
Sylvia Ash was first brought
by US Marshals on October 11,
2019 to be presented in SDNY
Magistrates Court on charges
of obstructing the
investigation of fraud at the
Municipal Credit Union, where
she was a board member.
Then on
November 4, 2019 she appeared
with her Court Street lawyer
Roger Archibald before SDNY
Judge Lewis A. Kaplan. Things
did not go well, see below.
On June 2, 2020
Judge Kaplan denied Ash's
motion to suppress in its
entirety (the 19 page Order is
online), and noted this:
"Archibald had an actual or
potential conflict because he
appeared to have been involved
in the conduct charged to Ash.
The involvement was as
follows: On July 6, 2018 Ash,
through Archibald, made an
allegedly incomplete
production in response to the
June 18, 2018 subpoena, which
had required that she produce,
among other items, all
correspondence with Wong and
all documents regarding any
items of value received from
Wong or the MCU ."
On
September 1, 2021 the trial
was firmly set for November
30. And on November 16, this:
"ORDER as to Sylvia Ash:
Following argument of the in
limine motions, counsel should
be prepared to discuss whether
the vaccine status of
prospective jurors should be
ascertained during voir dire,
whether unvaccinated
prospective jurors should be
excused on that basis, and
more generally the role, if
any, that vaccination status
ought to play in selecting and
seating a jury in this case.
(Signed by Judge Lewis A.
Kaplan on 11/16/2021)."
Back on
October 11, 2019 after a
proceeding replete with State
versus Federal court and
Brooklyn versus Manhattan
cultural clashes, Sylvia Ash
was freed on $500,000 bond
with a GPS location monitoring
bracelet.
Her Court
Street lawyer Roger Archibald
told reporters that she must
be presumed innocent, then
went back into the SDNY
Magistrates Court to work on
the logistics of his client's
release.
The
release had not been sure.
Assistant US Attorney Eli Mark
complained that Ash's lawyer
Archibald had inaccurately
told prosecutors that Ash was
on her way to Africa. Then
that Archibald, when he
learned Ash was instead on the
way to Miami, had not updated
or corrected the false
information.
Archibald
for his part said Ash she be
released without condition,
given what he called her
"pedigree." SDNY Magistrate
Judge Ona T. Wang quoted this
back in her decision, saying
that accepting that logic
would mean unconditional
release for any defendant with
a degree.
When Judge
Wang asked Archibold to make
his arguments under the
applicable Federal statute
under the Bail Reform Act,
Archibald said he did not have
a copy. Later he asked for the
preliminary hearing on October
21, when the government has at
least 21 days for defendants
who are bailed.
It
was state versus Federal,
Brooklyn versus Manhattan....
***
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