FEDERAL COURT,
Oct 13 --
Months after
the DC
Circuit's
decisions in
US v. Munchel and more
recently
Tanios, on October
13
DDC Judge Royce
C. Lamberth
had before him
Capitol breach
defendant Christopher
Worrell, whose
injured
fingered was
not operated
on in
detention from
June onward,
while records
were not
produced.
Judge Lamberth
issued a
contempt order, and
urged DOJ to
investigate
conditions and
medical
treatment in
the DC Jail.
But will they? Inner
City Press
live tweeted
it, here.
Judge Lamberth: There was not adequate
evidence in the record about the hand, the
hand broken on May 16. He was taken to the
hospital - but I saw the expert recommended an
operation in June, which by September hadn't
taken place. The supplement didn't answer my Q
Judge Lambert: I called up the head Marshal of
this District, said if the DC Jail was not
providing proper treatment, maybe this
defendant and others would have to be move.
The Marshal wrote to the jail; his staff sent
a Sept 22 request to the jail
Judge Lamberth: We've been waiting since
September for Doctor Wilson's notes. Imagine
my surprise last Thursday when the US Attorney
told me the Marshal have not approved the
operation. That was news to me.
Judge Lamberth: So I issued an order for
the notes. How did they magically appear? A:
They were not part of the electronic medical
record- Judge Lamberth: Where were they?
A: In a file. It's a Howard U record
Judge Lamberth: Why were they not given to the
Marshal?
A: Going forward they will be part of
the electronic record. This will never happen
again.
Judge Lamberth: They were only produced after
I set the contempt trial.
Meanwhile,
Inner City Press now month-long attempt to gain access to the
videos DOJ used in US v.
Padilla before Judge Bates
has run into a brick wall -
this is not transparency, and
we'll have more on it, and
these cases.
On Kenneth
Harrelson on
August 5,
Inner City
Press filed a
letter and
motion with
Judge Mehta, on
its
DocumentCloud
here.
On August
16, this:
"Judge Mehta
is in receipt
of your email
requesting
access to the
videos filed
in United
States v.
Harrelson, No.
21-cr-28-10.
Under Standing
Order No.
21-28, in
order for the
court to grant
Inner City
Press access
to the videos
filed in Mr.
Harrelson’s
case, you will
need to file
an application
for access
pursuant to
D.D.C. Local
Criminal Rule
57.6."
That rule provides:
"Any news
organization
or other
interested
person, other
than a party
or a
subpoenaed
witness, who
seeks relief
relating to
any aspect of
proceedings in
a criminal
case... shall
file an
application
for such
relief with
the Court. The
application
shall include
a statement of
the
applicant's
interest in
the matter as
to which
relief is
sought, a
statement of
facts, and a
specific
prayer for
relief."
So,
citing the
Rule, Inner
City Press
filed another
letter, one page,
docketed
here
Now on
August
19, it's been
granted (shouldn't
have been
necessary):
"MINUTE ORDER
as to KENNETH
HARRELSON (10)
granting Inner
City Press's
343
Application
for Access to
Video
Exhibits. The
United States
shall make
available to
Inner City
Press the
video exhibits
entered into
evidence
during the
detention
hearing of
KENNETH
HARRELSON
(10),
consistent
with the
procedures set
forth in
Standing Order
21-28. Inner
City Press is
granted
permission to
record, copy,
download,
retransmit,
and otherwise
further
publish these
video
exhibits.
Signed by
Judge Amit P.
Mehta on
8/19/2021."
So now,
immediately,
put on Inner
City Press'
YouTube, video here
Similarly,
Inner
City Press
asked DOJ and
then Judge
Timothy Kelly
for access to
the videos
that DOJ had
shown to the
court in the
case: judicial
documents
that, under
case law, must
be made
available to
the public. But
it was denied
access, on the
theory that
Judge Kelly's
order earlier
in the month
limited access
to these judicial
documents to a
particular
sub-set of the
public.
Inner
City Press on
July 27 wrote
to Judge
Kelly,
including in
the form of a
motion, now on DocumentCloud, here.
By noon the
next day, July
28, nothing -
no responses,
no response.
We'll
have more on
this. For now,
podcast here;
music video here.
Inner
City Press
live tweeted
Riley June
Williams on
January 25, here.
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