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Long Island Elvis Charged Seeking ISIS Seeks Classified Discovery and Return to MDC

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

FEDERAL COURTHOUSE, June 18 – Elvis Redzepagic of Long Island was arrested in 2017 and accused of traveling to Turkey and Jordan and trying to join ISIS to fight in Syria. Now on June 18, 2020 there was a status conference in his case before U.S. District Court for the Eastern District of New York Judge Denis R. Hurley.

Inner City Press covered and lived tweeted it: Elvis Redzepagic was denied bail in March. His lawyer said his client is in the MCC and wants a suppression hearing about his (six hour) post arrest statement. 

Judge Hurley said, make any motion you want, I'll rule on it. 

The Assistant US Attorney says defense counsel has made allegations about mental health issues with the defendant (who was arrested in 2017 for trying to go to Syria and fight with ISIS). AUSA does not want to provide him discovery while in jail. AUSA opposes bail, says denied twice. 

Judge Hurley: I don't have the file at home. I will arrange to have the file delivered to my home.    AUSA: When your Honor is able to review the suppression motion, you'll see that several came be resolved before a hearing, a hearing may not even be needed. 

AUSA: The only issue that may require a hearing is about the post arrest hearing. But your Honor has the video.  Judge: But there were gaps. There were recesses. I don't know if something transpired in the interim.  

AUSA: I believe your Honor doesn't have the complete tape. It was running the whole time. He went out to the bathroom. Judge: Was he accompanied by one or more officers? Some conversation? I have to review the complete file, and the whole tape.  Judge: I'll get the file and put it on for a conference in early July, if you want. Mr. Roach?

Roach: I'd be fine with that. But the problem is how much of the discovery is classified. A transcript of the tape is not enough to prepare our client for the hearing. 

Defense lawyer: On the allegations about when our client was in Jordan, we've been provided with no information. Yes, he was interviewed in Jordan and got deported. But they haven't given us any info. How will they prove he meant to go to Syria? 

Judge: Hence your application for a bill of particulars.  Defense lawyer: An application for additional discovery. Judge: I'll get the file to my home. And let's have a conference in two weeks, in the week of July 13.

Defense: He was at MDC, then sent to MCC for a competency exam. Can he be returned? Judge: That's an executive and not judicial matter.

AUSA: That's BOP's call. I don't know why he was moved.

Judge: Can I make a call? No. If I could, would I? No. Nothing I can do

 Judge: OK, this is adjourned. You work out the timing of the proceeding in the week of July 13. Actually, it may be July 21. Watch this site. 

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