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EDNY COURTHOUSE, August 15 –  Russian hacker Dmitry Ukrainskiy was to have been arraigned before U.S. District Court for the Eastern District of New York Magistrate Judge Ramon E. Reyes on August 10 at 9 am.

It was to be by Zoom from the Metropolitan Detention Center, also in Brooklyn. There was a public call-in line, which Inner City Press called into.  

But that arraignment did not take place. Despite the docket saying the arraignment was by Zoom, authorities had put Ukrainskiy on a bus from the MDC over to EDNY in Cadman Plaza. It was stuck in traffic, apparently -- the arraignment was canceled.

On August 15 it took place, with Urkainskiy's request for speedy trial not granted and the Office of US Attorney Breon Peace saying it may seek to move to the case to another judge. Inner City Press live tweeted, asked EDNYnews a question which, as before, it did not answer, thread here:

Now accused Russian hacker Dmitry Ukrainskiy being arraigned before EDNY Magistrate Judge Reyes. Counsel for Ukrainskiy: I spoke with my client yesterday in the MDC and he complains about the slow pace of his case and he demands a speedy trial.

Judge Reyes: The pace of the case is not something I can impact. I will let the District Judge know...

Judge Reyes: Mr. Ukrainskiy, you are charged in five courts. Have you received a copy of the indictment? Counsel: I dropped it in the MDC legal mailbox but he still hasn't received it... But he understands the charges and pleads not guilty.

EDNY AUSA: Some personal items came in- Counsel: This is not a matter for the court. EDNY AUSA: I want to put it on the record. We will mail them to an address in the US or hold them until the time of trial. And, we want to exclude time under the Speedy Trial Act

Defense counsel: He does not consent. AUSA: That doesn't matter. The Court can do it. Defense counsel: Mr. Ukrainskiy has been in custody for six years. The EDNY prosecutors do not need more time.

AUSA: We seized two computers, much evidence. To the extent that defense counsel's busy trial schedule- Defense Counsel: We don't even have the discovery yet. That's what Mr. Ukrainskiy objects to. That's the point.

Judge Reyes: When did the EDNY get this evidence? AUSA: Most of it in 2016...But it had to be decrypted. We now have an image of it. We can send it once he provides us with a hard drive.

Judge Reyes: I'll exclude time them. But further extensions are unlikely absent a better showing. AUSA Alexander Mindlin: My Office is going to be asking to transfer this case to another judge. [Inner City Press will be asking  EDNYnews  spox  Marzullij  questions] 

Inner City Press e-mailed EDNY U.S. Attorney Breon Peace's spokesman John Marzuli and his associate Danielle Blustein Hass: "Good morning. This is a Press request for  1) on the record comment on the basis for AUSA Alexander Mindlin minutes ago stating your Office will be seeking to change District Judges in 22-cr-351 (FB) USA V. UKRAINSKIY, and on the basis on not yet producing discovery on any of the information your Office got in 2016;  2) again, the basis for EDNY US Attorney arguing that sentencing memos are not judicial documents, now that Inner City Press' opposition and request to unseal has been docketed, here.  There will be more questions about US v. Angwang, a case Inner City Press has reported on since it's beginning - this is a request to be sent any and all information your Office sends out about this case and proceedings.  Why is EDNY Press Guidance, and the selective heads-ups you send out, not placed the night before on the EDNY website for the public to see, since it's public information compiled with public funds?   Reiterating previous request(s), including oral mea culpa of one week ago. A one-strike and you're out policy, without even listening, is not appropriate, particularly for a government / prosecutor's office. Thanks." No answer yet.

Back on August 10 Inner City Press e-mailed EDNY U.S. Attorney Breon Peace's spokesman John Marzuli before 11 am, "This is a Press request for an on-the-record statement by EDNY why the scheduled arraignment this morning of  Dmitry Ukrainskiy did not occur (and a request to be informed when it is rescheduled, as with the Jordan/Washington, below).   [See,   ORDER as to Dmitry Ukrainskiy Arraignment on Indictment previously scheduled for 8/10/2022 at 09:00 AM via video before Magistrate Judge Reyes is adjourned due to the fact that the defendant was not present for the video hearing.]    Same request(s) on Jordan and Washington status conference that didn't happen today at 9 am.  Why is "Press Guidance" not placed on the EDNY website for all, given that it is a compilation of public information compiled with public funds?  Not having basic information that is given to other media inevitable impacts coverage.   Again, below unresponded to requests, including for reconsideration, reiterated." 

 Twenty four hours later, no answer at all, neither from Marzulli nor his associate Danielle  Hass on either case, nor a new (China) one, here. Jordan and Washington are charged with murdering Run-DMC's Jam Master Jay; one imagines that Marzulli sent a heads-up to some but not all media which asked. Why isn't this publicly produced and paid for information made available?  

Ukrainskiy was extradited, after delay, from Thailand, like Viktor Bout before him. This is the second time his arraignment has been screwed up in EDNY.

Now, docketed on August 11, a third attempt is set: "SCHEDULING ORDER as to Dmitry Ukrainskiy Video Arraignment on Indictment rescheduled for 8/15/2022 at 09:00 AM before Magistrate Judge Ramon E. Reyes, Jr."

We await answers, to all of the above.

Ongoing disclosure: This was prepared without any assistance or answers from Eastern District of New York US Attorney's Office spokesman John Marzulli, ex-Daily News, who without hearing or appeal on August 8, 2022 decreed that said "his" / EDNY's publicly-funded information will henceforth go to some (including outside of New York) but not others, or other, like NYC-based Inner City Press. We have requested reconsideration, still unacted on. We'll have more on this.

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