SDNY
Judge Berman Calls Epstein
Death In MCC A Tragedy But
Hogging Of Legal Meeting Room
Unexplained
By Matthew
Russell Lee, Scoop
Patreon,
thread
SDNY COURTHOUSE,
August 12 – Jeffrey Epstein
reportedly committed suicide
in the Metropolitan
Correctional Center after
being removed from suicide
watch. This came eleven days
after Inner City Press
exclusively reported
irregularities at the MCC
including Epstein then being
allowed to use without
supervision all day, every day
one of the only two legal
visit rooms for prisons in the
Special Housing Unit of the
MCC.
Now on
August 12 after the Daily
News' intrepid Stephen Brown
called District Judge Richard
Berman's chambers on behalf of
the SDNY Press Room requesting
comment and was told
that "Jeffrey Epstein's death
is a tragedy to everyone
involved in this case,"
several questions arise.
Will Judge
Berman, or another judge,
inquire not only what happened
in the hours before Epstein's
death, but also the days? Why
was Epstein allowed to spend
so much time presumably
outside of any MCC filming in
the legal meeting room? Was
what took place in there all
legal? We'll have more on
this.
Other defense lawyers
exclusively complained to
Inner City Press about not
being able to see on a timely
basis their clients in the
MCC. Now what will be done
about the MCC's (lack of)
supervision, including by U.S.
District Court for the
Southern District of New York
Judge Richard M. Berman?
Epstein had shifts of lawyers
purporting to meet with him
all day, in a room where the
other Criminal Justice Act
lawyers said Epstein had
access to the Internet. The
CJA lawyers had to wait up to
four hours to see their
clients.
"It's
outrageous," one of the
lawyers told Inner City Press.
"El Chapo is the only other
one who tried this, but he was
in a special unit so it didn't
impact the rest of us." More
on Patreon here.
Other
child sex defendants have
conditions that they cannot
use the Internet. They are
also supervised, especially
but not only when on suicide
watch. But with Epstein paying
lawyers to meet with him all
day in the MCC, he was allowed
to use the 'Net and presumably
more.
At a July 31
status conference his neck did
not come up, only the
scheduling of now unnecessary
discovery and motions and a
tentative trial date: June 8,
2020 at 9 am.
Judge
Berman asked
the two sides
to agree on
timing and
they mostly
did - except
that Epstein's
lawyers said
they preferred
a September
2020 trial
date. The
government
said there was
a public
interest in
moving more
quickly and
that agreeing
to June was
already a
compromise for them.
So Berman
penciled in
June and
excluded time
under the Speedy
Trial Act
until them.
Now what
will he do,
about the suicide
and the questions
it raises?
The government
said all discovery would
be provided by
October 31
except for
some material
from devices seized
in New York
being evaluated
by the FBI. A first
round
of defense motions
were due September
13, for oral
argument on
October 28 at
10 am.
Substantive
motions were
due January 10
from the defense,
February
10 from the
government and
replies
February 24;
oral argument
on these will
be on March
12. And then,
it was said,
the June 8
trial. Now no
more.
Epstein's
lawyers in
asking for
September
said they
wanted to assess
if Epstein could
exercise his
Constitutional
rights - all
of them, it
now seems,
including a
natural law
right to self
erasure - while in the
MCC. They were
implying that
Epstein could
not work on
his defense
while in the
MCC. Many
people do it.
But Jeffrey Epstein...
is Jeffrey
Epstein, rather
like UNSG
Antonio
Guterres is
Antonio
Guterres.
Inner City
Press will
stay on this
and other
cases in the
SDNY.
Meanwhile
the SDNY
prosecutors more quietly cut a
cooperation
agreement with
another child
sex
trafficking
Anthony Darby.
Inner City
Press had gone to
the SDNY
courtroom of
Judge Paul
Engelmayer to
cover another
matter. But
inside the
courtroom a shackled
man was
pleading guilty.
The courtroom
deputy came
over to say
this was not
the case Inner
City Press had
come to cover.
But Inner
City Press
stayed to
cover it. Soon
Assistant US
Attorney
Wolf requested
a sidebar with
Judge Engelmayer.
The reason quickly
became
clear. Darby
was pleading guilty
to 14 counts,
sex trafficking
of minor
and conspiracy,
in exchange
for
cooperation he
would get a
5K1.1 letter -
in April 2020.
Judge Engelmayer
to his credit,
unlike at
least two
other SDNY Judges,
did not
lawlessly order
the Press to leave.
And for
that reason
for now Inner
City Press is
reporting only
these bare
bones facts: that
amid criticism
of the
Jeffrey
Epstein non prosecution
agreement, this
Darby deal is
taking place
in the SDNY.
Is it a good
deal? We'll
have more on this.
That
Jeffrey Epstein,
now in the Metropolitan
Correctional
Center by
Foley Square,
would be
denied bail on July
18 at
11:30 am
was widely predicted.
On July
17, after
Judge Berman
moved the time
for his
decision from
9:30 to 11:30
am the next
day, Assistant
US Attorney
Alison Moe
wrote to him: "The
Government
respectfully
submits this
letter to
briefly
respond to one
aspect of the
defendant’s
July 16, 2019
letter (ECF
No. 24), and
to provide the
Court with
additional
information
regarding the
defendant’s
foreign
passport. The
defendant’s
July 16, 2019
letter
asserts: “[A]s
for the
Austrian
passport the
government
trumpets, it
expired 32
years ago. And
the government
offers nothing
to suggest—and
certainly no
evidence—that
Epstein ever
used it.” (ECF
No. 24 at 7).
In fact, the
passport
contains
numerous
ingress and
egress stamps,
including
stamps that
reflect use of
the passport
to enter
France, Spain,
the United
Kingdom, and
Saudi Arabia
in the 1980s.
The Government
further notes
that the
defendant’s
submission
does not
address how
the defendant
obtained the
foreign
passport and,
more
concerning,
the defendant
has still not
disclosed to
the Court
whether he is
a citizen or
legal
permanent
resident of a
country other
than the
United States." Watch
this site.
On July
15 SDNY Judge
Richard M.
Berman asked
five questions
after
saying he
won't rule
until July 18
at 9:30 am in
his courtroom. Inner City
Press thread on
Twitter here.
More on
Patreon, here.
On
July 16 on the
issue of the
passport the
US wrote to
Judge Berman
that "During
the Detention
Hearing, the
Government
informed the
Court that it
had recently
learned that
law
enforcement
agents had
seized what
appears to be
an expired
foreign
passport (the
“Foreign
Passport”)
from a safe in
the
defendant’s
Manhattan
residence
during the
execution of a
search warrant
on or about
July 6, 2019.
The Foreign
Passport has a
photograph
that appears
to depict the
defendant, but
lists a
different
name.
Photographs of
that passport
are annexed
hereto as
Exhibit B. In
the same safe,
agents
discovered
what appears
to be an
expired United
States
passport
issued to the
defendant, in
his true name,
within three
years of the
date on the
Foreign
Passport. A
photograph of
that United
States
passport is
annexed hereto
as Exhibit C,
so that the
Court may
compare the
passports,
both of which
appear to
depict the
defendant.
Because
Exhibits B and
C contain
personally
identifiable
information
and sensitive
information
relevant to
the ongoing
investigation,
the Government
respectfully
requests that
Exhibits B and
C be filed
under
seal.
The Government
is attempting
to obtain
additional
information
about the
Foreign
Passport,
including how
it was
obtained and
whether the
passport is
genuine or
fabricated.
But the
defendant’s
possession of
what purports
to be a
foreign
passport
issued under
an alias gives
rise to the
inference the
defendant
knows how to
obtain false
travel
documents
and/or assume
other, foreign
identities.
This adds to
the serious
risk of flight
posed by the
defendant. FN:
The Government
has asked
defense
counsel to
advise whether
the defendant
is currently,
or has been in
the past, a
citizen or
legal
permanent
resident of a
country other
than the
United States.
To date,
defense
counsel has
declined to
respond.
Certainly if
the defendant
is, or has
been, a
citizen or
permanent
resident of
another
country, that
would add
significantly
to the
overwhelming
evidence of
risk of
flight."
As
to Epstein's
allegedly claiming
to be a Saudi
resident, it
is worth
noting as
Inner City
Press tweeted
that Epstein
funded the
expansion of a
UN-centric NGO
into Bahrain,
here.
Epstein's
lawyer Martin
Weinberg said
among other
things that
Epstein is
not an out of
control
rapist, and
offered to
post $100 million
bail.
In
response to
Judge Berman's
question on who
in the
Department of
Justice signed
off on the non
prosecution
agreement, Weinberg
cited the
current Under
Secretary of
Treasury, who
is Sigal P.
Mandelker, and
also Mark Filip.
Assistant US
Attorney Alex
Rossmiller
said they have
found a
passport from a
foreign
country, with
Epstein's
photo
in it but
another name,
listing him as
a resident of
Saudi Arabia.
Judge Berman asked
for a sample
of what was
found in Epstein's
East 71st
Street mansion
- and asked
for any
further
written
filings by
July 16 at 5
pm. He
will rule,
drum-roll, on July
18 at 9:30 am
in his
courtroom
(which on July
15 was called
too full for
Inner City
Press.) More on
Patreon, here.
Watch
this site.
Back
on March 6
when the
question of
releasing or
at least
reviewing
sealed Jeffrey
Epstein
documents was
taken up by
the U.S. Court
of Appeals for
the Second
Circuit, Inner
City Press
story here,
Alan
Dershowitz was
there.
Afterward by
the elevators
in 40 Foley
Square Inner
City Press
asked
Dershowitz,
what he'd
thought of
Judge Sweet's
decision. He
began to say,
Judge Sweet
made a mistake
- when first
his lawyer
gestured that
they should
go, and then
the clerk of
court asked
everyone to
leave the
floor.
Now it's
reported not only that
on July 8 Epstein will be
presented and indicted on sex
trafficking charges but also
that a search warrant was
executed on Epstein's
Manhattan mansion at 8 East
71st Street on July 6. Epstein
is in the Metropolitan
Correctional Center, photo here,
along with among others
convicted UN briber, Antonio
Guterres linked, Patrick Ho of
CEFC.
Cursory
research revealed not only
Epstein as a member of the
Council on Foreign Relations,
but bragging about his
financial support to CFR,
through the Jeffrey Epstein VI
Foundation. Photo here.
What will CFR say? Will they
belatedly be returning the
money?
While some call
it a pink hued building on a
dead end street, his mansion
is at 9 East 71st Street - one
block, it turns out, from the
Qatar royal family mansion
which has hosted human
trafficking covered up in the
SDNY, see Inner City Press here,
and below.
Inner City Press
will continue to cover this
and other SDNY and 2nd Circuit
cases - watch this site, and there is
more on
Patreon, here.
***
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