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In SDNY Judge Sullivan Calls Time Served Call For Douglas A Windfall Day After Court Door Locked

By Matthew Russell Lee, @SDNYLIVE

SDNY COURTHOUSE, August 27 -- Shea Douglas pleaded guilty to three robberies, one armed, and was scheduled to be released on April 6, 2021. But on August 27 in the U.S. District Court for the Southern District of New York, Assistant US Attorney Matthew Maimin argued that he should be released now, in keeping with the decision in US v Davis.

   Circuit Judge Richard J. Sullivan called this a "windfall" for Douglas. Inner City Press caught this statement, but soon left to cover the ceremonial courtroom testimony surrounding the motion to dismiss the case against Jeffrey Epstein following this death - we'll have more on Judge Sullivan's processing of Douglas, and US v. Davis.

   This came a week after Judge Sullivan oversaw the jury conviction of Ernest Murphy for drugs and guns, while proposing sentencing above the guidelines for Murphy's co-defendant Tyreek Robinson. 

  Judge Sullivan has a publicly scheduled sentencing on August 26 at 3:30 pm of Gabriel Castillo-Rosario. But when Inner City Press showed up to cover it, even at 3:35 pm, the courtroom door was locked, and members of the public outside. Could the sealed sentencing in US v. Rodriguez have been taking place inside? We'll have more on this too.

  


A jury returned guilty verdicts on drugs and gun charges on August 20 against Ernest Murphy, one of 15 defendants in a Brooklyn-based narcotics conspiracy case brought by the U.S. Attorney for the Southern District of New York.

   It came after some electronic and laboratory evidence was suppressed by Circuit Judge Richard J. Sullivan, who rather than re-assigning has kept many of his criminal cases in the SDNY.

  Murphy's two Criminal Justice Act lawyers, Patrick Joyce and Robert Moore, complained to Judge Sullivan on the eve of trial that they had only then been given 16 gigabytes of audio and video recordings and lab tests on crack cocaine.

  Rather than delay the trial, Judge Sullivan ordered much of it suppressed. During the five day trial the government still had a number of NYPD lab technicians testimony, and played wiretaps of cell phone calls and calls from Riker's Island, whose location in The Bronx was cited as a basis for venue in the SDNY.

  In the intercepted calls, there was discussion of cooking, packaging and selling crack cocaine. Several times reference was made to bringing firearms to protect turf. A government slang expert witness said that "Shaquille" jersey meant .32 caliber pistol.

  After the jury got the case, they asked to examine the drugs. Judge Sullivan declined to send the crack and ecstacy pills into the jury room. Instead the juror came out and passed them hand to hand, in evidence bags, in the jury box.

 On the second day of deliberations the jury through the Court Security Officer passed a note that they wanted all audio recordings and transcripts. Judge Sullivan sent them in a thumb drive and three binders, as well as a menu to order lunch.

  But barely an hour later, the jury returned with its guilty verdicts. Judge Sullivan polled them, sent December 6 as the sentencing date - Murphy faces a minimum of 15 years in prison and perhaps more - then joined the jurors for their lunch. The case is US v. Ernest Murphy, 18-cr-373 (Sullivan).

  The US Attorney's Office, which had sent senior AUSA Michael D. Maimin over to try to put out the fire occasioned by the late discovery, must have breathed a sigh of relief. Inner City Press will continue to cover this case - and, we hope, Judge Sullivan's sentencing in another case he kept, US v. Rodriguez (05-cr-221), which the government is asking, under seal, to have sealed. Watch this site.

SDNY 500
                        Pearl

  Judge Sullivan several times during the trial pointedly noted that it is an open courtroom, a strength of our system, anyone can just walk in -- except for US v. Rodriguez, apparently, on which Inner City Press will have more, as well as on the differences between the SDNY's and EDNY's boiler plate plea agreement letters. Watch this site - and see also @InnerCityPress and the new @SDNYLIVE.

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