| Man Detained
For Drugs Sought NYPD Body Cam Video and
Filed 3500 Now Nolle Prosequi
By Matthew
Russell Lee, Patreon Maxwell
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BBC-Guardian
UK - Honduras
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NY
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SDNY COURTHOUSE,
Nov 11 – A man in detention
for drugs found in his
apartment is seeking the NYPD
body-cam footage, by subpoena
if necessary.
On June 8, 2022 U.S. District
Court for the Southern
District of New York Judge
John P. Cronan held an
in-person arraignment and
status conference. Inner City
Press went and covered it, the
only media in the courtroom.
It was
routine except that defense
counsel told Judge Cronan he
is convinced that NYPD has
body camera footage; he said
he would subpoena it.
Jump cut to
November 11, Veterans Day,
when days before the
suppression hearing this was
docketed: "ORDER as to Marco
Druskovich. In light of the
new information contained in
the Government's letter
submitted this morning, Dkt.
43, Defendant may revise his
witness list for the upcoming
suppression hearing.
Nonetheless, the Court will
hold the suppression hearing
as scheduled. In the Court's
view, questions concerning
changes in the Government's
theory of probable cause,
including questions concerning
whether those changes are
relevant to the Court's
ruling, may be addressed most
efficiently at the hearing. To
the extent that further
written briefing would be
helpful, the Court will
request it following the
hearing. The Court is
available only until 1:00 p.m.
on November 15; if it proves
impossible for all evidence to
be heard by that time, the
suppression hearing will be
continued until after
Thanksgiving."
In fact, no
continuation was necessary.
Druskovich's counsel Richard
Palma put into the record 3500
material (a September 16, 2022
interview of Det. Hector
Rodriguez), and after the
November 15 session, the US
Attorney's Office filed a
"nolle prosequi" which said:
"in the course of
preparing for a suppression
hearing in this case, the
Government learned that the
anticipated testimony
regarding the circumstances of
the defendant's arrest set
forth in prior submissions to
the Court had changed. As a
result... the Government has
determined that it cannot
prove, beyond a reasonable
doubt, the charges contained
in the indictment."
It is US v.
Druskovich, 22-cr-309
(Cronan)
***
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