| In
Sidney Scales Trial US Cites Cross Bronx
Drive, Josh Lopez Death, Defense Says
Frame
By Matthew
Russell Lee, Patreon Song
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
August 4 – Defendant Sidney
Scales is facing trial this
month, and now gets data on
the jury venire. His
former co-defendant Ernest
Horge back on February 27,
2020 said in open court that
it is unfair he is in the same
case as Scales, charged with
capital murder.
On November 11,
2020, Veterans Day, the US
Attorney's Office announced a
superseding indictment that
formally charges Scales with
murder, and keeps Horge linked
to him: "In the Superseding
Indictment, SCALES is charged
with causing another person to
shoot at rival drug dealers on
June 9, 2017, in the vicinity
of 1135 East Tremont Avenue in
the Bronx, New York, causing
the death of Joshua
Lopez. SCALES and HORGE
are also charged in the
Superseding Indictment with
engaging in multiple specific
drug sales between November
2018 and February 2019, in
addition to the narcotics
conspiracy charged in the
initial indictment." The case
was reassigned to Judge Jed S.
Rakoff, the docket said.
Now in July
Judge Rakoff has ordered:
"ORDER as to Sydney Scales: IT
IS HEREBY ORDERED that the
Metropolitan Correctional
Center (MCC) permit daily
visits with Mr. Scales's
counsel and that such access
should begin immediately and
continue through the trial in
this matter; scheduled to
begin July 20, 2021, IT IS
FURTHER ORDERED that the
Metropolitan Detention Center
(MDC) and the MCC
expeditiously transfer Mr.
Scales's personal possessions
from the MDC to the MCC,
including, but not limited to,
the discovery mailed to Mr.
Scales from the United States.
(Signed by Judge Jed S. Rakoff
on 7/14/2021)."
On July 20,
Judge Rakoff held a proceeding
and ruled on a series of
motions in limine. He also
endorsed the defense's request
that John Doe who had
proffered with the government
but now cites the Fifth
Amendment be deemed
unavailable for trial.
Judge
Rakoff told the lawyers to
appeal on July 22 at 9 am in
Courtroom 24B, with the jury
to arrive at 9:45 for opening
statements.
On July 22, the
defense told the jury that
while Scales did sell some
crack that they will see, he
did not order or commit a
murder. Then the evidence
began, with a crime scene unit
police officer, describing
beach chairs and blood on East
Tremont Avenue.
On July 23, the
prosecution put on the stand a
transit police officer who
covered the 2 and 5 line, from
Intervale Avenue to 180th
Street. He described hearing
gun shots and coming down, and
a chase down 178th Street. A
cooperator described going to
Hunts Point with a gun to
collect money.
Another
cooperator, a woman,
acknowledged that in
connection with her testimony,
the US Attorney's Office paid
for her and her child's
travel. Judge Rakoff inquired
into whether the victim's text
messages are hearsay; he asked
counsel to answer his
questions and not volunteer
information.
On July 26, a
cooperator testified at
length, about losing
confidences in Sid, after
starting dealing drugs at the
age of 10, joining Nine Trey
and going to GEO (trajectory
of Tekashi #6ix9ine who is
already out), then to Putnam.
In the beween, Hoffman between
189 and Fordham Road in The
Bronx. There were multiple
objections, most of them
overruled by Judge Rakoff.
On July 27, the
defense cross-examined this
witness, at length. He was
asked about a written history
of the gang, and the name of
his Instagram account, now and
then. Judge Rakoff, during a
break, told defense counsel
this was straining relevance.
But as always he closely
considered the proffered
exhibits. But might the
exhibits, at least those
admitted into evidence, be
placed on a publicly available
platform or be otherwise made
available, as ordered
in the Weigand trial?
On July 28, the
witness (Santiago) was still
being cross examined,
culminating in the defense
getting admitted, over the
government's objection, a
recorded jail call of him
saying he'd need a gun when he
got out. There followed some
re-direct, showing that
Santiago was nonetheless
sometimes broke, and helped
out by a former girlfriend's
mother who would bring
groceries to Hoffman Avenue in
The Bronx when she got off
work at JFK.
On July 29, the
prosecution apologized for
errors in the binders and was
told that coming up with a new
chart of phone calls and
introducing it without enough
notice to the defense is not
the way to proceed. There's
also this: ORDER as to Sydney
Scales: The C.J.A. attorney
assigned to receive cases on
this day, Bennett Epstein, is
hereby ordered to assume
representation of the witness
Antanaron Demery in the above
captioned matter. (Signed by
Judge Jed S. Rakoff). Watch
this site.
On Friday July 30
the defense on
cross-examination asked the
witness about lapses in
memory, after all this time,
and about how he was recruited
as a cooperator. Then the
defense asked for the weekend
to make a written submission.
On Monday August
2, yet another cooperator was
cross examined about how much
time he spent with Sidney
Scales, and how much with
"Ern." The AUSA objected. The
day ended with the charging
conference, broken up by two
unrelated bond hearings by
Judge Rakoff, which Inner City
Press also covered, here.
On the
morning of August 3, the US
questioned a witness who used
Google Earth and StreetView to
describe the cell phone towers
of West Farms, then captured
calling patterns.
On August 4, the
government described Scales
using an innocent women to
drive his shooters to
Kingsbrige from West Farms via
the Cross Bronx, and said he
is responsible for the death
of Joshua Lopez [DN,
News12].
The defense said Jose Santiago
framed him. Next, the
instructions of law. Watch
this site.
The case is US v.
Scales, 19-cr-96
(Rakoff).
***
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