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In SDNY Santos Objects On Speedy Trial Act Exclusion But Judge Marrero Grants It

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, May 11 – From the MCC prison defendant Francisco Torres-Rendon on May 11 called in to a proceeding before U.S. District Court for the Southern District of New York Judge Victor Marrero, amid the COVID-19 lockdown. Inner City Press covered it.

   Judge Marrero said, The fact that this conference goes forward show that the justice system is functioning, as if we were the courtroom. 

    Torres-Rendon is charged in connection with 1.2 kilos of heroin attempted to be sold in The Bronx.    His Federal Defenders said they are conflicted.   Judge Marrero asked Torres-Rendon to confirm that he waived personal appearance.

    Through interpreter, the answer: Uh huh, Si, Yes.

    Two Assistant US Attorneys were on the line. They said they were not aware of any conflict in the new CJA representation, and suggested a next date in July. 

   Co-defendant Santos' counsel said his client is incarcerated and ready for trial, as quickly as possible. It sounded like he was not consenting to exclude time under the Speedy Trial Act. First, he said he will make a bail application, that his client is prepared if released to self-quarantine. 

   Santos' counsel said, "I'm a little bit constrained on consenting to an exclusion of time."  

  Judge Marrero replied, You say you are cognizant of the Coronavirus health emergency. We cannot get a jury into the courtroom under these circumstances, until the Chief Judge says so. The Chief Judge has issued a Standing Order excluding time under the Speedy Trial Act. My reading of the tea leaves, no jury trials before August, September, October.

     Santos' counsel said, I just need to make my objection. And a bail application.

     Judge Marrero concluded, When you have a bail application with the elements, take it to the Magistrate on duty. For now, the next conference is July 10.

  The AUSA said, The Government seeks to exclude time until July 10.

    Judge Marrero asked, Defendants?

   Santos' counsel said, We note our objection.    The exclusion was granted. The case is US v. Torres-Rendon, et al., 19-cr-819 (Marrero). 

***

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