| In PPP Fraud
Case Apocalypse Bella Intends to Move to
Suppress ID Off 6 Photos, US to Reply
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Sept 17 – In a Paycheck
Protection Program fraud
prosecution of Apocalypse
Bella, Mackenzy Toussaint and
others, a defense lawyer is
being summoned to New York,
seemingly to be fired by the
judge.
On
September 8 U.S. District
Court for the Southern
District of New York Judge
Paul A. Engelmayer held a
proceeding. Inner City Press
covered it.
Toussaint's
lawyer Bret Martin, who said
his Texas office is 15 minutes
from where Toussaint lives,
had missed the prior
proceeding.
He cited a
medical procedure for his
daughter, but was asked why he
had not contacted the court,
or arranged to get the
transcript of the proceeding
that he missed.
Eventually he was
ordered to come to New York
with his client on September
15, in person, and to be
prepared to discusses his
retainer agreement.
Docketed on
September 15 was Martin's mea
culpa declaration, including
"I clearly provided my Client
a disservice at the beginning
of this case... We both intend
to appear in front of the
Honorable Judge Engelmayer to
speak more directly regarding
the lack of attention and
prioritization of these matter
and attempting to get this
case back on the right track."
On September 15
counsel for Apocalypse Bella
informed Judge Engelmayer that
Bella intends to move to
suppress the identification of
June 16, 2021, saying that a
witness was shown six photos,
for less than three seconds
each." The offer is to
"backload" these motions to a
date closer to trial.
On September 17,
Judge Engelmayer ordered: "The
Court has received a letter
from counsel for defendant
Apocalypse Bella, indicating
that Mr. Bella intends to move
for the suppression of the
fruits of an allegedly
unlawful identification
procedure that occurred on
June 16, 2021. Dkt. 50. To
assist the Court in
determining the manner in
which to resolve this motion,
the Court directs the
Government to submit a letter,
due Tuesday, September 21,
2021, briefly setting out the
Government's position on the
motion, and the evidence that
the Government expects would
be adduced at a hearing on
this motion. (Government
Responses due by 9/21/2021)
(Signed by Judge Paul A.
Engelmayer on 9/17/21)."
Watch this site.
The case is US v.
Bella, et al., 21-cr-247
(Engelmayer)
***
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