| In PPP Case
Apocalypse Bella Dropped Bid to Suppress
ID Now Toussaint Pleads Guilty
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
March 8 – 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, 2021 U.S.
District Court for the
Southern District of New York
Judge Paul A. Engelmayer held
a proceeding. Inner City Press
covered it, below.
On
November 15 Judge Engelmayer
held another status
conference, and Inner City
Press again covered it. At
that time Bella going forward
with his bid to suppress the
identification, by a witness
whom the AUSA says met him
three times in business
meetings, his co-defendants
were described as engaged in
plea negotiations.
Judge
Engelmayer has set a trial
date - May 9, 2022.
On March 3, it
was moved forward and called
highly likely to happen:
"ORDER as to Apocalypse Bella,
Mackenzy Toussaint, Amos
Mundendi, Alvin Maxwell,
Brandon Jackson: This case has
been placed on the jury trial
list for May 3, 2022. The case
must be trial-ready for that
date. It is extremely likely
to proceed to trial that day.
As soon as the Court confirms
that the matter will proceed
on May 3, 2022, it will inform
the parties. (Ready for Trial
by 5/3/2022) (Signed by Judge
Paul A. Engelmayer on
3/3/2022)."
On March 8, a
guilty plea in the case:
"Change of Plea Hearing as to
Mackenzy Toussaint held on
3/8/2022. Defendant present
(on bond) with attorney, Brett
Martin. AUSA Dina McLeod
present. Court reporter
present. Defendant sworn,
changes plea of not guilty to
GUILTY on Count 3s. See
transcript. Plea entered by
Mackenzy Toussaint (2) Guilty
as to Count 3s. Sentencing set
for 6/16/2022 at 10:30 AM in
Courtroom 1305, 40 Centre
Street, New York, NY 10007
before Judge Paul A.
Engelmayer."
Back on
November 17, Bella's counsel
wrote to Judge Engelmayer
seeking permission for Bella
to travel to Seattle, Phoenix
and LA from November 19 to
December 6. The letter lists
the hotels: Hotel Monaco
Seattle, Phoenix Downtown
State, Seattle Fremont. and
Hollywood Walk of Fame Hotel.
It says "one of
Mr. Bella's recording artists
will be on tour during that
time and Mr. Bella would like
to accompany him during this
time."
Judge
Engelmayer on November 18
denied the request:
"Modification of Pretrial
Conditions. ENDORSEMENT:
DENIED. Counsel's request
comes too last-minute for the
Court to solicit meaningful
feedback from the Government
and to assess the request on
the merits."
Inner City Press will continue
reporting: #CourtCaseCast.
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."
Now on September
21, the Office of the US
Attorney has responded with
their description of the
process: six photos in a
binder, Bella and five
"comparators." They says
Bella's photo did not "so
[stand] out from all the other
photographs as to suggest to
an identifying witness that
[the accused] was more likely
to the culprit," citing the US
v. Williams decision in
2014 by SDNY Judge Jesse M.
Furman.
On September 29,
the deadline to produce
discovery, the US wrote in to
ask for more time to produce
discovery from two laptops and
a phone belonging to
Toussaint, until October 18.
Watch this site.
The case is US v.
Bella, et al., 21-cr-247
(Engelmayer)
***
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