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By Matthew Russell Lee, Patreon, Thread

SDNY COURTHOUSE, Sept 17 – On the first morning of evidence in the trial of Aljermiah Mack and Anthony Ellison for allegedly kidnapping Daniel Hernandez / Tekashi 6ix9ine, the government put on the stand NYPD Detective Robert Deck to talk about slashing and shooting around Smurf Village in Bed-Stuy, Brooklyn. They'd said #6ix9ine would be their second witness but then moved him to third.

 In the last segment of September 17, running to 4 pm, Hernandez started describing the structure of the gang, in prison and on the street, Godfather to five star generals. It went like this:  The AUSA asked, "When did you become a member of Nine Trey?" November 2017. Were you initiated? No. You had to shoot your 31...

#6ix9ine: to be initiated you had to do work. Like, cutting someone's face.  Mr Hernandez, but you were not initiated, right. Right. I just had to keep making hits and giving financial support to the gang. Equipping with guns. Like, so they could buy guns ... So what did you get from Nine Trey? "I would say my career. Credibility. Protection. All of the above." Trey Way was something what we could market. Q: Could you demonstrate the handshake? A: I need two people, but...

 Now #6ix9ine is shaking hands with himself, standing up so the jury can see. AUSA: "Who taught you that?" "I'm doing it with Shotti a lot." "The nine with your index finger and your thumb." Nuke taught me. Photo. "I think I was just getting the hang of it." 

 "We show up at a strip club in Brooklyn. Angels strip club, I don't want to be quoted." [There is a court reporter.] I wasn't making the sign right. He pulled me to the side. Yo, like, if you're going to be Nine Trey you have to make the sign right.

 Mr. Hernandez, did you ever see Mr. Ellison make the sign? "Yes." Cuing up another video.  "Your honor, there's a little technical issue." Engelmayer: Ok, very good.  "Just show the witness the opening frame of Exhibit 802." Pauses at 7 seconds on the B-word

 "Mr Hernandez if you could identify the people in the photograph." "I don't know the guy in the LA hat." "And what is Mel Murda wearing?" "Cincinnati Reds... He's the grandfather, I mean godfather, of the Nine Trey Bloods."  a/k/a Mel Matrix...

 A: "Does 9 Trey have a leadership structure?" Yes. There was a street line up and a prison line up. A: How did the prison line up work? "My understanding is that with the prison line up there was a higher up to get anything sanctioned on the street." Objection!

 Overruled. Now 6ix9ine says he spoke to Frank White and Magoo. "They could say who had ranking and who didn't." Q: Turning to the street line up, were there ranks? A: There was a godfather... twins... Five star general...

 Who occupied the positions? "Mel Murda was the godfather. Right under was Shotti... Seqo Billy was a five star."'

#6ix9ine: "Shotti told me if you take care of the people behind the wall, they'll take care of you." Judge Engelmayer says lunch will be ordered in for jurors tomorrow, to save time.

Judge: "Counsel I'll see you tomorrow." More on Patreon here.

 Earlier, Hernandez did begin at 2:10 pm and things quickly turned to Gummo and Kooda, the N-word and the Big Homie of Smurf Village in Bed-Stuy. Here's how it went:  "Your honor, the government calls Daniel Hernandez." He's in prison blues. Deputy Smallman just swore him in. It's on.

 Q: Mr Hernandez, where were you born? Bushwick, Brooklyn. Q: how far did you go in school? Like tenth grade. When did you start living in federal custody? When did you start cooperating? "The next day. The day after we were taken down."

 Q: were you a member of a gang? Yes. The Nine Trey Bloods. Q: what sort of things did 9 Trey do? Robberies, assaults, drugs... Q: do you recognize anyone in court? A: Anthony Ellison has a gray suit on. Mack has a brown suit on.

 Where'd you go to school? PS 59. Campos middle school. Legacy high school. Did you work? I started working at 13. My first job was at Youth Corps, for about 2 months. Didn't make a lot, so bussed tables with my brother. Then grocery store delivery boy 2 years

 #6ix9ine: "I landed another bus boy job. Then I became a wrapper. Peter Rogers came into the store I worked in in Sept 2014 to buy tea and peanuts, asked me if I rapped. Said, You look cool. I made more like rock n' roll rap....

 Toured in Bratislava, Slovakia; Moscow... For all those shows I made about $2 thousand profit. I did it just for the experience. It changed in Sept 2017. Filmed a music video in #BedStuy, 370 Madison. Gov't exhibit 202 [Inner City Press has requested all exhibits]... More on Patreon here

 "Before I changed my style of rap, I liked this kid called Kooda, I thought he was talented, so I named the song after him." "Kooda was filmed in Brooklyn, intersection of Fulton Avenue and Utica, near Smurf Village. It is Nine Trey members who live there."

Now government plays (parts of) Kooda, again very loud.  6ix9ine testifying about the Big Homie in Smurf Village (!) Government pulls up transcript of Kooda lyrics, Exh 609t. Link here.  "If you replace N-word with 'people,' that's what I meant. No one understood how rainbow hair could be with the Bloods... Fifty means to be on point, to be aware. Objection: leading. Sustained.

Q: How did you come up with drafting those lyrics? Based on your time with Nine Trey, did you learn some of their lingo?" "Come again?"  Lingo. Judge Engelmayer says the jurors want their mid-afternoon break.

  The government's second witness was repeatedly referred to as Miss Ramirez, girlfriend for a few months of Anthony Ellison. With her also charged with credit card theft, the government called her mother again and again and, she said, made her testify. She said Ellison might attack her, something that Judge Engelmayer quickly told the juror not to consider.

Here's how it went:  AUSA Rebold asks Miss Ramirez is she kept in contact with Ellison after he was arrested for kidnapping and robbing of #6ix9ine. Yes, in jail. She says Ellison was excited for itto be on social media, said he'd be famous for it. Then Ellison's lawyer Deveraux Cannick asked Miss Ramirez why like a Blood she switches c's to b's; she says that Snoop is a Crips rapper and Cardi B is a Blood. Miss Ramirez is not giving an inch...

Cannick asked Miss Ramirez if she talked to Ellison about what he said with his lawyer. Judge Engelmayer says, "Sustained." Cannick asks, Can we have a sidebar? Judge Engelmayer says, "No." He's itching to call the lunch hour. And still no #6ix9ine.

Judge Engelmayer tells the jurors, Lunch hour very soon. Fasulo has no cross. AUSA Rebold says has a few for re-direct. Miss Ramirez says of testifying, It's very scary, I don't know what will come of this. Says Ellison might attack her. Disallowed. Judge Engelmayer tells everyone not to talk about the case until out of the courtroom. More on Patreon here.

Earlier it went like this: Judge Engelmayer admonishes a number of people for being late. Government calls its first witness, NYPD Detective Robert Deck. Courtroom Deputy Mr. Smallman swears him in. He works in 81 Precinct Detective Squad, "in the county of Kings." ... Detective Deck says his beat includes "Smurf Village" low rise housing project along Fulton Street. Questioning turns to October 24, 2018 - defense immediately objects. Overruled.

It was a night of a lot for gun play, starting at 8:50 pm, and then a face slashing. Detective Deck found victim with entry wound on his back, no exit wound: paralyzed. Trial starts with a bang. Action turned to 1700 Fulton Street, shell-casings. Now Detective Deck explaining to jury what a semi-automatic weapon is. Turns back to a "gentleman slashed across the face" by a bodega on Rochester. "The male couldn't talk, blood was coming out of his mouth."

An aside: One might wonder why this prosecution is not in #EDNY. But not only are SDNY prosecutors grabby - this is also the rare gang case with Times Square shootouts...Aljermiah Mack's lawyer Louis Fasulo gets to cross examine Detective Deck, who is being evasive. Says no he doesn't have access to housing development videos, has to call to get them. No, didn't call in this case. (But got video, that's the point). Fasulo's cross didn't get very far. Anthony Ellison's lawyer Calvin Scolar  gets Detective Deck to describe man with deeply slashed face as "pretty calm." Now Judge Engelmayer has summoned all the lawyers to a whispered sidebar... Calvin Scholar asks Detective Deck what C-4 means: "All investigative leads have been exhausted." No re-direct; gov reading in stipulation about iPhone of Kifano "Shotti" Jordan. Then trial bogged down with government reading into evidence stipulation about Facebook, owner of Instagram, account of "Daniel Hernandez a/k/a Tekashi 6ix9ine;" Mack's jailhouse calls with Kristian Cruz.

 Judge Engelmayer declared a 15 minute "comfort break," from 11:12 to 11:27. Then the government said "Miss Ramirez" is the next witness. Moving the goal posts, or pulling the football back like in Charlie Brown... Watch this site. For now, more on Patreon here.

 On September 16 the 16 jurors were picked. Thread here. (We saw but will not name them). Then the government and the two defendants' lawyers made their opening arguments. More on Patreon here.

   Assistant US Attorney Jonathan Rebold said Nine Trey is guilty of armed robberies, assaults. He said, in coming days you'll learn a lot about slang and internal conflicts. Then he brought up Daniel Hernandez and his "stage name Tekashi #6ix9ine." He said Ellison kidnapping Hernandez then slashed someone else's face open.

  As to Mack, AUSA Rebold linked him to drugs including Ecstasy, said Mack tried to have a top Nine Trey leader murdered. He said this will be proved with testimony of police officers, and of the doctor who treated Hernandez. He mentioned videos but not Billy, see below.

  He said cell phone tower records show where Ellison was, and that wiretaps have Mack talking of drug dealing. "Finally you'll hear testimony from Hernandez, Hernandez's driver and others.. They are criminals. They have committed serious crimes."

  Then Mack's lawyer Alex Huot said, "this case is about trying to establish guilty by association. This case is about labeling - 'Nine Trey!' - as evidence of conspiracy. He said, let's talk about college fraternities -- leading at least Inner City Press to wonder, would  he reference #VarsityBlues? He did not, at least not directly. He said, if members of the fraternity, at another school, go off and do something wrong, everyone is not held responsible. Then, "there are 50 states in the US. New Yorkers are not responsible for what Iowans do... What happens in Iowa says in Iowa. [Echoes of Bill De Blasio?]

  Huot said, you'll hear as first witness Daniel Hernandez "self described King of New York" who picked fights on social media. [A Trump echo?] He said, what Hernandez will say about Mack is hearsay. "#6ix9ine does not heed these words."  

  Ellison's lawyer Deveraux Cannick said: the kidnapping of Daniel Hernandez is a hoax, a Jussie Smollett if you will.

 The jurors were let go, to return to Courtroom 318 in 40 Foley Square at 9:30 am, the lawyers at 9. Herandez / 6ix9ine is expected mid morning. Inner City Press will live tweet it - watch this site. For now, more on Patreon here.

  In the run up to the trial of Aljermiah Mack and Anthony Ellison, on September 10 questions such as whether the jurors should as they deliberate get access to transcripts (yes) and if a bigger courtroom is needed for Daniel Hernandez, natch, were debated.

  U.S. District Court for the Southern District of New York Judge Paul Engelmayer, who worked late the day before on an immigration habeus corpus argument, here, said he would prefer to keep the trial in his own courtroom on the 13th floor of 40 Foley Square. But defense counsel complained they are too cramped; each defendant will have ten to fifteen friends and family members coming each day.

  The defense wanted to keep from the jurors while they deliberate the transcripts of the calls they will hear. Judge Engelmayer did not agree to this, leading at least those observer to wonder if the defense erred in agreeing that the transcripts are accurate.

  In the recent conviction of Ernest Murphy for crack conspiracy in Bedford Stuyvesant, Brooklyn before Circuit Judge Richard J. Sullivan, the defense only stipulated to the accuracy of the date and time of calls. Here, the defense gave it all away. One wonders if jurors would have a harder time using these calls to convict if they did not have the transcripts.

  Judge Engelmayer inquired into Instagram handles and how they will be used on the summary charts now so common in SDNY criminal trials. Some questions, he left for the trial itself. Will it be in ceremonial courtroom 318, which used to house arraignments and everything else? Or in Courtroom 110, where UN briber Ng Lap Seng was convicted?

  For now what is known is that not only when Daniel Hernandez / Tekashi 6ix9ine testifies under his cooperation deal, but also for the selection of jurors, a larger courtroom will be used. Judge Engelmayer to his credit proposed to the lawyers allowing media access to the jury selection sidebar discussions. But why not all sidebars throughout the trial? Inner City Press and @SDNYLIVE will have more on this. For now, more on Patreon here.

Back on September 6 Kafano Jordan was up for sentencing on September 6 on two firearms counts he pled guilty to, and the courtroom was more full than usual for proceedings. The rap connection of one co-defendant Daniel Hernandez explained some of the attendees. More on Patreon here. But there were family members too. Inner City Press rode the elevator up with Kifano Jordan's uncle, who said he was very worried.

 The mandatory minimum sentence was 15 years, and that is what Judge Engelmayer ultimately gave. In doing so he ran through Kifano Jordan's year of gun play, and more obscure state crimes before them. Defense lawyer Jeffrey Lichtman said, "People don't hire me to plead guilty, they hire me to go to trial." (Full disclosure: Lichtman gave Inner City Press an update earlier in the day, as it got off the delayed subway, on his OneCoin crypto-currency case.)

 More on Patreon here.

 Kifano Jordan came from Trinidad; Lichtman said his father essential abandoned him and he joined a gang, Nine Trey, in order to fit in. When he gets out in 15 years, Probation can search his computer and phone, if those technologies are still in use; he would face a 25 year mandatory minimum if he used a gun again for a crime.

  Judge Engelmayer, who starts the related trial of remaining defendants later this month, recounted how he has overseen Bronx gangs cases with 76 and 26 defendants; he spoke of the need for general deterrence. This particular sentence will get multiply-covered. But most in the SDNY do not. Watch this site.

Tekashi 6ix9ine's video "Billy" was deemed partially admissible as trial evidence against his Nine Trey Bloods gang co-defendants on September 4 by U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer.

   After citing a Federal Rule of Evidence about statements of a co-conspirator, Judge Engelmayer said he would exclude portions of the video showing "extreme misogyny." He chided the US Attorney's Office for not having addressed the issue and urged them to do better in future evidentiary arguments. Then Engelmayer declared a comfort break.

  Here is the video.  Inner City Press will have more on this.

Faheem Walter while awaiting sentencing in the Metropolitan Correctional Center used a contraband smart phone to live-stream on Instagram Live, here. This came up at his August 14 sentencing in the Nine Trey Gangsta Bloods case best known for the involvement of rapper Tekashi 6ix9ine a/k/a Daniel Hernandez. Walter's lawyer said he wishes he'd never met Hernandez. More on Patreon, here.

  Judge Engelmayer wrote off the video as a statement of "I'm still standing," not any walk-by from the acceptance of responsibilities for which he lowered Walter's sentencing guideline to 68 to 74 months. He showed some mild surprise that the phone got in to the MCC for live-streaming.

  But will there be any follow up? There wasn't when Inner City Press on July 31 exclusively reported that Jeffrey Epstein was being allowed to dominate, all day every day, one of only two legal meeting rooms in the MCC's Special Housing Unit, just by having the money to have one lawyer after another come in and sit with him.

  Judge Engelmayer, after sitting revising his sentence in front of a quiet, half filled courtroom, looked up and read highlights from letter submitted by Walter's family members, asking in each case if the author was in the courtroom. Then after crediting Walter for not using the gun he carried, and for the colostomy bag he had has to use since himself being shot, Engelmayer imposed a below guidelines sentence of 62 months. This drew applause.

 Mack's lawyer Louis Fasulo said his client is eager for a speedy resolution; he will begin reviewing discovery immediately. The government seized two of Mack's phones when he was arrested on June 6; they are seeking search warrants for those and his Instagram account. The whole proceeding had the feeling of a very genteel push to plead guilty. We'll have more on this

Back on May 9 when Lovick, also known as Fu Banga, offered his own description of what he did on April 21, 2018 at the Barclays Center in Brooklyn, Judge Engelmayer did not accept it. 

Lovick said that outside the door of a boxer, a group ran at him; he drew a gun and fired it into the air to make them step back.   

Judge Engelmayer said this allocution wouldn't do, with its implication of self defense and failure to mention the Nine Trey Gangsta Blood organization. He urged Lovick, still in chains, to spend ten minutes with his defense lawyer Jeffrey G. Pittell to discuss a prepared allocation which would jibe with counts six and seven of the superseding indictment to which he was ostensibly pleading guilty.   

Pittell, with whom Inner City Press spoke just outside the courtroom, had previously filed a motion to suppress and to dismiss. He had an interesting argument that the New York State crime of menacing - trying to cause the fear of bodily harm - would not fit even the superseding lesser included charge to which Lovick was pleading guilty. Pittell told Inner City Press this is an issue of first impression.   

But as Judge Engelmayer put it when after two breaks he accepted Lovick's guilty plea, lawyers can always make arguments but it was his view that there was no real claim of self-defense in this case. Pittell referred to a video of the incident but Judge Engelmayer said he had not seen it. Venue was also questioned; that too was smoothed over.

As more and more of the initial defendants in the overall USA v. Jones / Tekashi 6ix 9ine case plead guilty, to some the remaining question is the pleading-out of the defendant(s) who are NOT affiliated with the Nine Trey Gangsta Bloods. Inner City Press will continue to cover this case. For now, a bit more on Patreon, here.

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