| SDNY Judge Failla Dismissed
Indictment of Balde Now On New Indictment
Grand Jury Questions
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
June 10 – Souleymane Balde
from the MCC prison was on a
video proceeding covered by
Inner City Press on May 11
with U.S. District Court for
the Southern District of New
York SDNY Judge Katharine Polk
Failla.
It is something
of a high profile legal
battle, having come back from
the Second Circuit Court of
Appeals.
But
there is also real life: Balde
coughed and Judge Failla asked
if he has been tested, and if
the question was OK with his
defense counsel Matthew
Larsen.
Larsen OK-ed the question then
noted that the MCC is
not testing in a meaningful
way. He moved on to say after
US v. Rehaif, the Court
may not have jurisdiction. In
the alternative, that Balde's
plea was ineffective.
And on May
21, with Inner City Press
again present, Judge Failla
ruled. She cited the Firth and
Sixth Amendments and dismissed
the indictment against Balde
without prejudice, and stayed
her order until "the earlier
of the Government filing a new
complaint in this action or
May 22, 2020 at 12:00 pm."
On May 11 Assistant US
Attorney Slavik told Judge
Failla that while right now
there is a lack of quorum for
a grand jury, the US
Attorney's Office expects a
new or resumed grand jury
quorum by "the first half of
June."
On May 26, Judge
Jed S. Rakoff ordered Balde
released. But on June 3 the US
re-indicted Balde and on June
10, after Judge Victor Marrero
referred the case back to
Judge Failla, Balde appeared
before her to be arraigned.
Inner City Press was again
present and live tweeted it:
Judge Failla: Do
you have the new indictment,
Mr. Balde? There in your
apartment?
Balde: It's on my
phone, in email.
Judge Failla: Can
you open it up? How do
you plead?
Balde: Not
guilty.
Judge Failla:
There's a motion for grand
jury information. The
discovery has already been
produced. Let's talk about
trial dates. There will be but
is not yet an email protocol
to schedule trials.
Judge
Failla: There will be a
priority for one and two
defendant trial, rather than
10 defendant trials, given
social distancing. Also a
priority for defendants who
are detained. So some things
are not in my control.
Judge
Failla: It is my understanding
Mr. Balde wants a jury trial.
I would be willing to do a
bench trial - I was about to
have one, but for a last
minute settlement, on
Skype.
Balde's lawyer:
He prefers a jury trial. But
as you've said, there are
other issues.
These
issue include a proposal to
resolve some or all of Federal
Defender Jennifer Willis'
motion by having a conference
with the grand jury clerk.
Inner City Press will stay on
this.
The case
is now US v. Balde, 20-cr-281
(Failla).
***
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