| SDNY Grand Jury Probe of
2017-20 Had Balde Dismissal Bid Denied Then
Mistrial So May 17
By Matthew
Russell Lee, Exclusive, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
March 4 – On a legal call
designed to give defense
counsel information about
White Plains grand juries in
the U.S. District Court for
the Southern District of New
York, live tweeted by Inner
City Press, it emerged that a
grand jury has "met" in the
SDNY in Manhattan in the last
week.
Apparently, some
grand jurors participated by
video.
This seems
noteworthy, given for example
that in March allowing a
single juror in the US v. Ali
Sadr Hashemi Nejad trial to
deliberate by video required
the defendant's consent. Why
not this? Below is the blow by
blow, then background on one
of the underlying cases, US v.
Balde (there is also US v. Schulte,
and other
cases).
On August
27, in the lead Balde case,
"Defendant did not receive the
expected production from the
Jury Administrator."
On May 17,
2021, Judge Failla held a
proceeding in Balde, and Inner
City Press covered it. It was
to read out loud her decision,
which was to deny Balde's
motion to dismiss back on the
use of the White Plains grand
jury.
She called it a
serious question, but noted
for example a decision from
the Northern District of New
York, that it was OK to move a
trial for a crime in Syracuse
to less diverse Utica.
She said there is
no right to a grand jury in
the division of the SDNY a
crime in committed in, and
that COVID meant these was no
prosecutorial gamesmanship.
She mentioned Shulte,
Tagliaferro and other cases.
Now on June 3, a
US v. Balde trial date has
been set: "ORDER as to
Souleymane Balde: It is hereby
ORDERED that the following
trial schedule will be in
effect as to Defendant
Souleymane Balde, subject to
courtroom availability."
On January 26,
2022, with one of Balde's
Federal Defenders appointed as
an SDNY Magistrate Judge so
another another the case, the
Federal Defenders filed
motions in limine to, among
other things, preclude the US
from using emails and calls
Balde made and sent from jail,
citing spousal privilege and
the presumption of
innocence.
On February
17 Judge Failla held another
proceeding, and Inner City
Press again covered it. Judge
Failla said she was focused on
the case, as the (SEC) trial
she had been presiding over
had and the day before (Inner
City Press covered that too, here.).
Judge Failla said this US v.
Balde case is on.
But: "Defendant's
motion for a mistrial is
GRANTED; trial is concluded
and jury dismissed. By
2/28/2022, the parties shall
submit a joint letter with a
proposed briefing schedule."
On March 4, this:
"ORDER as to Souleymane Balde:
The Clerk's Office has
notified the Court that this
case has been placed on the
jury trial list for May 17,
2022. The case is second on
the list for jury trials for
that day, so it is likely that
the case will receive a jury
panel on that date. The case
must therefore be trial-ready
for that date. (Ready for
Trial by 5/17/2022) (Signed by
Judge Katherine Polk Failla on
3/4/2022)." Here's
hoping that the next trial, if
there are still COVID
procotols or even if there are
not, have a public call-in
line. Inner City Press will
continue to cover the case.
After an
earlier proceeding, this was
filed: "Minute Entry for
proceedings held before Judge
Katherine Polk Failla:
Telephone Conference as to
Souleymane Balde held on
6/30/2020. Defendant
Souleymane Balde's presence
waived; Attorney Jennifer
Willis representing Defendant
present. AUSAs Kiersten
Fletcher, Mary Christine
Slavik and Thomas McKay
present. Court reporter Pamela
Utter present. Thomas Burnett,
Nick Chiuchiolo, Peter Davis,
Sid Kamaraju, Lindsey Keenan,
Sarah Kushner, Tom McKay,
Daniel Nessim, Josiah Pertz,
Andrew Rohrbach, Thomas
Wright, Annalisa Miron, Ariel
Werner, Christopher Flood,
David Patton, Robert Baum,
Edward Zas, Jonathan Marvinny,
Donna Newman, Sabrina Shroff,
Bobbi Sternheim, Michael
Bachrach, Ken Montgomery,
Counsel in the following
cases, also present: 20 Cr.
288(LJL), 20 Cr. 293(LJL), 20
Cr. 286(WHP), 17 Cr. 548(PAC),
20 Cr. 301(PKC), 20 Cr.
300(PAC), 20 Cr. 303(RMB), 20
Cr. 294(PKC), 20 Cr. 292(PKC),
20 Cr. 304(AJN). Jury
Administrator Linda Thomas and
Counsel to the Clerk of Court
Robert Rogers present. By
7/14/20, and after
consultation with the expert,
other defense counsel and the
government, Ms. Willis hall
file a letter in the Balde
case, with defendant's request
for records." We will have
more on this.
The case
is now US v. Balde, 20-cr-281
(Failla).
***
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