In SDNY Tekashi 6ix9ine Denies Killer
Line In Billy Referred To Nine Trey
Describes Barclays Brawl
By Matthew
Russell Lee, Patreon,
Thread
SDNY COURTHOUSE,
Sept 18 – In the first half of
the second afternoon of
evidence in the trial of
Aljermiah Mack and Anthony
Ellison, Daniel Hernandez /
Tekashi 6ix9ine continued
solicitously responding to the
government's questions -
except when asked if his "I'm
a killer too" line in the song
Billy, partially excluded by
SDNY Judge Engelmayer, meant
Nine Trey.
No, he said.
This is
how the rest of 2 pm to 3:20
pm went:
#6ix9ine says Ro (Roland
Martin) told him Nuke stole
his car. "It was embarrassing
for us. The Godfather of our
line up was robbed." AUSA
Longyear: Let me draw your
attention to Gov Exhibit
501gg, messages from Instagram
#6ix9ine
turns to Magoo, high ranking
Blood in the prison line up.
And Frank White. Q: Do
you have any understanding of
what the phrase "You're not
part of the fam" means? A:
You're not part of the game.
Q: What does that mean? A:
Nine Trey.
#6ix9ine moves on to
messages of Nine Trey member
Coke Boy Mad Max, bodyguard
for French Montana. (By the
way, he's still live - and
Instagram has still not
responded on TheShadeRoom)
Now #6ix9ine says
that Ms.TR3YWAY's mother owns
370 Madison. Objection. Judge
Engelmayer: Substained as to
speculation about ownership of
the building.
Turning to
two shootings in Brooklyn on
April 21, 2018. #6ix9ine says
he was with Jorge. "I went to
the bank, bought some
clothing, got some food at a
Spanish restaurant. I was
getting ready for performance
at Barclays Center...
Two guys are harassing me.
Jorge is driving my Suburban.
They pull up parallel,
recording, mocking me. So
Shotti pulls out a gun, opens
their door and pistol whips
them. We're telling Shotti to
chill, it's a main street,
Graham Avenue...
The guys
says, Come to Gates and
Garvey. We drive away. There's
a garbage truck. We get caught
behind it. Shotti cocks the
gun. Quote: "These Ns think
I'm playin?" He runs toward
the car. It goes into reverse.
Shotti gets on 1 knee and
starts firing off
Q: Mr Hernandez,
what happened after that
shooting? A: We went back to
Kingston. Then later that
night I had a performance at
the Barclays Center, the Main
Event fight. Adrien Broner
against some other guy, I
don't remember his name
#6ix9ine: Harv
told me to stay away from
Casanova, he was a b*tch ass
N-word and a snitch.
Testimony turns to "Billy" -
Inner City Press covered
Judge Engelmayer's ruling
admitting into evidence some
but not all of the video
They played parts
of "Billy" in the courtroom.
Judge Engelmayer excluded
parts of it, saying it was be
too prejudicial...
Now AUSA
Longyear is asking #6ix9ine
about the lyrics of Billy,
Exhibit 608t. In the song, the
first voice is Shotti. The
song is directed at Casanova.
Q: "Follow protocol Blood" -
what does that mean? A: You
know, protocol. Follow the
politics of it...
AUSA Longyear
asks about the line "I'm a
killa too" - is it referring
to Nine Trey? #6ix9ine
says flatly, "No." Refers to
"the craft, you know, the
art."
Now it turns to
the Barclays Center. #6ix9ine
"We're in a tunnel. The doors
open and 30 of Casanova's
people come rushing at us, 6
or 7 of us. They were trying
to get to me but I made my way
to the back." Shotti told
Fuquan Lovick to pull out the
gun and shoot it
AUSA Longyear: In
the Barclays video, who is the
gentleman in the black
collared shirt? A: Jorge [the
driver.] Q: And what's Fu
Banga doing? A: He's throwing
up Nine Trey. Q: What about
the arm reaching in? A: Can
you zoom in for me? I'm bad
with my eyes.
Inner City Press
wonders: will this throw-away
line come up on
cross-examination?
#6ix9ine: We
watched the fight from the
car. But before that, I got on
Instagram and mocked Casanova.
It's coming in as Exhibit 500a
They play the
#6ix9ine mocking Casanova
Instagram. Then Judge
Engelmayer calls mid-afternoon
break. Once jury out of room,
he puts on the record the
bases of his evidentiary
rulings. Will there be an
appeal? For now more on
Patreon here.
Earlier, the
answers spanned all the way
from Times Square to Fulton
Street in Brooklyn with a
loaded gun on the subway, and
to Citi Field in Queens,
taking photos with Mister Met
when news came on that Nuke
had tried to rob Godfather
Roland Martin.
Here is how
it went, after the mid-morning
break:
#6ix9ine
continued: "Harv said,
Stopping picking and choosing
when you wanna be gangster,
when you show up and deal with
a situation." [Elsewhere in
the #SDNY, also in prison
blues, Joshua Schulte appeared,
charged with stealing info
from the CIA]
Harv said, I'd
rather have 10 lions than 100
sheep.
#6ix9ine
detailing split of Harv and
Shotti, with Harv now on trial
saying Shotti (who's pled
guilty) is not as gangster as
him
Harv told
#6ix9ine to pawn his jewelry,
get security and "live your
Internet life... stop being
billy." Things seem to
have been going south fast...
Shotti would
shake the barricades outside
the strip clubs and scream, we
the mob, we Trey Way
Objection. But #6ix9ine
continues. Judge tell
him, When lawyers object, I'm
the 1 to answer, not u.
But he's already answered.
Judge tells jury to disregard
any explicit "I guess"
statements.
Q: And how did
Harv respond? #6ix9ine:
"He said, 'Respect this
d*ck.... I'm laughing but I'm
not playing."
#6ix9ine
continues: we went to confront
Trippie Redd in Times Square.
But Frenchy was there, his
protection when in New York
City.... Trippie should have
checked in with us, Nine Trey.
We drive off because there's a
lot of police presence
#6ix9ine...Shotti
fires five or six shots into
the sprinter van. Q:
what happened after the shots
were fired? A: The
shots hit the car.
Q: Turning to a
robbery. A: I was at 31
Kingston, my residence at the
time. With Jorge Rivera, my
driver
#6ix9ine: Shotti
put a bullet in the gun. I
started filming. Q: why
did you want to record?
A: To show that we robbed
them. That they disrespected
us-- Now video being
shown: govt exhibit 600
In the
middle of Times Square in the
middle of the day, #6ix9ine
says, what the f*ck, I'm
f*cking famous by now, &
someone's gonna see me with a
fully loaded gun in my
hoodie. We tried to flag
some cabs down but they
weren't stopping for us. So we
take the train.
We took the A
train from Times Sq to Fulton
Street in Bklyn. Q: what
happened to what you stole?
The backpack? A: It was
put in 31 Kingston, my place
of residence. It wasn't like a
trophy or nothing.
His line by
April: Ro was the godfather,
Shotti was second, everyone
was eating. "We
went to a strip club,
Scarlets. Harv pushed Nuke.
Nuke started laughing: you
wanna do this right here? He
made the motion like he had
the gun in his hoodie."
Then around
April, Nuke robbed Ro. "I
learned about it at a Mets
game. We were taking a picture
with Mister Met. Shotti is
screaming on the phone, Nuke
robbed Ro. Jorge goes to
get the car ready. Shotti
meets Ro on Sterling.
Actually, I don't know
where...
Judge Engelmayer:
Sustained.
Nuke was asking
Ro to set Rainbow up for him.
Ro said no, slipped out of the
car. Drama is mad that
his car is all messed up. The
window is shattered.
Going back: Nuke was drunk,
not even trying to dodge the
bullets. The gun jammed and
they drove off.
Now gov't putting
into evidence the video Nuke
uploaded to his
Instagram.
Judge Engelmayer
cuts in. The jury's lunch has
arrived.
AUSA
Longyear: I'm not going to get
in the way of lunch.
The reporting will
continue. For now more on
Patreon here.
Earlier on
Sptember 18, AUSA Longyear's
first question: We were
talking about the leadership
structure of Nine Trey, right?
A: Yes. Now
turning to the money..Did you
have the understanding that
the money you gave was for
people behind the wall?
#6ix9ine: When
they started taking the money.
Say I would get $250,000, they
would give me like $185,000
and take the rest. I was going
shows, appearances,
endorsements.
#6ix9ine:
They would send me the front
end, half, with the back end
in cash. Q: What was it that
Shotti did with the money? A:
At first I didn't ask any
questions. Shotti was like,
feed the wolves, feed the
homies, support them.
#6ix9ine:
After Roland Martin came home,
from prison, I learned...
Shotti said, "Make sure these
Ns are good they make sure we
good." I had to go pay Frank
White's wife two thousand
dollars.
Reference
was made to the Black
Disciples. Many are
wondering: where will
6ix9ine go after this?
#6ix9ine is
identifying photographs: Harv,
Seqo, Billy Ado - all from the
"Wavy Baby 3" account,
prosecutor says.
Defense objects
that the photos weren't shown
on the screen.
AUSA Michael D.
Longyear asks about Exhibit
501u. "That's me, Shotti and
Nuke... the day I first met
Nuke." 501j: Billy Ado,
throwing up Nine Trey &
holding a gun with a drum on
it. (He adds again the
definition: an attachment that
holds more bullets.)
501o: Nuke & Harv.
501q: Shotti and
another 9 Trey member with a
red hoodie. And there's Mel
Murda and Nuke. 501r: Me and
Nuke in Nov-Dec. 501t: I'm on
the bottom left, Harv is on
the top left covering his face
with the grey hoodie. Seqo
Billy is crouched down on the
right.
#69x9ine says,
echoing yesterday's testimony:
my main dispute with with
Trippie Redd. "He was with
another set of Bloods.... So
was Casanova." Gov't
exhibit 24 is Trippie Redd,
24a his "name plate."
Trippie
Redd's manager gave us the
address of his video shoot. I
told Shotti I wanted something
done about Trippie. Shotti:
"Say less," we'll get on top
of it. We go to Red Hook
or around there, industrial
area. I'm in a Jeep. We see
Trippie Redd's sprinter van
Inner City Press
@innercitypress · 1h We
surveillanced it, waiting for
Trippie Redd. Shotti said he
had a few of the homies
meeting up with us there. We
stake out, Trippie Redd comes,
gets in with 15 people. We
follow him for an hour on the
highway. I recall Harv coming
in 4 door Honda
The
sprinter van gets to the
hotel. We don't wanna get
spotted. Shotti gets out,
tells me to stay in the car.
Harv parks parallel to the
hotel. He's with like three
other guys. Shotti comes back
screaming, It's f-cking Trey
Way, I love me Ns, we got that
N
#6ix9ine: Shotti
said Harv punched Trippi Reed
in the mouth. (for some
reason, Harv's lawyer has not
objected - maybe it'll come up
on cross-examination.)
At this point in time did Harv
assume a role with your
entourage? I used him as a
body guard
After the
incident with Trippie Redd I
saw that Harv was more of a
doer. He's a big guy. I gave
him the enforcer job. Q: At
this point, what was Mr.
Ellison's, Harv's, role in the
gang? Judge Engelmayer: Basis?
How does he know?
Shotti told me,
quote, I'm the Big Homie.
Obviously, Mel was the
Godfather. And Harv just
underneath. Q: were there
other times Harv protected
you? A: Gummo just came out. I
was in a T-Mobile store, some
dude was waiting for me. Harv
came- Q: What he armed?
Objection
resolved, narrative continues:
"The guy from the T Mobile
store was sending me message
so we went looking for him. I
saw a gun in Harv's
car." Near 18 Locust, I
was walking to Chase Bank to
make a deposit. I ran into
another 9 Trey member...
#6ix9ine:
He's called Snow, he did a
podcast saying he's not down
with that 'Rainbow head piece
of shit.' I called
Shotti, and put him on
Facetime with Snow. Shotti
tells him, Love him like I
love him. I had another
phone at the time. I contact
Harv.... I put my phone on the
charger. Then Mel Murda came.
We start following Snow. We
see him in the Brooklyn House
hotel where I used to stay.
Mel Murda tells Snow, don't
touch him, don't look his way.
Then Harv shows up with Billy
Ado. He was armed.
Q: Did you
come to find out if anything
happened to Snow after
that? A: A month after
he was shot in the head.
#6ix9ine:
There was a tribute for the
manager of A$AP Rocky. No one
knew that Shotti was part of
my entourage, so Security
jumped him. We went to protect
him, a huge brawl, people
gettin stabbed, hit with big
sticks. AUSA: Here's a
big stack of CDs
There's silent
video of the brawl. Q: What
are you and Nuke doing? A:
Greeting each other. Doing the
9 Trey handshake. Q: Is that
the handshake you testified
about yesterday? [Inner
City Press: actually, he shook
hands with himself yesterday.]
Q: And
what's Billy Ado doing in the
video? A: He's stabbing the
security guard. Q:
What's Harv holding? A: Like a
three inch wooden stick. I
seen Harv get hit in the face
with that stick. He took the
stick and beat up the guy who
hit him.
Q: Did there come
a time you got into a fight
with others at an airport in
LA? A: Yes. It was NBA
All-Star weekend. At the
airport there are these two
girls exiting, Seqo and Billy
Ado approached them flirting,
lemme help you with your bags.
The boyfriends came...
The
boyfriend said, they don't
need help with their
bags. Harv punches the
guy in the face to initiate
the fight. I don't know why I
ran out there, I don't know
why. Q: did you
participate in the
fight? #6ix9ine: Yeah
but I didn't land any punches.
AUSA
Longyear: Let's turn to page 2
of the group chat. What did
you write? A: I wrote,
Yo we gotta run down Casanova,
he came out with a diss song
that I took as
disrespect. Q: Seqo
makes a reference to "my bag."
What does my bag mean?
A: It means my money.
Q: What did
Harv write? A: We big behind
the wall. He meant that the
Billies are big behind the
prison wall. Objection!
Overruled.
#6ix9ine: "Nine
Trey, it's a worldwide thing."
#6ix9ine:
"We met up on Long Island.
Prior to me giving Harv and
Shotti money. They was falling
out - who was tougher, who was
closer to me, who was I giving
more of the money to. The
meeting consisted of, where is
the money going? Why aren't
other members eating?
I gave Harv
$25,000...I have Shotti
another $30,000 for a hosting
at a club, I was gonna sing a
song. Mel was like,
"Where the money at?"
Shotti is like, I gotta take
care of the homies. Homies
gotta eat. We don't got no
guns out here. We got to equip
ourselves.
Then Judge
Engelmayer declared
mid-morning break - and went
into his robing room with one
lawyer from each party, to
discuss a "courthouse security
issue." More on Patreon here.
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 rapper. 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.
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.
For more on this case, including
the April 30, 2019 multiple defendant discovery
conference before Judge Engelmayer, click here.
***
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