In SDNY Defendant Padilla
Gets Plea Deal Before Judge Engelmayer To
Cooperate Without Transparency
By Matthew
Russell Lee
SDNY COURTHOUSE,
June 5 – A plea agreement for
cooperation in a case not
disclosed anywhere was cut on
June 5 before U.S. District
Court for the Southern
District of New York Judge
Paul A. Engelmayer. The only
name given was "Padilla;" no
case number was given. A
lesser sentence under a
so-called 5K letter was
promised. But what was the
case?
Inner City
Press which happened to be in
the 40 Foley Square courthouse
overflow room then press room
overtaken by others on the
Census question, undertook to
search PACER for Padilla's. Of
Padilla's having open cases in
the SDNY there are 62. Among
the defendants, it seems only
Miguel Padilla is before Judge
Engelmayer, in the wider
indictment USA v. Rios et
al., 18-cr-331 (PAE).
There the most recent Docket
File, No. 105, is sealed. And
so it goes in the SDNY.
In the SDNY
Magistrates Court
later on June 5,
a defendant
called
Nathaniel
Taylor was
denied bail;
his sister and
his
partner,
mother of his
two month old
son, spoke
out as they
left the
courtroom.
As recounted
by Assistant US
Attorney
Thomas
John Wright, Taylor
had run from
police in
front of the
housing
project he lives or
lived in at
1390 Fifth
Avenue. He threw
down a fanny
pack that contained a
9 millimeter
pistol.
Taylor was
jailed in
Maine, previously,
on narcotics
charges.
According to AUSA
Wright he shattered
a man's jaw. Taylor's
Federal
Defender
lawyers, predictably,
had a
different
story, of a
baby in the
NIC unit and aunts
that work for
the MTA and as
a chef in Yankee
Stadium.
Both
pictures can be
true.
Judge
Gabriel W. Gorenstein
said the
government met
its burder
and ordered Taylor,
how ever
his first name
is spelled,
detained. This
as a accused
pedofile
Bryan Pivnick
floated
through his
courtroom taking
steps to being
released,
because his
mother owns a
home in
New Jersey.
Fannie pack
indeed.
Earlier
on June 5 a
defendant
called (phonetically)
Joel Rodriguez
was presented
on fentanyl
charges and
was approved
for release on
bond. Rodriguez'
Federal
Defender
lawyer
apologized for
using what SDNY
Magistrate
Judge Gabriel
W. Gorenstein
called "a twenty
year old CJA
form."
Earlier
still
despite the
drugs, which
led to
his arrest at JFK
Airport at
11:45 pm the
previous
night, the
government and
Federal
Defenders
agreed on a
bail package
and Judge
Gorenstein
rubber stamped
it. Only, neither
the agreement
nor even the
case number
was available.
Earlier
on June 5 a
shackled
defendant
known as Mister Booth
asked
to be released
on bond so
that he could
have physical
therapy on
June 8 for a
gunshot wound.
Then the Assistant
U.S. Attorney
told
Magistrate Judge
Gabriel W. Gorenstein
that Mr. Booth
is in fact
a suspect in a
shooting
related to the
physical
therapy he
seeks. The AUSA
said Booth has
pending New
York State
cases
including for
dislocating
his own
daughter's
shoulder. Judge
Gorenstein
said none of
this was in
the Probation
Department's
report; he
remanded Booth
and ordered Geoffrey
Berman's
office to come
up with more
information.
Inner
City Press,
the only media
in the Mag
Court and
still without
access to the
underlying
case numbers
or even full
names, will
have more on
this. The
information is
clearly
available:
Judge Gorenstein
said to his
Deputy in open
court, What
does
tomorrow's calendar
look like? Why
aren't those
calendars
public? See @SDNYLIVE.
In a tale
of two cases, on May 21 when
Colin Akparanta was brought in
shackles, accused of sexually
abusing female prisoners under
his control in the
Metropolitan Correctional
Center prison, into the SDNY
Magistrates Court, his wife
had been
waiting for
him for hours.
So too his
for-now
publicly paid
lawyer.
A few hours before a
defendant named
Hunter accused
of selling
guns from
South Carolina
to an
informant was
processed in
the same
Magistrates
Court, also
with his wife
or partner
Hope Hall in
the gallery.
Unlike Akparnta,
Farmer has no
passport - and
as noted in
the courtroom,
there are
no SDNY
extradition
issues with
South Carolina.
Call it
a tale of two arraignments,
or
presentments,
whatever the
term of art.
As to
Akparanta after a
reading of the
charges, Akparanta
was offered
$200,000 bail
but only when others
sign on to it.
The U.S.
Attorney's
Office will go
to the
house he owns
in Irvington, New
Jersey to pick
up his two
guns, and then
store them in
a vault. His
lawyer
said Yes, he
will be
engaging in
discussions about a
pre-trial
disposition, meaning
a plea.
The
government
argued for a
curfew, saying
that Akparanta
is a
naturalized
U.S. citizen
originally
from Nigeria
to which he
retains strong
ties.
He didn't try
to flee when
first
questioned -
but it seems
he thought he
was under
investigation
only for bringing
contraband
into the MCC
for female
prisoners, not for the sex
acts he traded
the contraband
and control
for.
The
unsealed
indictment in
USA v. Akparanta
lists as his nicknames
or aliases "Africa"
and "Akon." (A
commenter on
Inner
City Press' thread about
the
arraignment
noted that the
singer Akon is
not, in fact,
from Nigeria -
but neither is
Africa a
country.)
Akparanta's
lawyer expressed
concern
about where he
would be
detained on
the night of
May 21 while
awaiting
another signer for
his bond
and the
retrieval of
his guns. The
prosecutors
said he will
not be in
general
population or
even in any
Bureau of
Prisons facility
but rather a
contract one
(sounds like
GEO, a
private
prison.)
The government
asked that
time be excluded under
the Speedy
Trial Act for
discovery, which
they said is
voluminous
even though
the complaint
says the sex
acts took place
off camera,
referring to
"The Bubble," and
to discusss a pre-trial
disposition,
meaning a
plea. Judge
Freeman
asked Akparanta's
lawyer
if he anticipated
engaging in
such discussions.
Yes, was the
answer. So how
long, in a
private prison? Inner
City Press
will continue to
cover this
case, and
others.
***
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