In
SDNY Judge Marrero Approves
27% Attorneys Fees After
Barring Press From Jury Charge
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
July 12 – In a child
sex
trafficking
trial there was a
sign on the
courtroom
door barring
the Press on July 12:
"JUDGE
CHARGING
JURY: No
Admittance."
The
sign had the name of
the Clerk
of the
U.S.
District Court
for the
Southern
District of
New York. The
courtroom was
15B, Judge
Victor
Marrero.
Later on July
12 Judge
Marrero rubber
stamped a
settlement with
27% to
attorneys fees in
the case of Xiang
et al. v.
Inovalon
Holdings, Inc. et
al,
16-cv-04923
(VM-KNF), with
no one in the
gallery except
Inner City
Press. The
Lead Counsel
said everyone
agreed with
their fees and
settlement;
defendants'
counsel
Skadden Arps
sure did not
disagree.
But if this
courtroom is
arbitrarily
closed to the
public without
notice, what
do this
claims and
approvals
mean? We'll
have more on
this.
Inner City
Press, which
alone has been
covering the
case all week,
asked the
Court Security
Officer who
was not
responsible
for the sign
but replied,
That is how
it is.
After
some telephone
calls,
belatedly the
door was
unlocked and
Inner City
Press was
allowed to
sit in
the back. But
what explained
the locking
up of a
presumptively
open criminal
jury trial? This
has not been
answered; nor
has the unilaterally
sealing and ouster
of the Press
from two
recent
criminal
sentencings in
the SDNY.
Alongside
the Jeffrey
Epstein sex trafficking
charges and
attendants
media interest
there is a sex
trafficking
trial taking
place with no
media present
other than
Inner City
Press in the
same
SDNY.
On July 9 an FBI
agent was questioned
and
then
cross-examined
about finding
a jar
of condoms,
bras and panties
and victims in
the defendant's
apartment,
which police
and agents
entered in a
stack on
December 12,
2018. That
came a day
after a sealed
indictment on
December 11,
wheeled out to
Judge Victor
Marrero, with
a warrant
executed the
next day.
Now
seven months
later Lloyd
Kidd a/k/a Chris Kidd
is
on trial. His
attorney
Zachary
Margulis-Ohnuma
has
argued to
Judge Marrero
that the government
violated
the Fourth
Amendment, to no
avail.
By July 11
Judge Marrero
was taking
final comments
on his jury
charge. The
government
wanted the
instructions
to note that
the Backpage
summaries had
been admitted
into evidence.
The defense
lawyer was
distracted,
telling his
client Kidd he had
to let him
concentrate.
Kidd then directed
his ire to
another at the
defense
table. Perhaps
he
seems things
coming to a
bad end. But
the U.S. Attorney's
Office has yet
to make public
a single one
of the
exhibits, and
the video monitor
for the press
and public in
the gallery
remained dark
on July 11.
It
was on July 12
that Inner
City Press
was barred
from much of
Judge
Marrero's jury
charge. Once in, Judge
Marrero read
through the
elements
including
the names of
some of the
victims. He
said that the tradition in
this District
is the Juror
Number 1, whom
he named, will
be the foreperson.
Judge
Marrero
thanked
and instructed
the two
alternate jurors,
whom he named,
to leave -
without telling
them to
still comply
with the
usual rules,
and that they
might have to
come
back. Does
he know
something?
Inner City
Press in order
to not be
locked out
again stayed
in for the
next
proceeding, in
which 27% of
a settlement
going to
attorneys fees
was approved.
We'll have
more on all
this: watch
this site.
On
July 10 a slew
of government
exhibits were
introduced,
but again none
shown on the
monitor for
the press and
public
gallery. The
microphone
of Witness Ms.
Brown cut in
and out. But
when the defense
object to the
exhibits as
cumulative and
prejudicial --
Backpage.com
was cited --
and a
sidebar was
called, the
white noise
to block it out
worked just
fine. When it
was over, the
exhibits
were admitted
without
objection. But
what are
they? Where
are they?
Inner City
Press has
asked.
Meanwhile
Assistant US
Attorneys
Mollie
Bracewell, Elinor
Tarlow and
Jacob
Gutwillig
complained to
Judge Marrero
that victims
/ witnesses
have been
intimidated in
telephone
calls to
numbers the
government
provided to
the defense on
July 5 designated
as
"confidential,
attorneys eyes
only."
Inner
City Press
went to see
the trial on
July 9 - after
being
unceremoniously
told to leave
another
criminal
proceeding -
and found most
government
objections to
the cross
examination of
the FBI agent
being
sustained. The
video monitor
meant for the
press and
public was not
showing any of
the exhibits.
We'll
have more
on this. The
case is US v.
Kidd, 18-cr-872
(VM).
That
Jeffrey Epstein,
now in the Metropolitan
Correctional
Center by
Foley Square,
will be denied
bail later
this week is
widely
reported. But
as Inner City
Press has
reported from
the SDNY
Magistrates
Court this
year, at least
two accused
pedofiles have
been released
on bond, with
conditions.
One,
Donnie
Fetters, was
bailed by
Magistrate
Judge Ona T.
Wang on May 10
and allowed to
fly back to
Iowa from
whence he came
to Laguardia
to meet an
underage girl,
or what he
thought was an
underage girl.
See the Inner
City Press,
the only media
that day in
the Magistrate
Court, story
here.
Fetters
remains free;
most recently
his appearance
before SDNY
Judge Victor
Marrero was
waived. This
case is now US
v. Fetters,
19-cr-387
(VM).
On May
30 SDNY
Magistrate
Judge James L.
Cott granted
bond to Bryan
Pivnick,
accused of
grooming an 11
year old boy, see
Inner City
Press story here:
now Pivnick is
asking for
greater access
to the
Internet in
New Jersey,
ostensibly to
pay his
student loans.
This case is
now US v.
Pivnick,
19-cr-00464
(PKC). More on
Patreon, here.
Certainly,
conspiracy to
commit sex
trafficking
charges are
different. But
these two
recent
bailings, and
the SDNY's
continuing
usually
ignored
proceedings,
merit
reporting,
which Inner
City Press
will continue
to do, perched
as for months
over the PACER
terminal in
the 500 Pearl
Street press
room, if it is
available, as it
continues its
"Murky
Mag Court"
series.
Back
on March 6
when the
question of
releasing or
at least
reviewing
sealed Jeffrey
Epstein
documents was
taken up by
the U.S. Court
of Appeals for
the Second
Circuit, Inner
City Press
story here,
Alan
Dershowitz was
there.
Afterward by
the elevators
in 40 Foley
Square Inner
City Press
asked
Dershowitz,
what he'd
thought of
Judge Sweet's
decision. He
began to say,
Judge Sweet
made a mistake
- when first
his lawyer
gestured that
they should
go, and then
the clerk of
court asked
everyone to
leave the
floor.
Now it's
reported not only that
on July 8 Epstein will be
presented and indicted on sex
trafficking charges but also
that a search warrant was
executed on Epstein's
Manhattan mansion at 8 East
71st Street on July 6. Epstein
is in the Metropolitan
Correctional Center, photo here,
along with among others
convicted UN briber, Antonio
Guterres linked, Patrick Ho of
CEFC.
Cursory
research revealed not only
Epstein as a member of the
Council on Foreign Relations,
but bragging about his
financial support to CFR,
through the Jeffrey Epstein VI
Foundation. Photo here.
What will CFR say? Will they
belatedly be returning the
money?
While some call
it a pink hued building on a
dead end street, his mansion
is at 9 East 71st Street - one
block, it turns out, from the
Qatar royal family mansion
which has hosted human
trafficking covered up in the
SDNY, see Inner City Press here,
and below.
The July 8
presentment will presumably be
in Courtroom 5A of 500 Pearl
Street, or perhaps a larger
room to accommodate the
interest. In Courtroom 5A as
the July 1-3 work week ended
Inner City Press alone in the
gallery observed Magistrate
Judge Barbara Moses signed sealed
indictments and warrants,
even with what some called sleight
of hand of saying there
would be no action until 8 pm
then, when Inner City Press
ran to the PACER terminal in
the press room, ending the
day's business at 7:45 pm with
no press present. Expect on
July 7 another
Geoffrey Berman press
conference as well -- Inner
City Press will be there.
The rights
or lack of rights of victims
have been highlighted for some
in this case - but the
violation of rights of less
prominent people has been
happening every day,
from before March until now in
the SDNY including its murky
Magistrates Court. Inner City
Press was in the 2d Circuit in
March and will be in the SDNY
July 8, based from a PACER
terminal, documenting the
disparities. Watch this site.
Back in March all
of the parties - the Miami
Herald's Julie Brown, Mike
Cernovich, Alan Dershowitz and
even Virginia Giuffre -- were
pushing for the unsealing of
the documents, except
Ghislaine Maxwell. Her
lawyer Ty Gee argued that
people had relied on the
commitment to seal the
information. He ended by
saying the U.S. judicial
system is not about democracy.
But by then the
panel of Judges of Cabranes,
Pooler and Droney had made it
pretty clear they will be
remanding the case and the 167
documents back to the U.S.
District Court for the
Southern District of New York.
The only question seems to be
whether Judge Sweet, who
initially agreed to seal them,
will get the case on remand or
if another judge will.
. He challenged
Giuffre to sue him, and of
Judge Cassel was highly
critical, a term of art.
Another term of
art: slut-shamer, a term
applied during the argument to
Mike Cernovich but one that
the judges mocked, with Judge
Pooler asking if there was a
"slut-shaming cabal." The
wider point was that there is
in the United States no system
for certifying journalists,
that as the Ninth Circuit case
Opsidium v Cox has it,
journalist is something you
do, not something you are.
All citizens -
and non citizens, as in the
case of Argentines seeking
information about their
country's debt revealed in a
U.S. case - have a right to
information, a right that
predated the
Constitution. The judges
reserved judgement. Inner City
Press will continue to cover
this and other SDNY and 2nd
Circuit cases - watch this
site.
The Qatar ruling
family's abuse of employees
and laws was exposed
in an off the record initial
conference at
in the U.S.
District Court
for the
Southern
District of
New York on
February 14; Inner
City Press was the only media
present.
Inner City Press
wrote an exclusive story that
day, February 14, then more in
the following few days as more
sources contacted us. Now it
has learned that the UK's
Daily Mail days later on
February 21 false claimed an
exclusive on the story, here.
On June
1 Inner
City Press reported
that the
Qatari royals'
lawyers were on
the cusp of
succeeding in
burying the
case in
mediation by
JAMS. A low-ball
settlement -
except for
attorneys
fees -- was
submitted
to SDNY Judge
J. Paul Oetken
on June 1. The
total is
$150,000,
fully half being
attorneys'
fees;
it is signed
by the royals
without any
admission.
And
now on June
10, this:
"ORDER: The
proposed
settlement at
Docket Number
36-1 is
approved, and
the case is
hereby
DISMISSED WITH
PREJUDICE. The
Court shall
retain
jurisdiction
solely to
resolve any
disputes
arising from
the settlement
agreement and
the settlement
of this
action. The
Clerk of Court
is directed to
close the
case. SO
ORDERED.
(Signed by
Judge J. Paul
Oetken on
6/10/2019)
(jca)."
So the issue
of human trafficking
has been buried,
for money, in
the SDNY.
Tellingly,
the
cover letter
stated
that
"Defendants –
who are
members of the
royal family
of Qatar –
noted that if
they received
certification
from the State
Department,
they would
potentially be
considered
diplomats
entitled to
full immunity,
resulting in
immediate
dismissal of
the litigation
for lack of
subject matter
jurisdiction." So the
Qatar royals used
the threat of
support from
the U.S. State
Department to
cover up human
trafficking.
We'll have
more on this - and there is
more on
Patreon, here.
Earlier
the
Qatari royals'
lawyer
complained of
a text message
from Benjamin
Boyd.
Judge Oetken
noted to
"uncertainty
as to how
Defendants
caught sight
of the
offending text
message in the
first place,"
left it open
to pursue the
issue later,
without
prejudice.
On April 17
the Qatari
royals'
lawyers filed
a motion to
stay the
proceeding
past the June
14 return
date, for
mediation by
JAMS. Judge
Oetken's order
on the motion
is listed but
no live in the
docket.
The
plaintiffs' lawyers, Pardalis
& Novavicka through
Araidne Panagopoulou engaged
in other mundane FLSA
litigation in front of Judge
Oetken even on May 20, here,
seem unaware of the explosive
human rights aspects revealed.
This is among the substantive
reasons that courtroom must be
open.
***
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