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Three Defendants Held 25 Hours Without Meal One Ordered Released But US Will Appeal

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Feb 26 -- Three men were arrested at 6:30 pm on February 25 and a full day later on February 26 they were presented in U.S. District Court for the Southern District of New York Magistrates Court.

 Each was assigned his own lawyer, each of whom negotiated in the near-empty courtroom with Assistant US Attorney Jacob R. Fiddelman. Two were offered bail packages but for the third, the US sought detention.

   SDNY Magistrate Judge Sarah L. Cave took the cases in ascending order of difficulty. The first defendant through assigned counsel agreed to the bail package, which would leave him another night in the Metropolitan Correctional Center while his residence was checked by Pre-Trial Services.   

The second defendant through CJA lawyer Zachary Taylor pushed for release the same night. Taylor said that his client had been detained for 25 hours without being given a single meal. He said it was "beginning to resemble something not worthy of the United States."

   AUSA Fiddelman took issue with that, replying that "there is nothing unjust about our legal system spinning its wheels as it does, discussion of whether it is American or not is besides the point."

   Magistrate Judge Cave offered bail condition, but only after a visit of the defendant's home.

   But for the third defendant, the first named in the complaint that was still hours later not in the PACER system, AUSA Fiddelman sought detention. He noted that the defendant, Mr. Colon Acevedo, was already under Supervised Release after sentencing by SDNY District Judge Paul A. Engelmayer.

   Federal Defender Ariel Warner complained that despite what she said is an agreement between Federal Defenders and Pre Trial Services that FD clients will not be interviewed without their counsel present, her client was.

  The results of that interview were discrepancies between Colon Acevedo's interviews with Probation in his case before Judge Engelmayer and Pre Trial Services in the instant case, including on whether he is or is not a U.S. citizen.

   Judge Cave after a recess in her robing room to confer with Pre Trial Services offered terms of release, to begin after a home visit. AUSA Fiddelman asked her to stay her decision for 48 hours to allow an appeal to the Part I judge - who, Inner City Press can report, is none other than Judge Englemayer. Inner City Press was the only media in the Mag Court for this case and those preceding it, about a madame and a money launderer, and also alone in Judge Engelmayer's Part I courtroom for a recent bail denial, here.

   Past 7 pm on February 26 Judge Cave stayed her order until the US appeals, which Fiddelman said will be February 27. And still hours later the case was not in PACER. It is, or will be, 20-mj-2227, US v. Acevedo (Cave / Engelmayer).

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