Three
Defendants Held 25 Hours Without Meal One
Ordered Released But US Will Appeal
By Matthew
Russell Lee, Patreon
BBC
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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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