In SDNY Defendant Polanco
Claims No Tie To Citgo Robbery Before Judge
Engelmayer
By Matthew
Russell Lee
SDNY COURTHOUSE,
June 19 – In the trial of US
v. Jason Polanco many videos
of store robberies were shown
on June 19 complete with play
by play by one participant,
Joshua Kemp. In Bureau of
Prison blues, Kemp described
buying Halloween masks on
Fordham Road and targeting a
liquor store in Washington
Heights.
In
the courtroom of U.S. District
Court for the Southern
District of New York Judge
Paul A. Engelmayer the jurors
started intently at their
screens as Kemp chased a
liquor store worker. The
defendant, presumably, pushed
a liquor store customer to the
ground. Later they ran off
down the sidewalk. Today
everything is filmed.
But there
are still disputes. Polanco's
lawyer Donna R. Newman on June
18 wrote to Judge Engelmayer
about "the substantive Hobbs
Act robbery of a Citgo station
on November 24, 2014," saying
that "there is no
disinterested eyewitness
identification of Mr. Polanco,
no DNA, no fingerprints, and
nothing that links Mr. Polanco
to these robberies other than
the word of a cooperating
witness, Joshua Kemp."
Inner City
Press has asked the US
Attorney's Office for the
government exhibits. Later on
June 19, a plea that Judge
Engelmayer was supposed to
take in US v Meyers, initially
with no case number, was
abruptly postponed. Inner City
Press believes it has the case
number, and the adjourned-to
date - watch this site, @InnerCityPress
and the new @SDNYLIVE.
Back on June 5 before Judge
Engelmayer a plea agreement
for cooperation in a case not
disclosed anywhere was cut.
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.
***
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