| In SDNY Calvin Hudson Had
Severance Mulled With Proffer To Be Unsealed
Now Pleads
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Jan 28 – There was a
criminal proceeding in US v.
Calvin Hudson on May 27, and
Inner City Press covered it,
before U.S. District Court for
the Southern District of New
York Chief Judge Colleen
McMahon.
Speaking for US was Maurene
Comey, accompanied by three
FBI agents.
Judge
McMahon released Hudson from
prison due to COVID-19. Now
his lawyer wanted him to be
able to leave the apartment,
saying he's a construction
contractor.
AUSA
Maurene Comey said she opposes
the request.
Judge
McMahon: I'm not going to
modify the conditions right
now... There is no
construction in Manhattan
right now. What's
next?
Defense
lawyer: If the court wants to
set a date to set a trial
date. You know the court's
plans better than we
do.
Judge McMahon:
The Court's plans are fluid.
We have a limited number of
courtrooms for social
distancing... There's another
committee on how to allocate
courtrooms. I certainly will
have more of an idea in
September of what is happening
then. (Counsel including AUSA
Comey laughed.)
AUSA Comey: However quickly we
can move, with safety, the US
would consent to.
Judge McMahon: I
have some reason to believe
that a one-defendant trial
will get priority over a multi
defendant trial. But that
hasn't been decided yet.
AUSA Comey: Two of the
cooperators against Hudson
will be testifying before
Judge Marrero in
October...
Judge
McMahon: OK, we can move it to
November.
After
months of COVID shut downs, on
February 2 Judge McMahon held
another conference with Hudson
and his counsel. The question
was severance, and the
unsealing of a for now sealed
proffer.
Prior to the
conference, Judge McMahon had
posted to the docket: "ORDER
as to Calvin Hudson: Calvin
Hudson stands charged in an
eleven-count superseding
indictment with various
crimes: six relate to an
alleged drug-dealing
conspiracy, and five relate to
an alleged loansharking
scheme. The matter is on this
court's calendar for a status
conference, via Skype, on
Tuesday, February 2, 2021, at
2: 15 p.m. The original
purpose for scheduling the
conference was from the
narcoticscounts is still sub
Judice, and it is necessary
that the Government put in an
additional reply. I thus ask
the Government to assume that
the proffered testimony
relates to the source of the
funds that Hudson either
loaned to (the Government's
story) or invested with
(Hudson's story) Victims I and
2 (I am not revealing anything
to the Government by saying
this much about the proffer).
If evidence about the
defendant's drug dealing would
be admissible (1) as part of
the Government's case in
chief, under any theory; or
(2) in rebuttal should the
defendant open the door by
giving testimony on the
subject implicated by his
proffer, then I need specific
information about (1) what
testimony the Government would
offer; (2) when; and (3) under
what theory or rule of
evidence this evidence would
be admissible. Since the
Government has not filed a
sur-reply subsequent to the
proffer, it has had no
opportunity to address with
specificity the matters
implicated by the proffer. I
need to give the Government
that opportunity. We will
discuss this issue at our
Skype conference."
During the
conference Judge McMahon
commented on the various
platforms used in the SDNY,
saying the Zoom works better.
That was not Inner City Press'
experience in to DC
insurrection detention
hearings on February 1 in the
District Court for the
District of Nevada.
A
next date on US v. Hudson was
set for March 23, while the
defense asked for a September
2021 trial.
It
emerged or was confirmed (as
Inner City Press has surmised
in from another proceeding)
that Chief Judge McMahon was
beginning a smooth transfer of
powers of SDNY Chief Judge to
Judge Laura Taylor Swain. But
that's another story - here.
On January
27, Calvin Hudson changed his
plea to guilty to Count 3,
with sentencing set for April
27 at 2 pm.
The case is USA
v. Hudson, 19-cr-496
(McMahon).
***
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