| For
Instagram Threats To Manchin Rickey
Johnson SDNY Trial Nears End Juror 2
Mulled
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Feb 21 – Rickey Johnson a/k/a
Nigel Dawn Defarren is in the
Metropolitan Detention Center
in Brooklyn after being
arrested for video threats to
four cable TV broadcasters, a
US Senator and Representative
and others.
On April 15, U.S.
District Court for the
Southern District of New York
Judge Louis A. Kaplan held an
arraignment and scheduling
conference. Inner City Press
covered it.
Johnson's
Federal Defender asked that no
more than a status conference
be set.
Judge Kaplan said
that's not his practice. After
asking the AUSA about the
status of discovery - four
terrabytes of data from
Instagram -- Judge Kaplan set
a motion schedule and a next
conference.
The AUSA said
that a trial would take no
more than a week. Things
seemed to be moving fast.
And it was. Jump
cut to February 9, 2022; Judge
Kaplan held another
proceeding, on subpoenas,
Inner City Press again covered
it, below. And the trial: on
February 17, there were
questions about the Instagram
accounts of Senator Manchin
and Rep. Lauren Boebert. The
government rested and the
Federal Defenders made a
motion for acquittal under
Rule 29. It was denied.
Before
that, the Federal Defenders
spoke at length with Johnson,
with a long beard and two
Marshals behind him, then
asked for a sidebar.
After the
white noise, Judge Kaplan told
the jurors he would see them
next Tuesday morning, February
22. The Assistant US Attorney
asked about Juror 2. Judge
Kaplan said that would have to
wait.
On
February 21, the US moved to
exclude Juror Two, who they
claim spoke to Detective Cowan
in the hall about the white
man killing the Indians for
their tobacco and asked why it
is The Bronx but not The
Manhattan. The Federal
Defenders want to keep him on
the jury, saying these are
just his "opinions on matters
of history."
The charge
conference will happen an hour
after the defense rests.
The trial
is set for February 16. On
February 9, Judge Kaplan
quashed subpoenas. Inner City
Press live tweeted, thread here:
Federal
Defenders, representing Rickey
Johnson aka Nigel Dawn
Defarren, has subpoena-ed Fox
News for copies of any policy
and procedures manuals
maintained by Corporate
Security at Fox Corporation."
Fox seeks to have the subpoena
quashed. I
Fox's
lawyer: This does not meet the
Nixon standard for
admissibility. [Judge says
only Judge Schindlin proposed
a standard different from
Nixon, cites recent decisions
confirming that Nixon is the
law of the Circuit, from Judge
Wood (Skelos) and Ramos (Cole)
Judge Kaplan: You
are asking for manuals that go
beyond anything Defendant says
is relevant. I'd quash these
if refiled. I'll deal with
this at trial, maybe after the
witness has testified. I'd
like letter briefs by the end
of Friday - if Nixon applies
to trial subpoena
Afterward, this:
" 3rd Party Movant Fox
Corporation represent by
attorneys Roger L. Stavis and
Steven Mintz. Oral argument
heard on the 2/8/2022 letter
motion (DI 45) to quash the
1/27/2022 subpoena duces tecum
served on Fox Corporation.
Court ordered the 1/27/2022
subpoena quashed. The Court
instructed Federal Defenders
that if there is a 2nd
subpoena to Fox Corporation it
should be made returnable to
the Judges Courtroom Deputy,
Andrew Mohan, at the start of
trial. Letter briefs are due
by 2/11/2022 as to the legal
standard for the subpoenas
being sought." Watch this
site.
The case is USA
v. Johnson, 21-cr-194
(Kaplan)
***
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