| Essex County Jail Oral
Thermometers and Window Visits Inquired Into
By SDNY Judge Furman
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
June 11 – Michael Delaguila
was Sealed Defendant 2 in the
narcotics conspiracy case of
US v. Arguedas, et al, which
Inner City Press has reported
on since the sealed indictment
was filed.
Delaguila
was denied bail by U.S.
District Court for the
Southern District of New York
Magistrate Judge Sarah L.
Cave, and has been at the
Essex County Correctional
Facility in New Jersey.
There, his assigned attorney
Ben Silverman has attemped to
visit him, with little
success. Silverman says the
ECCF would take his
temperature with a shared oral
thermometer, and not allow him
to leave discovery materials
with Delaguila.
On June 11
SDNY Judge Jesse M. Furman to
whom the case has been
assigned held a conference on
short notice - in fact, Inner
City Press only because aware
of it by covering the
proceeding that came before.
But several Essex County
Correctional Facility
representatives appeared, to
try to rebut the thermometer
and other complaints.
The
question arose, why can't ECCF
estasblish the type of video
bridge for attorney client
communications that the MCC
and MDC have? Inner City Press
live tweeted the proceeding:
Judge Furman
began by noting he ordered the
parties to be ready to address
issues in his order the other
day. Procedural Press
question: then why isn't this
proceeding in the PACER
calendar? Will look into.
Judge Furman says he is
concerned about these 6th
Amendment issues.
Judge
Furman: I've found there is no
communications with counsel. A
few months ago that was
understandable. Mr. Silverman
didn't make this motion two
months ago. But now it is time
to look into it. Can't keep
deferring it.
Judge Furman: I'd
rather try to fix the problem
than grant bail to someone who
is not seriously arguing his
is appropriate for bail. But
at a certain point it's simply
not fair, to be in jail with
no prospects of a trial.
AUSA Andrew Chan:
Courts have been reluctant to
micro-management prisons. But
Courts can make a finding that
a defendant cannot confer with
counsel in a particular
facility, and grant temporary
release. But he think you
should wait.
AUSA Chan: Mr
Silverman has had four calls
in nine weeks. He had a video
call scheduled in May that got
canceled due to an emergency
in the prison. We acknowledge
that's frustrating. But we
think Mr. Silverman should
schedule another one.
Judge Furman: Mr.
Silverman says video is only
if you got to the jail and
take your temperature with a
shared thermometer. Then the
camera is too far away to show
the evidence that is subject
to the protective order.
AUSA Chan:
They sanitize the thermometer,
we're told. I might be helpful
to get more data. He should
visit again. The discovery
information identifies some of
the cooperating witnesses.
That is sensitive.
AUSA Chan: Some
of the social media
extractions have sexually
explicit material. Prisons
have historically not allowed
inmates to have this. Perhaps
a "window visit" could be
scheduled.
AUSA Chan
says that Essex County
Correctional Facility has
window visits, which the MCC
and MDC don't have. Now the
ECCF representative, "not
barred in New York," launches
into it. Admits there
were oral thermometer used at
first. Now forehead scanner.
Essex
County Correctional Facility
rep says Silverman only
requested a single "window
visit," and didn't show up.
Silverman was told if he
didn't want to use the video
portal in our lobby he could
bring his own laptop. So we do
not think there is any 6 Am
problem.
Judge Furman:
What app is used in the iPads?
Can documents be shown? ECCF
warden William J. Anderson: It
cannot do screen
sharing. Judge Furman:
Is there any talk about screen
sharing? Warden: They're
working on it.
Silverman: I sent
this photo of the EDNY video
conferencing facility to your
deputy, Ms. Smallman.
Judge Furman: To
make it public, please file it
on ECF.
Silverman:
There's a bunch of lascivious
material in the discovery in
jail. And the oral
thermometer, it was in use in
late May when I went there. An
hour before this call, I was
suddenly told that Essex would
make concessions. We argued
for bail before Judge Cave
Silverman says he doubts he
can find a paralegal to spend
20 to 30 hours in the Essex
County Correctional Facility,
given COVID-19. ECCF rep
returns to say oral
thermometers were stopped May
7.
Judge Furman:
There's direct bridge from
jail to court in SDNY &
ENDY
Warden
Anderson: We have three
laptops, a connection to
"Western District." We have
ICE and Marshal inmates.
Judge Furman:
What about video to NJ Federal
Defenders?
Warden
Anderson: If any attorney told
us it was broken we'd fix it.
Judge Furman: To
find a 2142(i) [or 6th
Amendment?] violation I'd have
to have a better record, with
Mr. Silverman requesting
things. Put your thinking caps
on. There are unprecedented
times. I want a report 2 weeks
from today.
Inner City Press
will continue to cover this
case. It is US v. Delaguila,
20-cr-135 (Furman).
***
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