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By Matthew Russell Lee, Patreon Audio Thread
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SDNY COURTHOUSE, Oct 2 – In the case of US against Aljermiah Mack and Anthony Ellison, after having for three days used the testimony of Daniel Hernandez / Tekashi 6ix9ine, on October 2 the jury while deliberating on a verdict asked for information including the testimony of Ellison's then girlfriend Ms. Ramirez and a laptop full of phone records. They will resume deliberating on Thursday October 3 but if they do not reach a verdict that day will return only on Monday. Meanwhile there were thirty in the courtroom and thirty in the hall. Here's how the end of the day went: "Judge Engelmayer: "Page 194 line 8 through 18... the front half relates to the kidnapping [of #6ix9ine], which is really out of bounds. Is there someone who wants the rest in?"

Judge Engelmayer: "Let's black out, let's redact, line 10 through 15. There was the objection to the dog sniffing and whether the dog smelled dogs. Let's redact those lines and not containing evidence."

AUSA: "The parties agree to.. page 190, line 2 though page 192 line 8. And then, we left to Mr Cannick if they want page 194 line 8 through 18 to come in. We'd been fine with that, but take no position."

Judge Engelmeyer: "it seems to me what is responsive is 187 line 16 through 187 line 18, the events of the night in question. So I will grant the defense's application but only on that subset. Hernandez kidnapping is not response. Does that resolve all disputes?"

Judge Engelmayer is asking whether the Ms. Ramirez testimony being sent into jury is response to their note 3, about October 24 - being left with Billy Seqo - but will testimony #6ix9ine go into the jury on this?

Now that the jury has gone out of the courtroom, Judge Engelmayer asking questions to Ellison's lawyers, who propose giving particular pages. Judge Engelmayer will be studying it

Judge Engelmayer has told the jury Ms. Ramirez's testimony and other exhibits will be ready for the jury tomorrow morning on a "clean" laptop.

  In the courtroom gallery on October 2 were some thirty people, some of them in white t-shirts reading "Power Forward." Based on questions, Inner City Press did some interviewing in the hallway outside the courtroom; it seems the Power Forwards are supporters of Anthony Ellison - and that's that AE on the shirts stands for. Here's how it went inside the courtroom:

Judge Engelmayer tells jury not to let their deliberations or verdict be impacted by discrimination. But what about their feelings about cooperators?  We'll live-tweet the courtroom deliberations: notes, etc. Thread Matthew Russell Lee and 7 others

 Judge Engelmayer tells jurors they will have to assess for each witness their bias and motivation, the reasonableness of what they said at trial. #6ix9ine testified for 3 days for the government, seeking a 5K1 letter. How will jury view it?

 Now Judge Engelmayer tells jury it will have to weigh "inconsistent prior statements" by witnesses at the trial. Like #6ix9ine's interview with Angie Martinez? And driver Jorge Rivera saying he didn't hear any of it? Will notes the jury sends out show their views?

As to cooperating witnesses (like #6ix9ine, and Kristian Cruz), Judge Engelmayer tells jurors their testimony should be "scrutinized with great care" but it does not follow that because criminals, they are incapable of telling the truth

Programming note: Judge Engelmayer just told jury that with "tapes," if they want to listen to them again as they deliberate they'll have to be brought back out into the courtroom "because that's where the A/V equipment is." Can you say, BILLY? Or, the car-jack

Judge Engelmayer tells jurors they should not consider why people were not named in the indictment - like Jim Jones - or are not only on trial (like Shotti, Jamel Jones and the others who already pled guilty and in the case of Shotti, already appealed)

 Now Judge Engelmayer giving jury a long description of the law of conspiracy, as applies to Nuke Mack. Last week his fellow SDNY Judge Rakoff told a room of bank lawyers the same law applies to #Citigroup & JPMorgan Chase. 

Judge Engelmayer warns jury he's about to give his longest instruction, about Count 1, Racketeering. Ay que RICO

Judge Engelmayer tells jury they will have to consider whether the Nine Trey Bloods have an impact on interstate commerce.   Note: there a recorded claim "we worldwide!" And, "we big behind the walls." But are prisons commerce? For sure: private prisons like GEO

 Judge Engelmayer takes a swig of bottle water then beings to apply racketeering to this case, including robbery under Federal law a/k/a Hobbs Act robbery.  And the alleged car-jack and kidnap of #6ix9ine by Harv Ellison and Sha?

 Note: there was a break, but jury *still* does not have the case to begin deliberation. Courtroom not very full Inner City Press @innercitypress · 1h In the courtroom gallery are about 30 people, many of them in white t-shirt with "Power Forward" printed on them. Judge Engelmayer describes to them Counts 2 and 3 against Harv Ellison, kidnapping and assault on #6ix9ine on July 22, 2018

[then]

 Sorry for delay - based on questions, spent some time speaking with trial attendees in the hallway outside the courtroom, bad phone reception. Seems the audience - not jury - members with "Power Forward" t-shirts are Harv Ellison supporters... More on Patreon here.

  Ellison's lawyer Deveraux Cannick, in his closing argument, repeated that 6ix9ine was trying to promote his song with Nicki Minaj when he faked the car jack and robbery. Why didn't he call Sara, Cannick asked, and say that he'd been robbed?

 In rebuttal, AUSA Longyear did not address this argument. The jury will wait five days to return and be charge and begin deliberating. More on Patreon here.

Here's the beginning of who it went on September 26:  "AUSA Warren starts with Gov Exhibit of Harv Ellison saying "they don't want war with Billy, we big behind the wall. They just NYC. Billy, we worldwide." US Attorney's point: Nine Trey is a conspiracy

 AUSA Warren quotes Harv Ellison telling #6ix9ine "not to be a poseur" (Warren's words), not to choose when the f*ck to show up Inner City Press @innercitypress · 6h AUSA Warren tells jury, "Look at what Ellison does not say. He does not say, 'What do you mean? I am not a gangster. What do you mean, "Blood"?'"   Yeah, he didn't say that.

 AUSA Warren quotes Ellison that "you can't pick and choose when to be a gangster," says he's guilty of Count 1. Turns to October slashing of the witness who had a compulsion order to testify yesterday but in the end wasn't called  Note: there is a photo of the slashed face in evidence; Inner City Press has not published it out of respect. (Also, would non-responsive Twitter call it impermissible content even though it's evidence in a Federal trial? Questions, questions)

 AUSA Warren: Harv was going to see Ms. Ramirez on at the Ludlow Street hotel the night of the slashing, but that all hell broke loose in and around Smurf Village. Harv drove from the West Side to Brooklyn, sending video from Battery Tunnel...

 Now yesterday's cell site records are coming in - showing Harv on the move to Brooklyn. "Remember Ms. Ramirez testified that on Fulton and Utica she met Mr. Ellison and his friends" - and that he left her with them. AUSA: "That is frantic behavior."

 Now AUSA Warren turns to "robbery and kidnapping of Daniel Hernandez," Tekashi #6ix9ine. He says it was NOT staged.

 Now US Attorney is playing audio that driver Jorge Rivera, cooperating with government after picked up on immigration charges, recorded of Shotti telling #6ix9ine, we got to kill somebody, I drive around with a semi-automatic rifle

 In the recording (by Jorge Rivera), Shotti says he shot five people in one night for Mel Murda. Shotti: "I earned my stripes."

AUSA Warren asks jury if they think #6ix9ine's career would be helped by being seen beaten up and chain stolen. Shows photo of his swollen face. AUSA Warren tells jury, Remember that the driver Jorge Rivera was also robbed. He had a gun pointed at his head and they took his cell phone.

AUSA Warren quotes Mr. Ramirez that Harv bragged to her that he still had some of #6ix9ine's chains, months after the robbery.

Warren quotes Nuke Mack that you gotta either be the shooting or the grinder, selling drugs, you can't be both at once. Division of labor.

 Government shows video Nuke Mack uploaded to Instagram of robbing and yelling "Trey Way for real." Notes he was wearing the same green polo and cap as in the exhibit photo.  It had to happen: AUSA Warren brings up #6ix9ine's selfie with Mister Met, when they got the call that Ro had been robbed

 US Attorney playing more recorded calls between Mack and Kristian Cruz, saying they shouldn't have given Shotti drugs on consignment, you gotta be a shooter or a grinder, you can't be both, you f*ck it up for the next man

 AUSA Warren mocks defense argument that Mack was only chattering with Kristian Cruz 'cuz he was lonely. "They are talking about specific quantities of drugs, specific numbers," Warren says. AUSA Warren says the Nine Trey Bloods are or were organized: Cruz took a street beef to the prison line up.  @SDNYLIVE : Sorta like Shotti appealing to the Second Circuit?

 OK, they've said it again. Assistant US Attorney Warren just said, "Jim Jones was the one on the call with Mel Murda about violating Daniel Hernandez." #RetiredRapper

 AUSA Warren: "Cruz testified that Mack had a gun when he went to Mack's apartment to deliver heroin... I'm going to make one more point, then talk about the law then sit down." Then a break then defense closing arguments.

 Defense closings have begun. Mack's lawyer Fasulo reminds the jury what his associate Huot told them in opening: in a college fraternity you are not responsible for what another chapter of the fraternity does. #AnimalHouse

 Fasulo reminds that jury that the prosecution made a big point of how organized Nine Trey was, with various "lines" with people at the top. He asks, but what line was Mr Mack in? No line. [Implication: not really a member, or not response for what others did]   Fasulo asks how Mack can be charged with a shooting that was a shooting at... Mack. Mack shoots at himself? That's a conspiracy? Fasulo says that the US calls an agreement was just a conversation, like among people living in a condo or co-op.  Fasulo tells the jury to pay attention to audio and video he's about to play for them.   Then it doesn't work. He says, you can ask for it in the jury room.

 Now Fasulo, after citing as everyone else has the Mister Met selfie with #6ix9ine, says "we've talked about trolling, how Mr Hernandez admitted he likes to get under people's skin, posting videos, getting attention"

 Now Fasulo attacking Count 7, which he asked unsuccessfully to have dismissed. "The gun. Who links Mr. Mack to a gun? Only Kristian Cruz. That's it. Cruz."

 Ask Fasulo talks about RICO enterprise, an associate tried to leave him a note on the lectern. He doesn't not pick it up. So the associates comes forward and hands it to him.

Fasulo says while Kristian Cruz says "jack" means robbery, another said it means "approve," as you "you can't jack that" denoted "you can't approve that."

Fasulo continues questioning the "coded language" - does food always mean heroin?  Does "a buck fifty" mean a slashing or 150 grams of heroin? He urges the jury to question all coded language Fasulo tells jury it is entirely up to the government whether to give out the 5K1 "golden letter," says it's a big incentive to perform for the government, even to lie.

 Fasulo tells the jury that #6ix9ine "is a master at reading an audience... But what does he really know about Mister Mack? He heard that Mack did nothing. He didn't see it. He doesn't know."

 Fasulo turns to cooperator Kristian Cruz, says he pled guilty to paying a witness, obstruction of justice, asks How can you believe him?  Hasn't laid a glove on Jorge Rivera, though : )

 Fasulo still hammer at Kristian Cruz: he used his mother's house (and account) for drugs... he boosts his profits by mixing heroin with deadly fentanyl...  

 Fasulo turns to Kristian Cruz and "law enforcement" - Cruz bragged he got a cop to work for his drug enterprise. He set up a robbery committed by people impersonating police officers. Once in prison he used a cell phone - contraband

 Fasulo is done. Judge Engelmayer says Mr Smallman is checking if jurors' lunch has been delivered. Remaining: Cannick for Harv Ellison, government rebuttal. Then Judge Engelmayer's jury charge...

 Judge Engelmayer gives the jury a break until 1:20 pm for Cannick's closing argument for Harv Ellison. Should be interesting. This threat will resume at that time. Warning: from now until then, a thread about questions put in today to corrupt UN we're banned from

Ellison's defense lawyer Deveraux Cannick has started up by telling the jury to closely review #6ix9ine's testimony, says he was prepared for hours and hours by the government and still there are holes in his story.

 Cannick emphasizes that #6ix9ine said he only made one call, a Facetime to his daughter. Turns to Cruz claiming he's worthy of your belief. "Ladies and gentlemen, I don't buy it."  Cannick is saying sometimes the government should tear up the 5K1 letter, but doesn't. Here's Inner City Press on a cooperator who after the deal smuggled drugs into private prison and sold them. Judge Gardephe was outraged, gave 4 years

 Government objects to Cannick saying a Kristian Cruz call was in the last six weeks. Judge Engelmayer doesn't rule, tells jury that their recollection will control. Cannick going back and forth between references to #6ix9ine and Cruz

 Cannick: Cruz has no familiarity with Harv. He said, "Harv is not a thief" only in order to prime the pump and get Mel Murda to talk. But where did Mel Murda get his info from? Shotti. But #6ix9ine said "Shotti is a liar. Shotti is a fraud."

Cannick asks why the government didn't take at face value their witness #6ix9ine's view that Shotti was a liar.   Says of course Mel Murda told Cruz whatever he wanted- he needed Cruz' drugs and money. More here.

Reference was made to the Black Disciples. Many are wondering: where will 6ix9ine go after this?

For now, more on Patreon here.

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