In SDNY Defendant Rodriguez
Arrested at JFK on Fentanyl Charges Gets Bail
Package With 20 Year Old Form
By Matthew
Russell Lee
SDNY COURTHOUSE,
June 5 – In the U.S.
District Court
for the
Southern
District of
New York's Magistrates Court
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."
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.
Back on
May 31, less
then 24 hours
after agreeing to
free alleged
pedophile
Bryan Pivnick
while
detaining a
homeless man who
threatened the
Washington DC
mayor online,
Magistrate
Judge James L. Cott
oversaw
the
presentment of
a defendant just flown
in from Lithuania.
It
was Vladislav
Zapolskij,
charged in a
fraud in which
elderly victim
sent their life
savings for
vintage pick
up trucks
and other
equipment,
only to
receive
nothing in return.
Zapolskij was
arrested back
in November
2018 in Lithuania but has
been fighting
extradition
since. He "self-surrendered"
early on May
31 and was
flown all day from Vilnius
to New York.
His CJA
lawyer agreed to detention
at
least until a
hearing in
front of SDNY District Judge
Jesse Furman
on June 4, 15
minutes after
Judge Furman
is to see the
homeless DC
threat Ogun.
Inner City
Press aims to
be there - watch
this site, and
@SDNYLIVE.
Last week in
the hours
after banker
Stephen Calk
was freed by
Magistrate
Judge Debra
Freeman on
$5 million
bond with no co-signer,
other
SDNY cases
continued.
A dual British -
US citizen
living in
Brooklyn but
reaching out
for underage
sex was
presented, with
his wife in
the courtroom
by that
time only with
Inner City
Press. Federal
Defender Amy
Gallichio
argued that
Peter Bright
should be
released, since
his building
in Brooklyn
has a video
surveillance
system.
But would the
neighbors want
the U.S.
Attorney's
Office to see
their
comings and
goings?
Gallichio offered
for Bright to
install his
own camera
over his door
and turn the
files in to
the
government. Judge
Freeman
found this of
intersted and
invited a second try, if
only in
writing. She
quizzed Bright's
all-American
wife in the
gallery and said
the Peter is
lucky. Was his
claim to be
"training" an
eleven year
old girl in
The Bronx just
puffery? Inner
City Press
will stay on
this case.
At
6:25 pm a
defendant
arrested at JFK
airport on
drug charges
(heroin and
fetanyl) appeared,
with CJA
lawyer de
Castro and a
court
interpreter.
The main
issue, it
seemed, was the
defendant's
prosthetic leg
and the need
for a "sock"
and one that
was cleaned.
Judge Freedman
signed an
order that defendant
Rivas-Marichal,
dubbed
"peg-leg" by
one heartless
Mag Court
denizen, no
longer by held
in leg irons.
The U.S. Marshals quickly
obliged.
And then led
him away.
Earlier
at 5:30
pm a taxi
driver from
Astoria,
Queens was in
the dock along
with a younger
man from India whose
Federal
Defender sparred with
the Assistant
U.S. Attorney
about his
right to copy
Defendant Malhotra's
passport.
Ultimately
Magistrate Judge
Debra Freeman,
handling
arraignments
this week,
told the government
NOT to copy the
passport, but
continued
detention for
Malhotra unlike
Calk.
The taxi driver was released
but can no
longer use a
smart phone, only
some ill-defined satellite
mapping
system. Inner
City Press
will continue
to follow
that and this
case.
In a tale
of two cases, on May 21 when
Colin Akparanta was brought in
shackles, accused of sexually
abusing female prisoners under
his control in the
Metropolitan Correctional
Center prison, into the SDNY
Magistrates Court, his wife
had been
waiting for
him for hours.
So too his
for-now
publicly paid
lawyer.
A few hours before a
defendant named
Hunter accused
of selling
guns from
South Carolina
to an
informant was
processed in
the same
Magistrates
Court, also
with his wife
or partner
Hope Hall in
the gallery.
Unlike Akparnta,
Farmer has no
passport - and
as noted in
the courtroom,
there are
no SDNY
extradition
issues with
South Carolina.
Call it
a tale of two arraignments,
or
presentments,
whatever the
term of art.
As to
Akparanta after a
reading of the
charges, Akparanta
was offered
$200,000 bail
but only when others
sign on to it.
The U.S.
Attorney's
Office will go
to the
house he owns
in Irvington, New
Jersey to pick
up his two
guns, and then
store them in
a vault. His
lawyer
said Yes, he
will be
engaging in
discussions about a
pre-trial
disposition, meaning
a plea.
The
government
argued for a
curfew, saying
that Akparanta
is a
naturalized
U.S. citizen
originally
from Nigeria
to which he
retains strong
ties.
He didn't try
to flee when
first
questioned -
but it seems
he thought he
was under
investigation
only for bringing
contraband
into the MCC
for female
prisoners, not for the sex
acts he traded
the contraband
and control
for.
The
unsealed
indictment in
USA v. Akparanta
lists as his nicknames
or aliases "Africa"
and "Akon." (A
commenter on
Inner
City Press' thread about
the
arraignment
noted that the
singer Akon is
not, in fact,
from Nigeria -
but neither is
Africa a
country.)
Akparanta's
lawyer expressed
concern
about where he
would be
detained on
the night of
May 21 while
awaiting
another signer for
his bond
and the
retrieval of
his guns. The
prosecutors
said he will
not be in
general
population or
even in any
Bureau of
Prisons facility
but rather a
contract one
(sounds like
GEO, a
private
prison.)
The government
asked that
time be excluded under
the Speedy
Trial Act for
discovery, which
they said is
voluminous
even though
the complaint
says the sex
acts took place
off camera,
referring to
"The Bubble," and
to discusss a pre-trial
disposition,
meaning a
plea. Judge
Freeman
asked Akparanta's
lawyer
if he anticipated
engaging in
such discussions.
Yes, was the
answer. So how
long, in a
private prison? Inner
City Press
will continue to
cover this
case, and
others.
***
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