| SDNY Judge Berman Ordered
Ortiz To Odyssey House But Left Aug 6 Now He
Wants Hearing
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Nov 9 – Sammy Ortiz was
sentenced to 72 months in
prison by U.S. District Court
for the Southern District of
New York Judge Richard M.
Berman on November 4, 2014.
Judge Berman
recommended that Ortiz
"receive a mental health
evaluation and treatment while
incarcerated," as well as
participate in a substance
abuse program.
On July 16, 2020
Judge Berman held a telephone
proceeding with Ortiz. Inner
City Press covered it.
Ortiz was and is
in crisis, it seemed.
He wanted to
enroll in a 28 day residential
drug treatment program, but
the program, called
Cornerstone, required that he
be taken three other
mentally-related medicines.
In essence, he
faces remand to jail unless he
takes these medications.
Judge
Berman asked, Do you have your
meds? Ortiz' answers shifted,
from that the meds were lost
in his bag, to that he did not
want to take them.
His
lawyers, who named all three
-- Inner City Press will not
-- said that one in
particular, her client did not
want to take.
She committed to
quarterback the process of
getting Ortiz into Crossroads,
since Judge Berman said he
will be "out of pocket" most
of next week. He told Ortiz,
I'd come there myself if I
could.
Ortiz said, We're
known each other for years and
I thank you.
That
transcript is still not in the
docket, where the most recent
one is from April 21.
On October
21, there was another
telephone conference, with
Ortiz' (and Natalie Edwards')
lawyer Stephanie Carvlin.
Things got heated and another
conference was set.
On May 17, 2021,
Judge Berman held another
proceeding. Inner City Press
called in and identified
itself. As Ortiz spoke in
opposition to be forced into a
residential treatment program,
an admonition was given not to
report on health, particularly
mental health, issues.
Inner City
Press generally agrees - but
usually the request for
confidentiality is by the
defendant. In this case,
without here revealing more,
Ortiz repeatedly said he would
prefer to simple serve and
finish prison time rather than
be in this ongoing "court"
supervision. It is his right
that is at issue here, even as
Judge Berman assured that he
is not about punishing Ortiz.
This is
one reason Inner City Press
would err on the side of
transparency rather than
opacity or artibrary
air-brushing of what is being
done in the criminal justice
system.
Said
otherwise, if a defendant is
detained or ordered into a
location in the name of mental
or other health, the issue of
not reporting it is different.
On May 25,
Judge Berman held another
conference and Inner City
Press again covered it. Now
Ortiz is set to be assessed at
Odyssey House, with another
call set.
On June 14, Judge
Berman conducted another
proceeding and Inner City
Press again covered it. Sammy
Ortiz had still not been found
a placement. It was explained
that he is on two medications
- we will not name them - and
that is an issue. Judge Berman
expressed frustration and set
another proceeding for June
22, at 10:30 am. Ortiz said he
has 17 clean urines in a row.
On July 13, this:
"before Judge Richard M.
Berman: Evidentiary Hearing as
to Sammy Ortiz held on
7/13/2021. AUSA Margaret
Graham present; Defense
attorney Stephanie Carvlin
present... supervisee agrees
to enter detox program today;
Government will submit a
letter on 7/14/21 re:
supervisee's admittance into
detox facility."
But on July 14,
on a letter with "GEOFFREY S.
BERMAN" on the signature
block, the US Attorney's
Office informed Judge Berman
that "Ortiz promised to check
himself into detox... Instead,
he was arrested yesterday at
approximately 4 pm for the
sale of narcotics. His arrest
number is B21-618328. The
Probation Department believes
that a warrant for Ortiz's
arrest would be appropriate."
On July 26, this:
"Minute Entry for proceedings
held before Judge Richard M.
Berman: Evidentiary Hearing as
to Sammy Ortiz held on
7/26/2021. AUSA Margaret
Graham present; Defense
attorney Stephanie Carvlin
present; Supervisee Sammy
Ortiz present; SDNY USPO
Ji'vonne Gilmore present;
Court Reporter Kristen
Carannante present; witness
sworn for testimony; document
entered into evidence (Court
Exhibit A - transcript dated
7/13/21); Court orders: 1-
supervisee to report to St.
John's today by 4:00 pm; 2-
supervisee to immediately go
to Odyssey House upon release
from St. John's; 3- probation
to make arrangements to ensure
that supervisee is accompanied
from St. John's to Odyssey
House; AUSA to advise Court by
5:00 today of supervisee's
status at St. John's."
On August 11, the
AUSA wrote that on "Friday,
August 6, Ortiz was discharged
from Odyssey House.. On Monday
August 9, Ortiz told probation
that he was in Queens, but did
not provide an address. At
approximately 4 a.m. on August
10, Ortiz texted that he was
in a program, but did not
provide a name or address."
Next, a no-show:
"Minute Entry for proceedings
held before Judge Richard M.
Berman: Telephone Conference
as to Sammy Ortiz held on
8/24/2021. AUSA Andrea
Griswold present; Defense
attorney Stephanie Carvlin
present; USPO SDNY Ji'vonne
Gilmore present; No appearance
by supervisee Sammy Ortiz;
Court Reporter Alena Lynch
present; warrant for Sammy
Ortiz continues; next
conference/hearing is
scheduled for 9/15/21 at 9:00
am."
This amid other
successes in supervision, here.
On November 9,
2021, Judge Berman held
another status conference with
Sammy Ortiz. His counsel
Stephanie Carvlin said she
wants a hearing, a focused on
Specifications 10 and 15,
relating to state charges.
Judge
Berman said he preferred that
the next proceeding be another
status conference. It is set
for December 2, at 9 am.
Inner City Press
will continue to follow and
report on this case.
The case is US v.
Ortiz, 13-cr-687 (Berman)
***
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