| SDNY Assistant US Attorneys
Work From Home Filing In Sex Trafficking Trial
Inner City Press Fought To Cover Says
By Matthew
Russell Lee, Exclusive Patreon
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SDNY COURTHOUSE,
March 15 – In the sex
trafficking trial of US v.
Carl Andrews that Inner City
Press has been reporting
on despite a partially sealed
courtroom and US Attorney for
the SDNY withholding of
exhibits, the defense on March
14 asked for a stay of the
trial.
The reason?
Coronavirus COVID-19.
Now on
March 15 a filing in support
of the requested stay on
behalf of the National
Association of Criminal
Defense Lawyers, which Inner
City Press is putting online here, says that "The
government’s position also
creates a double standard
regarding communicability. Due
to the infections within the
U.S. Attorney’s Office, upon
information and belief,
Assistant United States
Attorneys have requested and
received permission to work
from home. That is
sensible and
appropriate. The jurors,
lawyers, witnesses, and Court
staff are entitled to choose
the same protective measures –
not just for themselves, but
for the their families and
their secondary and tertiary
(and beyond) contacts...
"NACDL has
been asked by the defense
attorneys in this case for
Strike Force assistance (in
the form of this letter)
because those attorneys are
gravely concerned for their
own health and safety, as well
as that of all other
participants in the trial (in
addition to their families and
others with whom they all will
come in contact). NACDL
believes that a stay is
necessary to protect the
health of jurors, lawyers,
witnesses, and Court staff and
personnel. Compelling
jurors to spend a fair portion
of the day in a confined space
in which they share a
bathroom, a sink, a table, and
chairs, and then another few
hours in close proximity in
the jury box, presents an
unnecessary and inordinate
risk under the current
circumstances... The defense
lawyers herein not only do not
want to be infected, they do
not want to be responsible for
infecting others."
In a
response filed past 9 pm on
March 14, Assistant US
Attorney Daniel Wolf has in a
footnote revealed that
"earlier today a Special Agent
of the Office was informed
that he tested positive for
COVID-19." Filing and more on
Patreon here.
Beyond the impact
on the already partially
sealed trial, how might this
impact the US Attorney's
Office other cases and (lack
of) transparency in the SDNY?
Inner City Press is on the
case.
As
Inner City Press reported,
Chief Judge Colleen McMahon
ordered that while
upcoming trials should
be postponed at least through
April 27, already underway
trials would continue.
Now this - while the US
Attorney's Office Press Office
did not, respond to Inner City
Press' written request for the
exhibit that Judge Paul A.
Engelmayer ruled Inner City
Press should get.
Past 9 pm
on March 14, Assistant US
Attorney Daniel Wolf replied
opposing any stay,
acknowledging the positive
test of a US Attorney's Office
security officer about whom
the US Attorney's Office Press
Office refused to answer Inner
City Press' question on March
13 - and revealing that a
Special Agent has tested
positive: "The U.S. Attorney’s
Office for the Southern
District of New York learned
last Thursday that a special
security officer (“SSO”)
assigned to the Office tested
positive for COVID-19, and
earlier today a Special Agent
of the Office was informed
that he tested positive for
COVID-19. Those assigned to
the trial team for the
Government have not had any
known contact with the SSO or
Special Agent, and common
areas at the Office have
undergone sustained deep
cleaning and sterilization in
recent days. For the avoidance
of doubt, no one on the trial
team for the Government is
exhibiting any symptoms
associated with COVID-19... As
a result of the Chief Judge’s
Order, there will be
substantially fewer people
present in the Courthouse this
week. Finally, the Government
opposes any additional voir
dire relating to jurors’
specific views of COVID-19.
The jurors have already been
asked to commit to being
impartial and taken an oath
expressing that commitment. In
addition, the Court has made
abundantly clear to the
parties and jurors its
attention to the risks of
COVID-19 and no juror has
expressed any concern. There
is no reason to take measures
beyond those that have already
been taken. For all of these
reasons, the Government
opposes the defendant’s
request for a stay or, in the
alternative, additional voir
dire." We'll have more on
this.
***
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