In SDNY Polanco Wants
Multiple Conspiracy Charge From Judge
Engelmayer As Meyers Stays Dark
By Matthew
Russell Lee, Exclusive, Patreon
SDNY COURTHOUSE,
June 21 – In the trial of US
v. Jason Polanco many videos
of store robberies in masks
were shown on June 19,
complete with play by play by
one of the now unmasked
participants, Joshua Kemp.
Hours later a higher profile
defendant scheduled for the
same courtroom had a more
effective mask: his unnumbered
case was quietly adjourned,
see below.
Now on
June 21 Polanco's lawyer Donna
R. Newman has argued to U.S.
District Court
for the
Southern
District of
New York Judge
Paul A.
Engelmayer
that based in
part on Kemp's
testimony he
should adopt
the
"multi-conspiracy"
charge used by
his follow
SDNY Judge J.
Paul Oetken in
US v.
Polanco,
16-Cr-826
(PAE) at Dkt.
#388.
Among the
bases for
Polanco's
lawyer's
argument:
"Kemp’s
alleged sale
of weed for
his girlfriend
Jessica, is
insufficient
to draw
Polanco into
the charged
conspiracy—at
best it might
draw Kemp into
Polanco’s
separate weed
conspiracy.
Nothing the
Government
argues in
their letter
to the Court
in opposition
to the
multiple
conspiracy
instruction
defeats the
testimony
cited above
that provides
ample record
evidence to
warrant this
Court to give
the request
instruction."
Newman quotes
from the
transcript
that is not
yet on PACER,
even in the
SDNY
courthouse:
Kemp’s
testimony
establishes
(assuming, arguendo,
for purposes
of the
narcotics
conspiracy
discussion in
this letter
only that Mr.
Polanco
committed that
homicide) that
it was a
purely
personal
matter:
Kemp
SB was in the
neighborhood,
and he was
drunk, and he
was I guess
what we call
wilding out.
THE
COURT: Wilding
out?
Kemp:
Wilding,
acting crazy.
I guess
something that
SB said, Jin
[ed.'s note:
that is,
Polanco] took
offense to it,
and he
expressed that
to Fred. And
Fred told him,
if you feel
some type of
way, then you
can do
something
about it. And
Fred gave Jin
a gun, and he,
Jin, went and
did what he
did...Like I
said before,
Fred told me
that SB was
drunk and he
was mouthing
off or acting
crazy, and Jin
took offense
to it. Fred
told him, if
you feel some
type of way
about it, you
can handle
your business,
and he gave
him a gun,
gave Jin a
gun, and Jin
shot SB.
Tr407." We'll
have more on
this.
On June
19 in Bureau of Prison blues
in the late morning, Kemp
described buying Halloween
masks on Fordham Road and
targeting a liquor store in
Washington Heights.
In
the courtroom of Judge
Engelmayer the jurors started
intently at their screens as
Kemp chased a liquor store
worker. The defendant,
presumably, pushed a liquor
store customer to the ground.
Later they ran off down the
sidewalk. Today everything is
filmed.
But there
are still disputes. Polanco's
lawyer Donna R. Newman on June
18 wrote to Judge Engelmayer
about "the substantive Hobbs
Act robbery of a Citgo station
on November 24, 2014," saying
that "there is no
disinterested eyewitness
identification of Mr. Polanco,
no DNA, no fingerprints, and
nothing that links Mr. Polanco
to these robberies other than
the word of a cooperating
witness, Joshua Kemp."
Inner City
Press has asked the US
Attorney's Office for the
government exhibits. Later on
June 19, a plea that Judge
Engelmayer was supposed to
take in US v Meyers, initially
with no case number, was
abruptly postponed. But Inner
City Press is on the
case - on June 20 at 4 pm
the talk in Judge
Engelmayer's courtroom was
all Palanco and not the
"disappeared" case, see
below, @InnerCityPress and
the new @SDNYLIVE:
The
US has quietly filed a
criminal antitrust case
against Banca IMI trader Larry
D. Meyers, concealing the case
number and adjourning what was
listed as a plea proceeding on
June 19 before Judge Paul A.
Engelmayer of the U.S.
District Court
for the
Southern
District of
New York,
Inner City
Press can
report.
The case
involves
violations
with the
Sherman Act
with respect
to American
Depository
Receipts. It
is a quiet
part of a larger
case.
Back on 9 May
2019 DOJ
Antitrust
Division
criminal chief
James J.
Fredricks
signed a
"Notice of
Intent to File
An
Information"
against
Meyers.
Through
so-called
"Wheel B" it
was assigned
to SDNY Judge
Engelmayer, by
Magistrate
Judge Ona T.
Wang.
On
June 5 - it is
not clear
where -
Meyers and his
attorney Dan
Portnov
"waive[d] in
open court
prosecution by
indictment and
consent[ed]
that the
proceeding may
be by
information
instead of by
indictment."
That way,
instead of
through the
more public
Magistrates
Court, Meyers'
presentment
was before
Judge
Engelmayer,
with a Docket
Number listed
as "19-CR-
[blank],"
quickly
released on
$100,000 bond,
travel
restricted to
the US and
Ireland unlike
most
defendants
confined to
two or three
US Districts.
This is the
VIP aisle of
indictments,
with the DOJ
helping to
avoid any
possible perp
walk.
And so it was
that while the
week's SDNY
"Civil and
Criminal
Proceedings
Calendar" for
the week of
06/17/19
listed on June
19 at 5 pm a
plea before
Judge
Engelmayer in
USA v. Meyers,
19-cr-[blank],
the courtroom
of Judge
Engelmayer
where Inner
City Press had
been earlier
in the day on
a Hobbs Act
robbery trial
was empty.
There was no
sign on the
door
explaining
why, as was
done for
example on the
door
of Judge
Deborah Batts
about Michael
Avenatti.
There are VIP
lines, and vip
lines.
Currently
the docket
does not show
where the next
proceeding
will take
place. But
Inner City
Press believes
it knows.
Watch this
site - and for
more, see its
Patreon, here.
By
contrast the
last
SDNY
Magistrates
Court case on
June 19
before
Magistrate
Judge Sarah
Netburn seemed
straightforward.
Ricardo Reynoso,
resident of Massachusetts,
had been
arrested at
11:30 am that
day in
Connecticut.
Judge Netburn
released him
on $75,000
bond.
Judge
Netburn,
who the
previous day
sealed and
delayed
docketing on a money
laundering
case from New
Jersey
completing the
tri-state
trifecta, told
Ricardo Reynoso about
a program she and
another
SDNY judge
(apparently
SDNY Chief
Judge Collen
McMahon)
run. It is
called Young
Adult
Opportunity
Program.
Because
Inner City
Press is not
*only* about
pushing for
transparency,
for example
of the a suddenly
sealed
sentencing
before Judge
Lorna G.
Schofield on
June 17,
we link to this
program here.
It's all to
the good. So is
transparency,
including on
warrants.
We'll have
more on this.
***
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