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SDNY COURTHOUSE, Oct 16 – In the case of US against Aljermiah Mack and Anthony Ellison, the jury on October 3 returned a mixed verdict, see below. Daniel Hernandez / Tekashi 6ix9ine who testified for three days against them is now set to be sentenced on December 18 at 10 am, with the government's submission including under Section 5K1 due on December 11 or before.  Inner City Press tweeted the order here, and the underlying submission rules here.

  On October 17 co-defendant Jamel Jones is set to be sentenced. The US government is seeking a sentence between 135 and 168 months, emphasizing that Jamel Jones was the godfather of the Nine Trey Bloods' street line up. The US' sentencing submission says, citing 69, "Daniel Hernandez testified about the aftermath of Hernandez’s kidnapping. Specifically, Hernandez testified that after Hernandez was kidnapped, the defendant and others, including Kifano Jordan, a/k/a “Shotti,” came to Hernandez’s house and that Jordan brought an assault rifle to the house in order to retaliate against Ellison. In addition, after Hernandez denounced Nine Trey on a nationally-syndicated radio program, several of the defendant’s calls were intercepted over a wiretap on his phone in which the defendant discussed “violating” Hernandez. In one of those calls, the defendant and Jim Jones, who was identified at trial as another Nine Trey member, discussed shooting members of Hernandez’s security detail in order to get to Hernandez. (See Trial GX 320T at 4:17–18 (“One of them security better get hit, something, something better happen.”).) The intercepted calls make clear that, unlike what the defendant reported to probation and wrote in his sentencing letter to the Court – that is, he was shot in 2010 because he did not want to be “an active member of the Bloods,” (PSR ¶ 110) and that he “was done with the streets,” (Def. Sentencing Memorandum, Ex. A) – the defendant was very much an active and influential member of Nine Trey when he was arrested." Inner City Press will cover the sentence.

  On October 10 co-defendant Roland Martin a/k/a Ro Murda was sentenced by Judge Paul Engelmayer. The sentencing guideline specified in his plea agreement was 77 to 96 months; the government recommended 60 months.

  After back and forth which Inner City Press live tweeted, below, Judge Engelmayer said he would have sentenced Ro Murda to 90 months, but because he was stabbed in the MDC after renouncing the gang, he gave him 66 months.

 Since he has already served 10 months, it will be 56 more months; his request is in Fort Dix. Here's some of how it went:

AUSA begins pitch for long sentence, citing "cooperating witnesses" at trial (that is, #6ix9ine and Kristian Cruz) that Roland Martin was a high ranking Nine Trey official, in the Prison Line Up for 9 years then once out in February 2018.

Judge Engelmayer cuts in, asks AUSA Wasn't Roland Martin not really involved in the shooting in the Barclays Center? Cites the video shown at trial. AUSA saying he was there in the hall, citing "Mister Hernandez."

 AUSA cites 2016 jail calls in which Roland Martin told Kristian Cruz he could help get drug debts "settled" by raising it to the Nine Trey leadership in prison.  Judge Engelmayer reminisces about trial testimony, which he says showed the Prison Line Up.

 AUSA says a significant sentence is warranted but acknowledges Ro Murda suffered a "horrific attack" in the MDC. Now defense counsel is up.

Ro Murda's lawyer starts with the power outage in the MDC.  Judge Engelmayer cuts him off, tells him he has a much more substantive and unique argument for Mr. Martin for a sentence reduction.

His lawyer says Ro Murda in May 2019 renounced being a member of the gang. And on May 30 he was stabbed multiple times. And when taken between hospitals, "it is still no clear why... there was no oxygen tank in the ambulance."

 Judge Engelmayer jumps in, saying he's seen the video and what is "striking" is that the corrections officers did not come in to help, Ro Murda was running about trying to save his own life

It seems NYU Langone [on 55th Street in Sunset Park, near the MDC] dumped Roland Martin to Bellevue as it does not have a contract with the BOP. [Inner City Press hopes to have more on this.] Upon return to MDC, Ro Murda was put in the SHU [Special Housing Unit] for his own protection.

 Roland Martin's lawyer is arguing that he shouldn't stay in jail because he is at risk there, having renounced gang membership...  He says that Ro Murda's sentencing submission has 16 letters of support.

 Roland Martin speaks: he apologizes to the court, his family and community. Says he renounced Nine Trey in May and got stabbed nine times. He is having nightmares. He wanted to leave Brooklyn, and later work with kids, he says, and see his daughter.

Roland Martin has already been in jail 10 months in this case. He's saying, as #6ix9ine is, that that is enough. Judge Engelmayer after a break "to collect my thoughts" goes on the record with his view, cites his role in attack on a rival of #6ix9ine April 3, 2018

 As Judge Engelmayer reads out his reasoning - still no sentence - a group file into courtroom. Judge has a case later in the afternoon about... AirBnB

Beyond deterring others, Judge Engelmayer says that society needs to be protected from Ro Murda. He adds, "Sorry to say all that, but it's the truth." Now running through mitigating factors, leading with the multiple stabbings after he renounced the gang.

 Now Judge Engelmayer is reading from the letters of support: Roland Martin's mother, his daughter ("best Dad ever"); fiance says "Ro is a great man."

Judge Engelmayer: Ro's aunt writes that he took care of her girls until she could come home from work. Drum roll: he is about to actually impose sentence

Judge Engelmayer says he would have sentenced Roland Martin to 90 months in prison, but that the attack on him in the MDC for renouncing the gang results in a 24 month reduction. He sentences Roland Martin to 66 months in jail.

 Judge Engelmayer asks Roland Martin to stand up for formal imposition of sentence: 66 months in jail (he's already served 10, so 56 more months). Says don't associate on social media with gang members, hmm. There are not legal objections. Open counts dismissed.

 Roland Martin's lawyer asks that he serve his sentence in Fort Dix. It will be 56 more months.

  6ix9ine hopes to get "time served" for his cooperation, rather than the 47 year mandatory minimum he would otherwise face for what he pleaded guilty to. The government's total discretion under Section 5K, and judges' separate ability to ignore the prosecutors' recommendations, were brougtht to the forefront his week in the Honduras drug trafficking case in the SDNY.

 In that case, which Inner City Press is also covering, Alex Ardon admitted to killing 56 people, but still stands to get a 5K1 letter. We'll continue to cover both cases.

 Judge Engelmayer was responding to a joint move to expedite sentencing, and publish (tweet) the letter here: "Dear Judge Engelmayer: The parties respectfully write to request that a presentence investigation report be ordered and that a sentencing date be scheduled for Mr. Hernandez. Counsel for Mr. Hernandez respectfully requests that sentencing be scheduled on an expedited basis. The Government does not object to this request. In order to facilitate the request for expedited sentencing, the parties waive the 35-day notice requirement pursuant to Fed. R. Crim. P. 32(e)(2). Respectfully submitted, GEOFFREY S. BERMAN." How expedited can it be? Inner City Press will stay on this. For now more on Patreon here. Watch this site.

  Along with guilty findings on racketeer, Count 1, and Counts 2, 5, 6 and 7, it issued "Not Guilty" rulings on Ellison Counts 3 and 4 and with regard to Nuke Mack and guns, Count 7. After more than an hour, got and published it:

Count 1 Racketeering - Guilty
Count 2 Kidnapping - GUILTY
Counts 3 & 4 Ellison gun - Not guilty
Count 5 (maiming) - Guilty
Count 6 narcotics - Guilty
Court 7 Mack firearm - Not Guilty

  What the verdict may mean for 6ix9ine's bid for both a 5K1 cooperator's letter and "time served" instead of the 47 year mandatory minimum he would otherwise face is not yet known.

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.

Ellison's defense lawyer Deveraux Cannick told 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 asked 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.

For now, more on Patreon here.

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