| James Kelly Released From
MCC Asks Why Competency Test Ordered After Not
Guilty Plea
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
April 15 – In December 2018
James Kelly allegedly sold
small amounts of crack to an
undercover police officer on
Southern Boulevard, Marmion
and Prospect Avenues in The
Bronx.
After his
arrest he was detained in the
Metropolitan Correctional
Center, amid the Coronavirus
pandemic.
Inner City
Press' inquiry found that
Kelly would in all likelihood
already be out of custody, and
the risks that it presents, if
he had pleaded guilty. But he
did not plead guilty. Soon he
had a falling out with not one
but two Criminal Justice Act
appointed lawyers.
On
April 8, Assistant US Attorney
Christopher Clore said that
his office is still exploring
how to "resolve" the case,
even after Attorney General
William Barr's instruction to
depopulate the federal prisons
to the degree possible during
the pandemic.
U.S.
District Court for the
Southern District of New York
Judge Richard M. Berman asked
Clore if perhaps he should
check in with US Attorney
Geoffrey Berman.
Clore said that
would not be necessary, he
would be speaking with his
supervisor later on April
8. And, later on April
8, this order: "ORDER as to
James Kelly: Based upon the
record herein, including
without limitation the
teleconference conducted today
(see Transcript 4/8/20) among
counsel, the Court orders and
directs as follows: 1-
Defendant James Kelly (19 cr
426) should be released
forthwith (but no later than
April 9, 2020) on his own
recognizance from MCC; 2-
Defendant to reside with Ms.
Rose Lee at, New York City ;
3- Defense Counsel to arrange
for someone (Ms. Lee or
another responsible adult) to
meet Mr. Kelly upon his
release from MCC and accompany
him; 4- All parties, including
Mr. Kelly, to participate in
teleconference as scheduled at
today's conference. (Signed by
Judge Richard M. Berman on
4/8/2020)."
A follow up
conference was scheduled for
April 15.
Inner City
Press covered it. AUSA Clore
said he is awaiting a decision
by the chief of the SDNY
Criminal Division, seemingly
to offer a resolution without
a guilty plea.
Then James
Kelly spoke up. He asked why
his (then) lawyer James Devita
had asked for a mental
competency exam, which Judge
Berman signed for on January
28. He recounted how it was
only after he refused to plead
guilty that his lawyer wanted
him to be mentally evaluated.
Judge
Berman said he should discuss
it with his lawyer(s). A new
date for next week was
selected, and the Judge's team
stayed on the line. Inner City
Press hung up. We will stay on
this case, and how it was that
a man who pled not guilty was
characterized as, well...
possibly incompetent.
The case is
US v. Kelly, 19-cr-426
(Berman).
***
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