| Edwin Alamo With Asthma In
MCC Lost Bail Motion Now To Plead Guilty June
3 CARES Act
By Matthew
Russell Lee, Patreon
BBC
- Decrypt
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Source
SDNY COURTHOUSE,
May 30 – Edwin Alamo, a
25-year old Bronxite with
asthma incarcerated in lower
Manhattan in the Metropolitan
Correctional Center amid the
Coronavirus pandemic, had an
hour-long bail hearing on
April 7 before U.S. District
Court for the Southern
District of New York Judge
Richard M. Berman.
Alamo could not easily have
been before a more sympathetic
judge. After one of his
relatives described Alamo
trying to get treatment for
asthma at Einstein Hospital in
The Bronx in February 2019,
Judge Berman called the whole
situation heartbreaking and
tragic.
But unlike
for example cooperator Daniel
Hernandez a/k/a Tekashi
#6ix9ine, also with asthma,
and unlike convicted OneCoin
money launderer Mark Scott,
Edwin Alamo was not released.
Now on May
30, it seems a change of plea
- that is, a guilty plea - is
being arranged, with all the
CARES Act provisions: "Re:
United States v. Edwin Alamo,
Jr., 19 Cr. 640 (RMB) Dear
Judge Berman: The Government
respectfully submits this
letter, with the consent of
defense counsel, to request in
the event a change-of-plea
hearing (“Plea Hearing”) is
convened on June 3, 2020, that
the Court adopt the following
procedures in accordance with
the Constitution and
Coronavirus Aid, Relief, and
Economic Security (CARES) Act,
Pub. L. No. 116-136, § 15001,
et seq.: 1. Should the Plea
Hearing proceed, the Court
“find[] for specific reasons
that the plea . . . cannot be
further delayed without
serious harm to the interests
of justice,” CARES Act §
15002(b)(2)(B); 2. Should the
Plea Hearing proceed by
telephonic means only, the
Court find that “video
teleconferencing is not
reasonably available,” id. §§
15002(b)(1), (b)(1)(I),
15002(b)(2)(B); and 3. The
Court docket a
publically-available means for
accessing any telephonic or
video proceeding." We'll have
more on this.
Back
on April 7 after Assistant US
Attorney Daniel Wolf
questioned the relative about
the walk-up apartment building
in which Alamo would be
staying, and his failure to
fill his prescription for an
asthma pump (the relative said
he has not health insurance),
the legal standard was not
met.
Judge
Berman found both that Alamo
if released would present a
danger to the community, and a
risk of flight given the
amount of time he faces on
drug courier and other
charges. Recidivism
also, in fairness, was an
issue, perhaps the dispostive
one.
His next
hearing, at which unlike this
one he will perhaps be
present, is set for May 7. The
case is US v. Alamo, 19-cr-640
(Berman).
***
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