| Horge
Asked SDNY For Severance From Scales But
Denied, Into the Ether, As Gets New Lawyer
By Matthew
Russell Lee, Patreon Song
https://soundcloud.com/innercitypress/into-the-ether-of-the-bop-by-matthew-russell-lee
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
June 28 – Defendant Ernest
Horge back on February 27,
2020 said in open court that
it is unfair he is in the same
case as a man now set to be
charged with capital murder.
Horge's
court appointed lawyer Matthew
D. Myers said he might soon
make a motion for severance of
the cased, but he has a trial
on the other side of the
country first.
Months
later on May 28, 2020 amid the
COVID-19 pandemic, Horge and
Myers and others appeared
virtually before U.S. District
Court for the Southern
District of New York Judge
Laura Taylor Swain. Inner City
Press again covered it, below.
On November 11,
Veterans Day, the US
Attorney's Office announced a
superseding indictment that
formally charges Scales with
murder, and keeps Horge linked
to him: "In the Superseding
Indictment, SCALES is charged
with causing another person to
shoot at rival drug dealers on
June 9, 2017, in the vicinity
of 1135 East Tremont Avenue in
the Bronx, New York, causing
the death of Joshua
Lopez. SCALES and HORGE
are also charged in the
Superseding Indictment with
engaging in multiple specific
drug sales between November
2018 and February 2019, in
addition to the narcotics
conspiracy charged in the
initial indictment." The case
was reassigned to Judge Jed S.
Rakoff, the docket said.
On March
17, 2021 Judge Rakoff held a 4
pm proceeding, after presiding
for the whole day over the
Eaze trial, in the same large
courtroom. Scales was present,
but Horge was not. He was
unceremoniously moved out, for
evaluation. Some of those
close to him have reached out
with question.
There has
been, from the beginning of
this case, some lack of
transparency. But what will
Judge Rakoff's recent order
that the US Attorney's Office
should make trial exhibits
available publicly by midnight
of the trial day they are
introduced, that may change.
Now in May
2021, after Horge in essence
disappeared into the BOP fog
to be evaluated, he has
written from the MDC that he,
with a condition that would
react badly to it, has been
placed in a cell with a man
with tuberculosis. Inner City
Press has been asked to help
and for now, this
song.
https://soundcloud.com/innercitypress/into-the-ether-of-the-bop-by-matthew-russell-lee
Watch this site.
On May 12,
Judge Rakoff held a Curcio
hearing with Ernest Horge
present in person. Inner City
Press went as well. The
possible conflict of interest
was a former client of Myers.
AUSA Frank Balsamello said the
government would not be using
that person in any way.
Judge Rakoff
asked Horge if he waives the
conflict and accepts Myers.
For now, Horge
said.
Judge Rakoff
explained that a future bid to
change counsel might not be
approved, if it interfered or
conflicted with the July 7
trial.
Judge Rakoff
asked Horge if there was
anything more he wished to
say.
Maybe when I get
back into the holding cell,
Horge said. Then it was over.
But on June 28
there was another change of
counsel proceeding listed.
Inner City Press went to the
14th floor and found the AUSA
in the hallway, but the
courtroom door apparently
locked. Afterward, this:
"Attorney update in case as to
Ernest Horge. Attorney Megan
Elizabeth Wall-Wolff for
Ernest Horge added. Attorney
Matthew Daniel Myers
terminated."
Inner City Press
will remain on this case.
Previously Horge
and Myers described
non-functional computers to
review discovery in the MCC,
requiring him to print out
nine inches of documents from
a hard drive the US Attorney's
Office provided him.
U.S.
District Court for the
Southern District of New York
Judge Laura Taylor Swain, who
has also received handwritten
letters from Horge's family
members and filed them in the
docket after redacting
children's names, patiently
asked Horge about his
medication. On February 27 she
urged him to speak less.
But
Horge had more to say. He
insisted that the gun was
found in someone else's room,
in someone else's apartment.
He said the prosecutors, here
represented by AUSA Frank
Balsamello, were just "using
924(c) as a bargaining tool."
He said everybody loves him,
he has a great sense of humor.
He rhymed Prosecutors lying
and kids crying, and called
the whole situation a "Star
Spangled Banner blueprint for
genocide."
The case is US v.
Horge, 19-cr-96
(Rakoff).
***
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