In
SDNY Harlem Murder Case Ends
in Mistrail After Slew of
Criminal Witnesses Retrial to
Come
By Matthew
Russell Lee
SDNY COURTHOUSE,
April 9 –
In the
trial of US v.
Bright for the
murder of
Amaury Paulino on
Christmas Eve
2014
on 129th
Street and St
Nicholas Avenue, on
April 9 a
mistrial
was declared.
SDNY
Judge Katherine
Polk Failla
told those in
attendance
including
Inner City
Press not to
blame the
jury, then
thanked them
for their service.
Three in
attendance,
one of whom later
spoke to
the prosecution,
declined to stand.
Bright was led
away to
be tried
again. A
control date
of April 19
was set.
Previously on
April 3 yet another
government
witness was
cross examined
about his own
drug dealing, in an
almost Samuel
Becket
colloquy. "One
of your
friends had a
very big
chain,
correct?" he
was asked. "He
had a chain
taken." "He
had someone
slash the
person he
thought took
it? Did
Skeeter do the
slashing for
Junie?" Neighborhood
residents in
the gallery of
Courtroom 110
audibly
laughed, as
did at least
one juror.
Later Judge
Katherine Polk
Failla told
the lawyers
that she would
play it by ear
with the
jurors if, for
example, summations
and the jury
charge finish
on Friday
April 5 and
they want
to stay past 2:45 pm.
The charging
conference is
set for
April 4, not
in the half
light of
Courtroom 110 but
upstairs in the
smaller but
better illuminated
Courtroom 618;
defendant
Bright wants
to be there
and so he
shall, with
two marshals in
shackles.
Inner City
Press may have
to be in 500
Pearl without
electronics at
that time -
but now to
be in Katherine Polk Faillanow
has some
exhibits, two
video views of
St. Nicholas
Avenue on the
night in
question, the
line up
photos,
autopsy notes.
Now if only
the government
had witnesses
who weren't
themselves
drug dealers,
with barely
audible
denials or "I
don't
remember"
answers... A previous
government witness
was asked
about his own gambling,
robbing of drug
dealers and
selling of
fake drugs. He
admitted to
spending $150
a day on dice and
card games,
taking
narcotic
pills, selling
soap and
shaved
sheetrock as
drugs. He was
questioning
about what he
told Probation
Officer
Stephanie
McMahon for
his own
pre-sentencing
report, a
document
usually said
sealed until a
defendant
appeals.
Bright's
lawyer asked
him questions
in English, to
which Martinez
in Spanish
often said,
What do you mean? Or
even, What
does he
mean?
Judge
Katherine Polk
Failla
several times
stepped in to ask
her own
questions to
clarify
things, then
instructed
Martinez not to
discuss
his testimony
during the lunch
break, after
which there
would be
more questions
for him, re-direct
and perhaps
a detective,
the government
said.
Martinez
was led out,
as was one
defendant.
We'll have
more on this
trial.
***
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