| In SDNY
Bronx Case In Which Cooperator Broke Deal
Trial Against Duo on October 3
By Matthew
Russell Lee, Patreon
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SDNY COURTHOUSE,
July 8 – A multi-defendant
narcotics conspiracy
prosecution centered on the
James Monroe Houses in The
Bronx now features charges
dropped due to a cooperating
witness not complying with his
cooperation
agreement.
The overall
case is known as US v.
Spencer, et al. and Inner City
Press has reported on it at
every stage, here
and here.
On July 7, 2022,
a trial schedule was set:
"Minute Entry for proceedings
held before Judge Analisa
Torres: Status Conference as
to Nyshiem Spencer, Stefvon
Eley held on 7/6/2022.
Defendant Spencer present with
CJA attorneys Sabrina Shroff
and Luca Marzorati. Defendant
Eley present with CJA attorney
Jeremy Schneider. AUSA Andrew
Chan present for the
Government. Court reporter
present. Government to produce
enterprise letter by July 26,
2022. Trial scheduled to begin
on October 3, 2022, at 9:00
a.m. Motions in limine and
pretrial submissions due by
August 23, 2022, with
opposition to be filed by
September 6, 2022. Final
pretrial conference to be held
on September 21, 2022, at 1:00
p.m."
Back on November
16, 2021 docketed was this:
"ORDER as to Lafone Eley. The
Defendant in the above
captioned case has been
sentenced to a term of
imprisonment of time served.
(Signed by Judge Analisa
Torres on 11/15/21)."
On March 25
the U.S. Attorney's office for
the Southern District of New
York has written to SDNY Judge
Analisa Torres:
"In light of
evidence indicating that a
cooperating witness (“CW-1”)
breached CW-1’s cooperation
agreement, the Government has
determined that it will not
call CW-1 at trial in this
case. The Government will
provide this evidence,
including notes of CW-1’s
meetings with the Government,
to defense counsel by April 2,
2021.
"Given the
foregoing, the Government no
longer intends to proceed with
respect to Counts Two and
Three of the 20 Cr. 78 (AT)
Indictment. The Government
also no longer plans to
proceed on Count Nine of the
Indictment with respect to
Defendants Nyshiem Spencer,
Shalik Jenkins, Nasir Vincent,
Allan Gonzalez, and Jonell
Danforth. With respect to
Defendants Malik Tunstall and
Price Tunstall, the Government
intends to proceed on Count
Nine, but without seeking
findings by the jury with
respect to drug weight. The
Government is evaluating
whether there is sufficient
evidence to proceed at all
with respect to Defendant
Shalik
Jenkins."
We aim to have
more on this.
Earlier in the
case, nearly a year ago on
March 30, 2020, Inner City
Press reported
that Assistant US Attorney
Justin Rodriguez repeatedly
cited a video of which he
wrote he would "arrange with
the Court's Chambers for the
transmission of an electronic
version of the video montage,
rather than a physical copy."
The video was and is as of
this writing not in the case's
docket on
PACER. Judge
Torres relied on this video is
denying bond, finding a danger
to the community. Minutes
later, she approved a switch
to CJA lawyer James Branden
for co-defendant Lafone Eley."
On October 20,
2021, Lafone Ely came to plead
guilty to a single count of
attempted bank fraud. When
asked to allocute, he said he
had gotten the password to a
bank account not his own,
raised the limit but still
hadn't been able to get the
money. He got a plea deal with
a guideline of nine to 15
months, with a speedy
sentencing set for November 9.
On June 7, 2022
Judge Torres imposed time
served sentences in the case
on Shalik Jenkins and on
Ashanae McLaughlin, noting her
past as "a Bronx-born
basketball star" and
relatively lesser role.
The case is US v.
Spencer, et al., 20-cr-78
(Torres)
***
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