Public Lewdness Nolo Contendere
Interruptus As SDNY Judge Failla Is A
Student of the Law
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Aug 31 – A defendant named
Justin Rivera, on an alleged
public lewdness Violation of
Supervised Release, wanted on
August 31 to plea "nolo
contendere" in Federal
Court.
U.S.
District Court for the
Southern District of New York
Judge Katherine Polk Failla
held a proceeding. Inner City
Press covered
it.
Assistant US
Attorney Scott Hartman
acknowledged difficulties with
a nolo contendere plea but
said it could be viewed as
waiving Rivera's right to a
hearing, in order not to
prejudice him in his
associated state case.
Judge
Failla asked if she would be
able, simply under the 3553a
factors, to add a sexual
crimes testing condition of
release. AUSA Hartman called
Judge Failla a careful student
of the law.
That I am, and
hope to remain, Judge Failla
said. In order not to rush the
proceeding, she asked if she
might reconvene with the
lawyers, then at a later date
with Justin Rivera.
His lawyer
Neil Checkman said he will be
asking for time served, and
got his clients consent to the
lawyers' only conference.
But will notice
be given to the press and
public? Currently, the public
docket has no mention of
public lewdness, just as it
did not note the August 31
proceeding.
The case is US v.
Rivera, 15-cr-608 (Failla).
***
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