| In Sex Trafficking Case
Stopped Amid COVID Now Defendant Out of SHU So
Laptop Me Too
By Matthew
Russell Lee, Patreon Thread
BBC
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SDNY COURTHOUSE,
March 22 – In the sex
trafficking trial of US v.
Carl Andrews that Inner City
Press has been reporting on
despite a partially sealed
courtroom and US Attorney
withholding of exhibits, the
defense on March 14 asked for
and got a stay and then end of
the trial.
The reason?
Coronavirus COVID-19.
For that
re-trial one of the US
Attorney's Office's witnesses
is blamed for putting the
jury, court staff, and the
Press at risk (Inner City
Press witnessed and reported
on her March 12 testimony, here),
see below.
Back on
November 29 Andrews
counsel detailed
problems with legal calls and
access to discovery in the
MCC.
On November 30
Judge Engelmayer held another
proceeding, and Inner City
Press again covered it. Judge
Engelmayer acknowledged that
Andrews' case will probably be
leaving the SDNY, and ordered
that Defendant Justin Rivera,
who was again produced late,
should get three hours a day
with an "air-gapped" lap top.
There is also co-defendant
Dwayne Conley.
On January
18, MLK Day, Conley's lawyer
has asked that he be released
on bond, citing that "the MCC
has imposed another lockdown,
which went into effect at
12:00 am of January 16th and
which will remain in effect at
least until the January 20th
Presidential Inauguration...
Given the urgency of the
current situation, I urge the
court to consider this matter
promptly."
On January 26,
Judge Engelmayer has ordered
up reports from pre-trial
services: "ORDER as to
Justin Rivera, Dwayne Anthony
Conley: The Court has received
applications for release on
conditions of bail from both
defendant Justin Rivera and
defendant Dwayne Anthony
Conley, who are scheduled to
commence trial on June 1,
2021. Because Rivera came into
federal custody on a writ from
state custody and because
Conley consented to pretrial
detention, the District's
Pretrial Services Office to
date has not prepared a
pretrial services report for
either defendant. The Court
would benefit from such
reports, and asks that such be
furnished to the Court and
counsel by Monday, February 1,
2021. The Court does not
invite submissions from
counsel in response to these
reports, but will do so if the
Court determines that a
response is warranted. The
Court directs the Government
forthwith to furnish Pretrial
Services with a copy of this
order."
On March 22,
Judge Engelmayer held another
proceeding, and Inner City
Press again covered it. One of
the issues involved Justin
Rivera being moved out of the
SHU in the MCC. His laptop
with discovery on it should be
transferred with him, Judge
Engelmayer said. He suggested
the Rivera's counsel email the
MCC, copying the US Attorney's
Office which should "me too
it," Judge Engelmayer said.
Watch this site.
On January 4,
Judge Engelmayer held a telephone
conference about the new and belated files, and
Inner City Press covered it. Because the
US Attorney's Office maintained that
the trial should still go
forward on February 16, Judge Engelmayer said 3500 material would
be due - and, on January
15, a letter reporting (Nejad-style)
on its
investigation as
to how the discovery lapse came
about." Watch
this site.
The case
is now US v. Rivera and Conley, 19-cr-131
(Engelmayer).
***
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