| In Sex Trafficking Case
Stopped Amid COVID In Person Legal Meeting In
MCC Law Library Q
By Matthew
Russell Lee, Patreon Thread
BBC
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SDNY COURTHOUSE,
April 2 – 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, 2020
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.
On April 21,
2021, U.S. District Court for
the Southern District of New
York Judge Paul A. Engelmayer
held a conference in the
run-up to the related US v.
Rivera trial, set for June. He
inquired into the defendant's
access to Victim-1's 3500
material, on a laptop in the
MCC. Then he asked about the
US v. Andrews case, moved to
EDNY on venue and set for May
17, and about witnesses.
The Assistant US
Attorney replied that "there
will be no request for a
partially sealed courtroom."
That did happen, in the March
2020 trial - but now won't, in
June 2021.
On April 22, this
time with Rivera on the line,
Judge Engelmayer held another
proceeding, and Inner City
Press again covered it.
Rivera's counsel described an
in-person meeting on the MCC's
third floor - Judge Engelmayer
said he'd been to that area -
and asked for more time with
discovery.
Judge
Engelmayer said once he gets a
commitment for Rivera to have
20 years a week in the MCC law
library, he'll have the laptop
moved there.
Rivera,
speaking for himself, pointed
out that the law library is
closed after three or four in
the afternoon during the
weekend, and closed all
weekend. Judge Engelmayer
called it a good point. The
trial is set for five and a
half weeks. Watch this site.
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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