| Drugs and
Gun Trial in SDNY Delayed Then Rakim Brown
Pled Guilty Now Fatico Held
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
August 9 – Rakim Brown has
been detained awaiting trial
on drug and gun charges. Now
he has pleaded guilty.
On
February 8, 2021 U.S. District
Court for the Southern
District of New York Judge
Sidney H. Stein held a
proceeding about Brown's
access to discovery. Inner
City Press covered it.
On April
5, 2021 Judge Stein held
another proceeding. Brown's
defense attorney has left a
law firm to start her own.
There were multiple references
to bandwidth (with the
prosecutor citing the US v.
Calk case and the defense US
v. Donziger, both of which
Inner City press is covering).
The trial date here was moved
from July to August, on
consent.
On June
11, this: "ORDER as to Rakim
Brown: IT IS HEREBY ORDERED
that the trial of this matter
is scheduled for September 13,
2021."
But it was
pushed back: the trial to
March 7, 2022 and the
suppression hearing was
ongoing on February 22, 2022.
Inner City Press was there.
The
Assistant US Attorney asked
Brown if as he said he had
consulted an attorney about
suing for a prior arrest. Yes
was the answer, and then a
series of objections. At the
end Brown's lawyer said he
hadn't eaten all day, but
handing a Nutter Butter
sandwich was not immediately
possible. The Marshals
indicated there was food
downstairs.
On February 25,
exhibits for the suppression
hearing were agreed to,
ranging from Photo of 183rd
Street (Sammy's and Smoothie
Shop) to "Crack Under Couch."
On March 3, this:
"Defendant's attorney makes an
application that her client
wishes to withdraw his
previously entered plea of not
guilty and enter a plea of
guilty to Counts One and Five
in the (S4) Indictment.
Defendant sworn, allocution
begins. The defendant pleads
GUILTY to Counts One and Five
in the (S4) Indictment. The
Court accepts the guilty plea.
The sentencing is scheduled
for June 6, 2022. Defendant
remains in custody."
The sentencing
did not take place then. Now,
on July 1, a Fatico hearing
has been ordered: "ORDER as to
Rakim Brown: The Court is in
receipt of the government's
letter requesting a Fatica
hearing [Doc. No. 206], IT IS
HEREBY ORDERED that: 1. There
will be a Fatico hearing on
August 9, 2022, at 11:00 a.m.;
2. Defendant's sentencing
submissions are due by
September 9, 2022; 3. The
government's submissions are
due by September 16, 2022; and
4. The sentencing is adjourned
to September 29, 2022, at 11
:00 a.m."
The Fatico
hearing was in fact held on
August 9, for hours. In the
witness box, accompanied by
Marshals, was Maurice Hartley,
who has his own case (with
numerous co-defendants) before
Judge Engelmayer. Rakim
Brown's lawyer asked him about
a number of them by name and
if he knew they had
cooperation agreements.
The AUSA
objected, and suggested that
the transcript be sealed. But
it was in open court. At the
end, Judge Stein asked the
AUSA why they'd spent all day
on this. More extensive
answers will be allowed in the
pre-sentencing memos, with the
sentencing seemingly delayed
due to an unrelated white
collar case in Camden NJ
Federal Court.
Inner City
Press will continue to report
on this case.
It is US v.
Brown, 19-cr-513 (Stein)
***
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