In Other Media-eg New Statesman, AJE, FP, Georgia, NYT,  Azerbaijan, CSM Click here to contact us     .

By Matthew Russell Lee, Patreon Podcast
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, March 4 – When Larry Ray was arraigned on charges of sexual exploitation, prostitution, forced labor and money laundering on February 12, 2020 he was wearing prison blues and still had a Federal Defender, but no financial affidavit to have FD appointed. Twitter theadette; More on Patreon here. 

  On April 28, 2021, there was a suppression hearing about his arrest and questioning. Inner City Press live tweeted it here and below.

 On December 22 Ray's Federal Defenders requested a jury questionnaire citing adverse publicity "not only in traditional media outlets." But the next sections contains redactions, after the words "Community Bookstore live, and apparently of a URL, because it contains a name. But how then is it confidential?

  On February 4, the Federal Defenders wrote to Judge Lewis J. Liman that "the attorney client relationship between Mr. Ray and his defense team has irreparably broken down... Mr. Ray requests that the Court appoint new counsel." This was heard on February 10, without the previously available call-in line (unlike a February 4 Coinbase oral argument on which the line was opened).

  Late on February 10 Inner City Press ran up to Courtroom 15C and asked if the change of counsel had occurred. No, was the answer. And soon in the docket was a schedule: Giglio meterial by Feb 10, requests to charge Feb 25, FPTC March 1 at 11 am (no call in?) and trial March 8 (natch).

On February 28, this: "ORDER as to Lawrence Ray. The Court is in receipt of a letter from the Government, dated February 24, 2022, requesting that certain alleged victims in this case previously referred to as Jane Doe 1, Jane Doe 2, Jane Doe 3, and John Doe and a relative of alleged victims be permitted to testify using only their first names." Inner City Press reported it and noted, Echoes of the Ghislaine Maxwell fiasco.

Now this, from Ray's Federal Defenders: "We write in response to the governments letter of February 24, 2022 seeking a Court order permitting five prosecution witnesses to testify using only their first names at Mr. Rays upcoming trial. This request should be denied both because it is moot and because the government cannot carry its burden to justify such an imposition on Mr. Rays (and the public's) right to a public and open trial."

  While Inner City Press always likes counsel asserting the public's right to access, it is ironic because the Federal Defenders are arguing to SDNY Judge John P. Cronan, and now the 2d Circuit, that the financial affidavit of "Dirty Doc" Cruciani should be sealed, despite Inner City Press' requests as in Avenatti and Correia, here.

On March 3, the schedule: "Jury Selection will begin on Tuesday, March 8, 2022. The Jury Trial will be held in Courtroom 24B, with an overflow room to be set up in Courtroom 15C. The Court will be in session Monday to Thursday from 9:30AM to 4:00PM and Fridays from 9:00AM to 1:00PM. A Rule 412 Motion Hearing is scheduled for Monday, March 7, 2022 at 2:00PM in Courtroom 15C before Judge Lewis J. Liman."

Now... headphones? On March 4, this: "ORDER as to Lawrence Ray. The Court has received an email from a paralegal for the United States Attorneys Office inquiring about the availability of headsets for the jurors to listen to sensitive audio. The Court will inquire into the logistics regarding making such headsets available. At the same time, the Court invites the views of the parties, to be provided to the Court by Sunday, March 6, 2022, at 5:00 p.m., regarding the legal principles it should apply in the event that there is a request to publish materials to the jurors and the parties but outside of the hearing or viewing of members of the public." Watch this site.

On February 9, the US Attorney's Office wrote in to "request that the Court conduct a thorough inquiry into the nature of the alleged breakdown... Even if the Court determines that the motion is not a delay tactic, it may nonetheless be appropriately denied." Judge Liman ordered, " Ray has not asked for the trial to be adjourned. However, it is possible that if his current counsel is permitted to withdraw and new counsel were appointed, the inevitable result would be for trial to be delayed, perhaps for a lengthy period of time. The law permits the Court to consider issues such as the Speedy Trial Act and calendar management in reviewing an application for the withdrawal of counsel and the appointment of new counsel. In addition, under the Crime Victims' Rights Act, a crime victim has the "right to proceedings free from unreasonable delay." 18 U.S.C. s 3771(a)(7). Certain individuals have been identified as alleged victims in this case. Accordingly, it is hereby ORDERED that any alleged victim who wishes to be heard on the issue of potentially delaying the trial of this matter may be heard either by letter submitted on ECF on or before 1:00 p.m. on February 10, 2022, or by appearing in person at the hearing." Watch this site.

 On January 24 for an in-person conference at 2 pm, Judge Liman issued the following order: "ORDER as to Lawrence Ray: The Court has been informed by the United States Marshals that Mr. Ray is refusing to come to Court for the previously scheduled hearing today. The hearing has long been on the calendar, and defense counsel has not submitted a request to excuse Mr. Rays presence. Accordingly, the Court has informed the United States Marshals to deliver Mr. Ray to the courthouse. If necessary, the Court will sign an order authorizing the Marshals to use force to compel his attendance. A copy of this Order will be emailed to counsel for Mr. Ray and for the government. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/24/2022)."

  Later, shortly before the scheduled hearing: "ORDER as to Lawrence Ray: The Court has received correspondence from the Government and defendant's counsel stating that they, and Mr. Ray, are prepared to proceed with today's oral argument in-person in Courtroom 15C. The Court rescinds its previous order setting this as a remote hearing and restores it back to an in-person hearing. All counsel and Mr. Ray are expected to appear in-person." Watch this site.

Back on January 6, 2022 Judge Liman held another conference; Inner City Press live tweeted here.

 On January 19, Judge Liman held a Daubert hearing which Inner City Press live tweeted here

hearing on Federal Defenders-proposed expert Joseph Pierre, who's being paid $500/hr for 20 hrs, so far.

Doctor Pierre describes his paid testimony for "sovereign citizens," acknowledged he's not a forensic psychiatrist and never interviewed Ray in person (due to COVID restrictions). Will Judge Liman let him testify?

AUSA Sassoon: You called Mr. Ray's beliefs conspiracy theories. That's not a term in the DSM, right? Dr. Pierre: Right.

AUSA Sassoon: Define delusion-like beliefs. Dr. Pierre: There's not a study. But there's agreement on what it is. [You know it when you see it?]

Dr. Pierre: There's no study saying diagnosis of a sore throat does not involve asking the patient if he or she has a sore throat?

AUSA Sassoon: Wait --

Judge: Let Doctor Pierre talk. [Pause] Or, let me ask. What's the difference between a delusion and an error?

AUSA: Can a person have delusion-like belief and follow the law? Dr. Pierre: Yes. AUSA: They don't explain violent behavior, right? Federal Defender: Objection. Judge: Sustained.

 AUSA: So Larry Ray told you he believed he had been poisoned, at the direction of Bernie Kerik? Dr. Pierre: Correct. AUSA: And that he put a lock on his fridge in New Jersey, right? Dr. Pierre: Yes, I believe it was in New Jersey.

 AUSA: Did it strike you as strange that Larry Ray continued to live with people he thought were poisoning him? Federal Defender: Objection!

Judge: Overruled. Dr. Pierre: I don't like to use the word strange. And we're back: US v. Larry Ray Daubert hearing on whether to allow Dr. Pierre is back on.

During a break, Federal Defenders have been required to provide US Attorney's Office with unredacted copy of Dr. Pierre's notes. AUSA: It was risky? Dr. Pierre: Define that.

 AUSA: And you do not know if, when these emails were written, the writer had a knife to his genitals? Dr. Pierre: I do not...  Judge: Thank you, you are excused.

 Dr. Pierre: Thanks for not making me fly out there. Arraignment on superseding indictment to follow.

Update and conclusion (for this case, for today) Arraignment will not take place - Larry Ray has not received a copy of the superseding indictment. Judge Liman adjourns the Daubert hearing.

 Watch this site.

Back on September 27, Isabella Pollak moved for a continuance (delay) or for severance, noting the third team of lawyers and this volume of discovery: 516,169 images, 1,462 documents, 1043 spreadsheets, 320 audio files, 256 video files and 277 internet files.

On October 8, the US Attorney's Office wrote to Judge Liman that "the Government objects to adjourning the joint trial for the lengthy period of time requested by Pollok [but] does not object to severing Pollok's trial from Ray's, keeping the trial of Ray scheduled for February 2022 and scheduling Pollok's trial for a later date."

But Ray opposes severing Pollok's case. On October 15 Pollok's Hastings on Hudson-based lawyer insisted on severance: "As Judge Learned Hand succinctly stated, '[n]o accused person has any recognizable legal interest in being tried with another, accused with him.' US v. Bronson, 145 F.2d 939, 943 (2d Cir. 1944 (L. Hand, J.)"

On October 18 Pollok's counsel wrote to Judge Liman asking to modify her conditions of release, so she can work overtime at Amazon, which no longer with permit any electronic devices (like GPS bracelets) on the warehouse floor. The US consents to this change.

And on October 19, Judge Liman granted the requests: "MEMO ENDORSEMENT granting [235] LETTER MOTION filed by Isabella Pollok (2), addressed to Judge Lewis J. Liman from Attorney Jill R. Shellow dated 10/18/2021 re: Request to modify conditions of pretrial release. I am writing to request respectfully two modifications to Isabella Pollok's conditions of pretrial release: (1) Ms. Pollok has a curfew from 9PM until 5AM. We respectfully request that the curfew condition be removed. (2) Ms. Pollok wears a GPS ankle bracelet. Accordingly, we respectfully request that the GPS bracelet condition be removed. ENDORSEMENT: REQUEST GRANTED. Bail modifications approved. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/19/2021)."

But what about Amazon barring any worker with a GPS bracelet, under pre-trial release (that is, presumed innocent) from working its warehouses?

On October 20, Judge Liman granted severance: "ORDER as to Lawrence Ray, Isabella Pollok. It is hereby ORDERED that the proposed schedule appearing at Dkt. No. 219, setting forth the deadlines related to expert witnesses in the case United States v. Ray, 20-cr-110-LJL-1, is APPROVED. IT IS FURTHER ORDERED that, for the reasons stated by the Court on the record at the October 19, 2021, Status Conference, the motion of Isabella Pollok for a continuance is GRANTED and the trials of Lawrence Ray and Isabella Pollok are severed, with Isabella Pollok's trial to begin on July 18, 2022."

On November 11, Veterans Day, the US Attorney's Office wrote to Judge Liman asking to push Ray's trial back to February 22, to enable it to produce 3500 / Giglio material on month in advance of trial. 

On November 19 Pollok filed a motion to suppress all statements she made upon arrest. She says, "At 6 am on February 11, 2020 Ms. Pollak awoke to banging and people shouting FBI." Then statements without Miranda warnings. What will Judge Liman do? Watch this site.

The case is US v. Ray, 20-cr-110 (Liman).

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2022 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com for