SDNY COURTHOUSE,
March 14 – 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 March
9, 2022, the jury for Larry
Ray was picked, by his five
Federal Defenders and three
prosecutors, on the robing
room of Judge Lewis J. Liman.
Inner City Press live tweeted,
thread here
(podcast here)
On March 10 Inner
City Press live
tweeted the
opening
statements, here
(podcast here)
Then the first
substantive witness, live
tweeted here.
On Day 2 of the
trial, March 11, Santos
Rosario continued on direct
examination, Inner City Press
live tweeted it here
(morning vlog here)
On Day 3 of the
trial, March 14, Santo Rosario
finished his direct and the
cross began. Inner City Press
live-tweeted here
(morning vlog here)
Larry Ray trial,
Day 3; Santos Rosario still on
direct amid word that Hulu
will be filing a motion to
quash.
Assistant US
Attorney: What we heard last
week, was that the only time
Larry Ray hit you with a
hammer?
Santos Rosario:
No. AUSA: What was Larry Ray
accusing you of? Santos
Rosario: Of listing his
address as offering mental
health services.
AUSA: Why
did you send Larry Ray
pictures of your journal?
Santos Rosario: He told me to.
AUSA: Please read
this entry.
Santos Rosario:
"I was supposed to give ricin
to Talia." AUSA: And read this
one. Santos Rosario: "Bernie
Kerik came by the house... I
was there with Mashitza."
AUSA: Did Bernie
Kerik come by your house?
Santos Rosario: No. AUSA:
Where did you learned the name
Bernie Kerik? Santos Rosario:
From Larry.
AUSA: Where
did you store your journals?
Santos Rosario: Later I gave
them all to Larry. AUSA: Why?
Santos Rosario: Larry
suggested it. [Now video
shown, Santos Rosario on
couch, crying, with big toe in
view - Larry's? - and Isabella
walking through. Troubling.]
[In video:
Larry Ray is grilling Santos.
Santos is flipping through a
notebook, presumably his
diary, as if looking for
answers. He is crying.] AUSA:
What did the defendant suggest
you could do to make up for
poisoning him? Santos: Paying
him back with money.
AUSA: What
was your understanding of how
Claudia Drury made money for
Larry? Santos Rosario:
Prostitution. I would like up
several thousands of dollars.
AUSA: Did Larry Ray tell you
to have sex with Claudia
Drury? Santos: Yes. In a hotel
she was staying in.
AUSA: Where
was Larry Ray while this
happened? Santos Rosario:
Right next door. AUSA: How did
it make you feel, when Larry
Ray told Claudia Drury to
perform oral sex on you?
[Programming note: DOJ will be
putting on Claudia Drury as a
witness later this week]
[Video
shown of white board with
Q&A on it. Q Would you
kill to not got to jail?
Answer: Yes -SJR, Santos'
initials] AUSA: Where was this
white board? Santos Rosario:
In the apartment [on E 93 St]
AUSA: What was
the defendant's reaction to
the magazine article? Santos
Rosario: Outrage. He said it
was all lies. [Audio played,
with ghoulish female laughter]
AUSA: How does
hearing this make you feel?
Santos Rosario, after a long
pause: Pretty bad. Judge
Liman: Is it a good time for a
break? AUSA: We have only a
bit more with this witness.
Judge Liman: Proceed.
Now Judge
Liman ruling that the NY Mag
story can be discussed, but
the title won't come in [so
jurors won't Google it?]
Defense wants to
exclude the title of the
publication. Sarah Lawrence
College president's letter is
characterized as hearsay and
prejudicial.
Now cross
examination of Santos Rosario.
Federal Defender: So you knew
Talia first, right? Santos
Rosario: Yes. FD: Talia told
you Larry was persecuted by
Bernard Kerik, correct?
Santos
Rosario: Yes. FD: You
witnessed Larry Ray being
assaulted by Frank DiTommaso
at the Hudson Hotel, correct?
Santos Rosario: Yes. [Now
grainy Hudson Hotel security
video shown to the jury.]
FD: Did we just
see DiTommaso strike Larry Ray
several times? Santos Rosario:
Yes.
[Now video is
shown of Larry Ray in bloody
purple polo shirt sprawled on
Hudson Hotel bench after
beat-down, with Santos Rosario
filming and asking, State the
date and time.] FD: So Larry's
apartment was cluttered so
things got damaged, correct?
FD: So your
sister Felicia was having
problems with her mental
health, right? Santos Rosario:
Not that I recall. FD:
You told Larry that most of
the parenting was done by your
sister, right? Santos Rosario:
Yes. FD: & it was after
that that Larry criticized
them?
Now Federal
Defenders show jury an email
to professor Marvin in which
Santos Rosario tells him he
thought of cutting or even
raping Talia, Larry Ray's
daughter.
[And what did
Sarah Lawrence College do? Will
they, like Hulu, seek to quash?
Trial continues]
Back 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).
On March 7 in
Courtroom 24B, Judge Liman
informed the parties that he
will not tell the jurors about
sexual grooming, finding it
incorporated in sexual
manipulation.
Ray's
lawyers said they'd like the
jurors unmasked, so their
faces can be seen. They cited
NYC Mayor Eric Adams on March
7 eliminating masking
requirments except on the
subway. Judge Liman said his
previous ruling requiring
masks stands.
On March 8, a
heading for March 9 at 4:30 pm
was set: "Minute Entry for
proceedings held before Judge
Lewis J. Liman: Motion Hearing
as to Lawrence Ray held on
3/7/2022. Defendant (1),
Lawrence Ray (in custody)
present with Federal Defenders
Marne Lenox, Allegra
Glashausser, Neil Kelly, and
Peggy Cross-Goldenberg. AUSAs
Danielle Sassoon, Mollie
Bracewell, and Lindsey Keenan
present. Sawyer Dean present
on behalf of Claudia Drury.
Court reporter present. The
motion for Jane Doe 1 to
testify under a pseudonym is
denied as moot. Motion to
exclude Frost testimony is
denied. Ruling on 404B is
reserved by the Court. The
Court sealed the Courtroom to
hear from parties regarding
the Rule 412 Motion regarding
Claudia Drury. A Rule 412
Motion Hearing regarding
Felicia Rosario and Claudia
Drury is scheduled for
Wednesday, March 9, 2022 at
4:30PM in Courtroom 15C."
There was
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."
The case is US v.
Ray, 20-cr-110 (Liman).
***
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