In
SDNY Bazemore Seeking To
Withdraw Plea to Sex
Trafficking Poises For 4th
Lawyer
By Matthew
Russell Lee, Patreon
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
July 25 – William Bazemore
accompanied by his then
attorney Bennett M. Epstein
entered a plea of guilty to
sex trafficking on October 28,
2019 at 2 pm before Judge
Analisa Torres of the U.S.
District Court for the
Southern District of New York.
Then at 4:30 pm that day Judge
Torres received a letter
Bazemore had mailed on October
24 seeking to fire Epstein,
stating that he was being
pushed into pleading guilty.
On
November 4 Judge Torres
convened in her courtroom
among others Bazemore, in
custody, Epstein and the
Criminal Justice Act lawyer on
duty for the day. She asked
Bazemore if he wanted to
relieve Epstein of duty and a
new lawyer.
Bazemore said yes, explaining
that he has intimidated or
nervous during his October 28
allocution. Judge Torres
assigned him a new lawyer but
said that even if she grants
his anticipated application to
withdraw his plea, she will
not move the trial date.
I
did not want to get off the
wrong foot with you, Bazemore
said. Judge Torres
said that he was not, that "I
love doing trials" and that
she's done hundreds of them.
On July 23,
2020 Bazemore appeared before
Judge Torres again, albeit by
CourtCall. Inner City Press
covered it.
Bazemore
wanted to fire his new lawyer,
Meredith Heller. Ms. Heller
spoke, saying perhaps she
could have stayed more in
touch with Bazemore.
Judge Torres did
a one on one break-out with
Bazemore, and returned to rule
that his "request for
reassignment of counsel is
denied." She directed that
Meredith Heller submitted a
letter on July 24 "concerning
the Court's question regarding
representation."
Late on
July 24, Heller filed that
another lawyer should be
appointed for a hearing: "RE:
United States v. William
Bazemore 19-cr-006 (AT) Dear
Judge Torres, This letter is
submitted per the Court’s
request to address whether I
should represent Mr. Bazemore
at a hearing to determine what
he was told by previous
counsel regarding the terms of
his plea agreement. After
considering the issue, I think
it would be appropriate, in an
abundance of caution, to
appoint independent counsel
for Mr. Bazemore, solely for
purposes of the hearing. I
respectfully request that the
Court appoint counsel for Mr.
Bazemore at this time due to a
potential conflict and to
ensure that Mr. Bazemore
receives impartial counsel. An
attorney suffers from a
potential conflict when the
“interests of the defendant
may place the attorney under
inconsistent duties at some
time in the future.” United
States v. Perez, 325 F.3d 115,
125 (2d. Cir. 2003) (quotation
marks omitted). An attorney
has an actual conflict “when,
during the course of the
representation, the attorney’s
and defendant’s interests
diverge with respect to a
material factual or legal
issue or to a course of
action.” United States v.
Schwarz, 283 F.3d 76, 91 (2d
Cir. 2002) (quotation marks
omitted). While unlikely, a
potential conflict of interest
exists between Mr. Bazemore
and me because of the
possibility that I may be
called as a fact witness,
either by Mr. Bazemore or his
prior counsel. Any testimony I
may give would be on the sole
significant contested fact
issue – what Mr. Bazemore
understood from his prior
counsel and what his prior
counsel believed they had
explained. While the proposed
hearing does not involve a
jury, obviously, I believe
that the Court’s appointment
of counsel for the hearing
will ensure that Mr. Bazemore
has unconflicted counsel. This
is especially important
considering that Mr. Bazemore
has raised numerous concerns
about his prior counsels’
impartiality and advice.
Hopefully, stepping back in
this proceeding will enable me
to continue as Mr. Bazemore’s
counsel during the
continuation of his criminal
case. Appointing independent
counsel for this issue may be
the best way to ensure that
the criminal case’s delay will
be brief." How will Judge
Torres rule? Watch this site.
The US Attorney's Office had
put out a press release about
Bazemore's plea, including
that "BAZEMORE and other
members and associates of the
Organization used force and
coercion to cause a female
drug customer (“Victim-1”) to
engage in commercial sex for
their financial gain, and took
actions to prevent Victim-1
and others from cooperating
with law enforcement against
the Organization."
On November 4, the Assistant
US Attorney said they reserve
the right to oppose the
application, and that if the
plea is withdrawn, the plea
offer may not stand. The case
is US v. Bazemore, 19-cr-00006
(Torres).
***
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