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SDNY COURTHOUSE, April 29 – When Larry Ray was arraigned on charges of sexual exploitation, prostitution, forced labor and money laundering on February 12, 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 29 SDNY Judge Lewis J. Liman held a video conference, at which he intended to set a trial date in November. But it emerged that there are review of discovery issues, so he set a motion schedule and asked the parties to think about a bench and not jury trial. This are Coronavirus times. Here's Inner City Press' coverage:

Asst US Attorney Sassoon says US will mostly have completed discovery production by May 5, contingent on cracking the iPhones.  Waiting on an FBI report on that, will update the court.

Ray is still represented by a Federal Defender - paying? - who agrees.

 As Federal Defender proceeds, it becomes clear was only agreeing about May 5 - in fact, 80% of discovery is still due, "dwarfing" that has been given over. FD may seek to suppress cell site data as to where Ray was, when

 FD says US has entered a restraining order against Ray access his GoDaddy - ironic, that - account, says may challenge that. Judge Liman: I'd like to set a trial date today. FD: US is giving us a huge "non-sensitive" discovery, which will require a computer.

 FD: We are too early in the process to say when we will review with Ray and filing motion. In the MCC, discovery cannot be reviewed. I'd suggest setting another conference date in a month or two.

 Judge Liman: Ms Sassoon, when will the defendant be able to review discovery in the MCC? Sassoon: I am providing discovery in paper form so he doesn't need a computer or the law library. It's more difficult how to review the sensitive material.

 AUSA Sassoon: I'm comfortable with a conference in a month's time. Judge Liman: When trials start again, there's going to be a backlog. This trial will take weeks. So I'd like to set a date, far out. I have in mind November 30

FD Marne Lenox: Respectfully I would ask for far more time than that. This timing is impossible with [COVID] crisis ongoing. In a month or two we'll know more about how the pandemic is evolving. Judge
Liman: Give me one moment to think about this. AUSA just. keeps. talking.

 Judge Liman: I'm thinking of place-holder dates. Let me look at the calendar --

 FD: Let me say one more thing about the discovery. The five tranches of discovery so far are 2.6 terabytes, 423 audio files, million pages. They have asked us for drives of 12 more TB

 FD: We have not had a sit-down meeting with Mr. Ray in well over 6 weeks. It's too early  for place-holders. Judge Liman: Ms. Sassoon, I'm going to ask you to identify for defense the most significant parts of the discovery, including exculpatory. Understood?

AUSA Sassoon: The amount of emails that are responsive in large. We'll review later what we might use at trial. But we're not ready to provide that. Judge Liman: So when will you be ready with, your words, the most salient information? AUSA: Next 2 months?

Judge Liman: Since the US is not able to identify the salient, or to say when, so I agree, no trial date, against my better instincts. I would hope to set a trial date at our next conference, with trial in January.  I do want to set a motion schedule now.

Judge Liman: September 14 for motions. Is that acceptable to the defense?  FD: OK.

Judge Liman: The US would have until Sept ... I'm trying to work with my technology to figure out dates... the 28th. Reply Oct 5, argument Oct 8.  AUSA Sassoon: I'd like 3 weeks.

 Judge Liman: OK. Oct 5 for US, Oct 13 reply. Hearing if necessary Oct 15.
FD: We need extra week.

Judge Liman: Until the 16th [of Oct]... We'll exclude time until then. [Both consent]. Ms. Lenox, can you waive client's presence?

 FD: No, I can't. Can he call in?

Judge Liman: Yes. Next conference May 29 at 3 pm.

FD: I'll check with MCC if Mr Ray can call in.

Clerk: We could do noon on the CourtCall App.

FD: Afternoons are reserved for counsel call. I wouldn't want Mr. Ray to take up one of them.

  Judge Liman: So, noon.

Judge Liman: How about dispensing with a jury trial? I'm loathe to suggest it - defendant has a right to a jury trial. But everyone's aware it's uncertain what will happen with jury trials. So just consider it, a bench trial. OK, we are adjourned. 

Previous February 26 thread here.

  At the time, Ray had still not found his own lawyer, and the free Federal Defenders had not been appointed.

 In April 2020, Federal Defenders are trying again to get Ray released, citing COVID-19, see below. At first the hearing was set for April 22, then late on April 21 this: "Set/Reset Hearings as to Lawrence Ray: Status Conference set for 4/29/2020 at 10:30 AM by Videoconference before Judge Lewis J. Liman. (mf)"

  Video is better than phone. But as Inner City Press has repeatedly asked, as the SDNY moves to video why are the Press and public limited to phoning in? Perhaps it's Judge Liman who will solve this, by allowing video access. On April 21 he played by the book and adjourned an FLSA case against a chicken market to avoid ex parte contact. This issue, of press and public access to the visuals of what goes on in legal proceedings, is important. Watch this site.

 From the FDs' plea: "In light of the novel coronavirus, the following conditions will reasonably assure Mr. Ray’s appearance in court and the safety of the community: 1. A personal recognizance bond in the amount of $100,000, to be signed by Mr. Ray and two financially responsible persons... Home detention at Mr. Ray’s birth father’s home in Staten Island enforced by electronic monitoring; 6. Access to a phone and computer with the following restrictions: (i) computer to be used only for work-related purposes and to review discovery in this case; (ii) phone to be used only to make and receive calls to and from defense counsel and phone numbers agreed to by the Government... On February 11, 2020, Mr. Ray was arrested for allegations stemming from a salacious April 2019 New York Magazine article.  That day, he was presented on an Indictment before Magistrate Judge Robert W. Lehrburger and represented by the Federal Defenders of New York, Inc. Mr. Ray reserved his bail application without prejudice to make a motion at a later date. The following day, Mr. Ray appeared before Your Honor for arraignment on the Indictment and entered a plea of not guilty. On February 26, 2020, the Court held a status conference. During the conference, defense counsel raised concerns about the lack of medical care afforded to Mr. Ray at the Metropolitan Correctional Center. Counsel requested that the Court issue a medical order mandating that Mr. Ray receive appropriate care for any and all medical concerns that arise while Mr. Ray is incarcerated, noting that Mr. Ray is diabetic. The Court declined to issue such a broad medical order. Instead, the Court issued an order directing the MCC to provide Mr. Ray with medical attention and treatment for diabetes."  Watch this site. 

 On March 2 Ray, now required to pay Federal Defenders for representing him - and what rate is not yet cleared - argued for but was denied release on bail. Federal Defender Marni Lenox said that Ray's history of orders of protection were due to the ugly child custody dispute; Assistant US Attorney Danielle Sassoon reminded Magistrate Judge Fox that it was in connection of "abducting" his 17 year old daughter.

 Judge Fox inquired into how the government can link ledges about prostitution and sex trafficking earnings to Ray. AUSA Sassoon said Ray used women to do his banking and carried around a backpack of cash, as well as his stable of Go Daddy domain names. Inner City Press live tweeted thread here.

  Ultimately Judge Fox said there were not conditions that could guarantee the safety of the community or people on it, and Ray's return to face trial. Now, how much will he have to pay Federal Defenders, from his domain name business?

   Assistant US Attorney Lindsey Keenan rattled off things found in his storage locker, including "44 hard drives, 37 cell phones, 5 laptop, 4 Palm Pilots, 27 memory cards, 70 CDs, 7 recorders and a polygraph machine." Polygraph?

  Federal Defender Marni Lenox was for an open ended medical order. Judge Liman agreed only to list diabetes, absent more specifics. Their protective order is due in a week's time, if Federal Defenders are appointed. Is Ray poor enough? Recently in the Magistrates Court Inner City Press reported on a money laundering suspect with a $600,000 house getting a free lawyer - from Milkbank, no less. More on Patreon here.

  The February 26 sputtered out thusly: "Judge Liman: I'll direct that all discovery be complete in 10 weeks. I'm not setting a deadline for motions, but what more information do you need?

Federal Defender Lenox: We want to see the vast majority of the discovery before deciding.

 Judge Liman: You'd wait on a good motion to suppress? I'm skeptical. At the next conference I'll set a schedule. Let me set that date, and entertain an application for the exclusion of time under the Speedy Trial Act. Let's have the protective order by next week

Judge Liman: Next conference March 19 at 2pm. At that conference I'll set a date for motion. Ms Sassoon, do you have a sense how long a trial will take?

A: We'd estimate 3 weeks.

Judge Liman: I do 4 days a week. I might start taking about a trial date on March 19.

 AUSA: We move to exclude time under the Speedy Trial Act. Judge Liman: Based on no objection and my own assessment, I exclude time.

AUSA Sassoon: Just for the record, I'm Ms Sassoon, I know it's confusing, we both have glasses. Judge: OK. About that medical order

 Federal Defender: Can you email them about medical care? Judge Liman: Do you need me to specify which time of medical attention he needs?
FD: No... He's diabetic and there are other medical issues not being adequately addressed.
FD: OK, just the diabetes for now. Judge Liman: Ms Keenan? AUSA Keenan: No objection. Judge Liman: OK, have a good afternoon."

  Judge Lewis J. Liman after Ray pled not guilty asked Assistant US Attorney Danielle Sassoon to summarize the discovery in the case. She mentioned electronic devices seized at Ray's New Jersey home. She said some belonged to victims and that Ray has made them shoot sexual explicit video on them - then seized them for purposes of extortion.

  Now some serious review and editing, and a protective order, would be required before the contents of the devises are released to Ray. Judge Liman set the next conference for February 26 at 3 pm. Inner City Press will be there. More on Patreon here.

 The charges are serious and again had some in the court, many apparently students, shaking their heads: "extortion, sex trafficking, and forced labor.  As alleged in the indictment, RAY used physical and psychological threats and coercion to indoctrinate and exploit a group of college students in Westchester County as well as other victims.  RAY extorted approximately $1 million from at least five victims; forced certain victims to perform unpaid labor; and caused, through force, fraud, and coercion, at least one victim to engage in commercial sex acts.  He laundered the proceeds of his crimes through an internet domain business.  RAY committed these offenses in locations including Westchester County, New York, and New York, New York, as well as Pinehurst, North Carolina."  

The case has been assigned to new SDNY Judge Lewis J. Liman; Inner City Press will follow it. It is US v. Ray, 20-cr-110 (Liman).

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