| Lorraine Shanley Stole
$400000 From NYPD Widows Will Remain in
Danbury FCI
By Matthew
Russell Lee, Patreon, Thread
SDNY COURTHOUSE,
April 10 -- Lorraine Shanley
stole $400,000 from a
foundation for the families of
New York City Police
Department officers killed in
the line of duty. Then she got
a plea deal for 27 to 33
months, said in court in
September that she had gotten
permission to take the money
and refused to answer the
Press on her way out as to
where she claimed to have
gotten approval. Periscope
video here.
On January
14 Shanley was sentenced to
two years in prison by U.S.
District Court for the
Southern District of New York
Judge Sidney H. Stein for bank
fraud and subscribing to false
and fraudulent individual
income tax returns. She began
serving her sentence in
Danbury FCI on March 10.
Less than
a month into her sentence,
Shanley has asked Judge Stein
to release her "to home
detention until this
[COVID-19] pandemic is over."
A hearing
was held on April 10 at 4 pm.
Inner City Press live tweeted
it, here,
as Shanley's lawyer Nalley
told SDNY Judge Stein Danbury
FCI was running out of her
medication. Now it seems
that's not the case.
Judge Stein:
"That makes the analysis a
little more straight forward.
Is she on the BOP's high risk
list?" AUSA Kalikow: I do not
know.
Judge Stein: I
believe AG Barr's memo
mentioned three facilities has
having substantial issues.
What can you tell me, Mr.
Kalikow? AUSA Kalikow: We are
not in as much contact with
Danbury as we'd like. As of
yesterday, 34 inmates and 12
staff have tested positive
AUSA Kalikow: The
portions of the prison for
female inmates are different
than those for males.
Judge Stein: I had not thought
of the distinction between the
two. Please get me the info.
Mr. Nalley, you are asking for
temporary release - under what
authority?
Shanley's lawyer
Nalley: I could not find any
legal authority. Judge Stein:
What about exhaustion of
remedies? Nalley: I'm looking
for temporary release. Judge
Stein: But you have no legal
basis? Nalley: No.
AUSA Kalikow:
There are only limited ways to
modify a sentence - like, a
technical error, or compassion
release under the rules,
including the 3d Circuit case,
or substantial assistance. So
it is our position the Court
cannot amend the sentence.
Judge Stein: Mr.
Nalley, you are not providing
me with authority to release
her temporarily. I am going to
rule that the application for
temporary release is denied.
I'll get an order out to that
effect.... You could apply to
BOP for compassionate release.
But on the record as it exists
now, I would not be inclined
to grant compassionate
release. If the COVID
situation changes radically,
that could change. Anything
else? Stay safe. Bye now
Earlier on April
10 SDNY Judge John G. Koetlt
declined to release pre-trial
detainee
Marvin
Gamoneda from
the MCC, story
here.
SDNY Judge
Ronnie Abrams
declined to
release
pre-trial
detainee
Lequan Eley,
thread here,
story to come.
And watch
Twitter and
this site
about the
Shanley
hearing.
Back on
September 20 it was a routine
change of plea agreement until
Shanley began to justify her
actions, usually a no-no when
pleading guilty. She said it
had been approved, and that
the money was for her own kids
including a grandson with
problems.
But on the
way out her lawyer said "no
comment." Inner City Press
asked Shanley directly, Who
gave you approval, according
to you?
"I said we
have no comment," the lawyer
said, remaining silent on the
elevator down to the lobby.
Inner City Press asked again
on the way to Foley Square, as
Shanley walked away in the
sunlight next to the Climate
Strike protest. And now,
two years. And, from Elizabeth
Williams, to Inner City Press
with permission:
Previously
before Judge Stein: a man
convicted of seeking sex with
what he was told was a 12 year
old girl, and who repeatedly
turned down a five year
minimum plea deal offered by
the U.S. Attorney for the
Southern District of New York,
was convicted by the jury on
September 11 of attempted
enticement of a child.
It would
appear he should have taken
the deal.
The
defendant Muhammed Waqar will
be sentenced on October 23
with a 10 year mandatory
minimum. But on September 11
the government argued for
immediate remand to detention,
even pending sentencing.
A senior
Assistant US Attorney showed
up in the back of the
courtroom on the bench next to
Inner City Press; he send
something by phone to the AUSA
at the front table. They
argued that remand was
mandatory under 18 USC
3143(2).
That
tracks to another section,
3142(f)(1)(B) which does seem
to make remand required for
cases involving possible life
sentences. But
SDNY Judge
Sidney H.
Stein,
helping Waqar's lawyer,
pointed to Section 3145,
allowing for release in
exceptional circumstances. And
what might those be?
Waqar has
been working in a Dunkin
Donuts. He has a wife and a
young child. The government
said these are not exceptional
circumstances. Judge Stein,
showing mercy, said that and
Waqar's heretofore justice
system-less life made the
case. He expedited sentencing,
and surrender, to October 23.
He emphasized to Waqar if he
tries to flee it will be
catestrophic. He left the
courtroom. More on Patreon here.
Out on the
23rd floor hallway, the San
Genaro festival on Mulberry
Street could be seen. Waqar
smiled; her relatives still
looked stern. The senior AUSA
was down on the 8th floor
using his cell phone to make
more plans. Inner City Press
returned to the SDNY Press
Room to write this story.
Inner
City Press
will have more
on this - see
also @InnerCityPress
and the new @SDNYLIVE.
***
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