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By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, Sept 13 – A multi-defendant narcotics conspiracy prosecution centered on the James Monroe Houses in The Bronx now features charges dropped due to a cooperating witness not complying with his cooperation agreement.  

 The overall case is known as US v. Spencer, et al. and Inner City Press has reported on it at every stage, here and here. 

  On August 13 two of the defendants, Price and Malik Tunstall, were shot in the Monroe Houses. Both have died and on September 13 the US Attorney's Office filed a proposed order of "nolle prosequi" - essentially, we will not continue to prosecute.

And later on September 13 it was granted: "NOLLE PROSEQUI ENTERED as to Malik Tunstall, Price Tunstall. Malik Tunstall (5) Count 1,9 and Price Tunstall (6) Count 1,9. (Signed by Judge Analisa Torres on 9/13/2021)." RIP.

 Now on March 25 the U.S. Attorney's office for the Southern District of New York has written to SDNY Judge Analisa Torres:

"In light of evidence indicating that a cooperating witness (“CW-1”) breached CW-1’s cooperation agreement, the Government has determined that it will not call CW-1 at trial in this case. The Government will provide this evidence, including notes of CW-1’s meetings with the Government, to defense counsel by April 2, 2021.

"Given the foregoing, the Government no longer intends to proceed with respect to Counts Two and Three of the 20 Cr. 78 (AT) Indictment. The Government also no longer plans to proceed on Count Nine of the Indictment with respect to Defendants Nyshiem Spencer, Shalik Jenkins, Nasir Vincent, Allan Gonzalez, and Jonell Danforth. With respect to Defendants Malik Tunstall and Price Tunstall, the Government intends to proceed on Count Nine, but without seeking findings by the jury with respect to drug weight. The Government is evaluating whether there is sufficient evidence to proceed at all with respect to Defendant Shalik Jenkins."   

We aim to have more on this.  

Earlier in the case, nearly a year ago on March 30, 2020, Inner City Press reported that Assistant US Attorney Justin Rodriguez repeatedly cited a video of which he wrote he would "arrange with the Court's Chambers for the transmission of an electronic version of the video montage, rather than a physical copy." The video was and is as of this writing not in the case's docket on PACER.    Judge Torres relied on this video is denying bond, finding a danger to the community. Minutes later, she approved a switch to CJA lawyer James Branden for co-defendant Lafone Eley."

The case is US v. Spencer, et al., 20-cr-78 (Torres)

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