Bronx Defendant Without
Taste Is Denied Release From MCC By SDNY Judge
Failla As Danger
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
April 15 – Citing the
COVID-19 pandemic, Peter
Gonzalez on April 15 asked
U.S. District Court for the
Southern District of New York
Judge Patherine Polk Failla
for release from the MCC
jail.
His
lawyers complained they can't
reach him; Judge Failla says
she might tell SDNY Chief
Judge Colleen McMahon and
others.
Gonzelez' lawyers argued, "His
unit is supposed to receive
one clean mop head and one
shower curtain every two weeks
but this is only provided when
available... inmates do not
receive disinfectant wipes or
cleaning supplies... As
corrections officers from
other facilities were
conducted searches, inmates
were moved. Mr. Gonzalez still
has not received his property
from his prior bunk, including
clothing, food and a
radio."
Peter Gonzalez'
lawyer said his client has
since Saturday lost his sense
of taste and smell, said this
indicates a positive test
coming. He offered to have his
father pick him up from MCC in
a car, with gloves, and do all
grocery shopping for him.
The
defense lawyer complained that
for all the MCC inmates who
want to speak with their
lawyers there are only four
slots a day "under his new
procedure" [that Inner City
Press first reported on, from
SDNY Attorneys Lounge, here.]
Judge Failla asked, Does the
statement that the defendant
has lost his sense of smell
and taste change your position
on releasing him?
AUSA Jason Swergold replied,
No it doesn't, your Honor. We
ask BOP to look into
allegations like this. And we
are not recommending time
served.
Judge
Failla concluded: the
Pre-Sentencing Report gives me
concern about safety of the
community. He kept up with the
Taylor Crew despite earlier
interactions with law
enforcement. In Paragraph 51,
another shooting incident. I
am denying the request for
bail. That said, later this
morning I'll write to Nicole
McFarland at the MCC, about
medical care and access to
counsel.
Gonzalez' lawyer asked, If
further loss of taste and
smell, can I come back to you?
Judge Failla said sure. But me
speak with prison officials.
With that, this conference is
adjourned. I wish you safety
and good health. The case is
US v. Gonzalez, US cr-608
(Failla)/
***
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