| After Ernest Murphy Got
260 Months Sumpter Wants 2 Months Delay Due
To Coronavirus
By Matthew
Russell Lee, @SDNYLIVE
SDNY COURTHOUSE,
March 15 -- A jury returned
guilty verdicts on drugs and
gun charges on August 20, 2019
against Ernest Murphy, one of
15 defendants in a
Brooklyn-based narcotics
conspiracy case brought by the
U.S. Attorney for the Southern
District of New York. Now a
co-defendants sentencing is
asked to be delayed two months
due to Coronavirus and the
Bureau of Prisons' response,
see below.
It
came after some electronic and
laboratory evidence was
suppressed by Circuit Judge
Richard J. Sullivan, who
rather than re-assigning has
kept many of his criminal
cases in the SDNY.
Now on
March 15, this has been sent
to Judge Sullivan: "I write to
request an adjournment of
Tyrell Sumpter’s sentencing
which is currently scheduled
for March 25, 2020. I have
been unable to meet with Mr.
Sumpter to prepare for
sentencing for more than two
weeks. As the Court is
undoubtedly aware, MCC was
locked down and not permitting
legal visits for most of that
time. After legal visits
resumed, I attempted to see
Mr. Sumpter and learned that
he had been transferred to MDC
in Brooklyn. I had planned to
meet with him yesterday,
Saturday, but on Friday, March
13, 2020 the Bureau of Prisons
instituted a thirty day
nationwide cancellation of all
visits due to the coronavirus.
At this time, I do not
anticipated requesting a
Fatico hearing related to Mr.
Sumpter’s sentencing. However,
I seek an adjournment of Mr.
Sumpter’s sentence to a date
in mid to late May, 2020. Once
counsel visits resume I must
have sufficient time to meet
with Mr. Sumpter and prepared
for sentence. At this point,
we do not know whether the BOP
will deem it safe to resume
counsel visits in thirty days.
The government, by
Matthew Hellman, Esq.,
consents to this
application. Therefore,
I request an adjournment of
Mr. Sumpter’s sentence to a
date in mid to late May,
2020.
Respectfully, Lisa
Scolari." Watch this site.
On March 3
the first-named defendant in
the case Tyshawn Burgess came
up for sentencing and Inner
City Press which alone covered
the trial went to cover it.
But the sentencing was
postponed for a Fatico
hearing. Before he adjourned
it, Judge Sullivan told
Burgess in his orange WCDOC
shirt that others in the case,
he says given serious time:
Bayer 108 months, Felix 160
months, Robinson 126 months,
Murphy himself 260 months (see
below), Wilson 180 months.
But now
there will be a Fatico
hearing, and Inner City Press
hopes to be there. Judge
Sullivan is right that
transparency is important, and
it is appreciated. Here's the
Minute Entry: "proceedings
held before Judge Richard J.
Sullivan: Status
conference/Sentencing held on
3/3/2020. Defendant, in
custody, present with
attorneys Lorraine Gauli-Rufo
and Samuel Coe. AUSA Karin
Portlock present with Brittany
Raffa (ATF) and James Miles
(NYPD Det.) Court reporter
present. The Court adjourned
the sentencing and ordered the
parties to appear for a Fatico
hearing. The Court ordered the
government to submit a letter
no later than Wednesday, March
10, 2020, advising the Court
of counsel's availability for
such hearing, the government's
expected witnesses and
exhibits, and whether any of
Defendant's co-defendants
require the Court to resolve
similar disputes. The Court
will set a date for the Fatico
hearing by separate order. "
Watch this site.
Back on
February 13, 2020, Judge
Sullivan sentenced Ernest
Murphy. In the gallery of his
mobile courtroom now 11B were
six Murphy supporters, and
independent Inner City Press.
Judge Sullivan was rigorous,
demanding that Assistant US
Attorney Matthew Hellman
justify his count of weight of
heroin and of crack.
In a two
hour proceeding, Sullivan
sentenced Ernest Murphy to 260
in prison: 200 months on Count
1 (lower than the government
requested), and 60 more months
to run consecutive on Count 2.
Judge Sullivan urged Murphy to
get R-DAP drug rehab and job
training and warned his "iPad
and laptop" may be searched --
all this in more than 20 years
when he gets out. What will be
the technology then? Inner
City Press will stay on this.
Murphy's
two Criminal Justice Act
lawyers, Patrick Joyce and
Robert Moore, present again on
February 13, had complained to
Judge Sullivan on the eve of
trial that they had only then
been given 16 gigabytes of
audio and video recordings and
lab tests on crack cocaine.
Rather
than delay the trial, Judge
Sullivan ordered much of it
suppressed. During the five
day trial the government still
had a number of NYPD lab
technicians testimony, and
played wiretaps of cell phone
calls and calls from Riker's
Island, whose location in The
Bronx was cited as a basis for
venue in the SDNY.
In the
intercepted calls, there was
discussion of cooking,
packaging and selling crack
cocaine. Several times
reference was made to bringing
firearms to protect turf. A
government slang expert
witness said that "Shaquille"
jersey meant .32 caliber
pistol.
After the
jury got the case, they asked
to examine the drugs. Judge
Sullivan declined to send the
crack and ecstacy pills into
the jury room. Instead the
juror came out and passed them
hand to hand, in evidence
bags, in the jury box.
On the
second day of deliberations
the jury through the Court
Security Officer passed a note
that they wanted all audio
recordings and transcripts.
Judge Sullivan sent them in a
thumb drive and three binders,
as well as a menu to order
lunch.
But barely
an hour later, the jury
returned with its guilty
verdicts. The case is US
v. Ernest Murphy,
18-cr-373 (Sullivan).
***
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