| Coronavirus Motion for Release From
MCC In Sex Traffic Case Inner City Press
Fought To Cover
By Matthew
Russell Lee, Exclusive Patreon
BBC
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SDNY COURTHOUSE,
March 29 – In the sex
trafficking trial of US v.
Carl Andrews that Inner City
Press has been reporting
on despite a partially sealed
courtroom and US Attorney for
the SDNY withholding of
exhibits, the defense on March
14 asked for a stay of the
trial.
The reason?
Coronavirus COVID-19.
And now on
March 29 a motion was been
filed with Judge Paul A.
Engelamayer to release one of
the co-defendants in the case:
"Re: United States v. Dwayne
Conley Dkt. No.
19-Cr-131 (PAE) Bail
Application Dear Judge
Engelmayer: This is a bail
application for Dwayne Anthony
Conley made in light of the
COVID-19 pandemic. The Court
should release Mr. Conley
under the condition of home
incarceration as described
below. Mr. Conley, 51, suffers
from diabetes, high blood
pressure, hypertension, and
asthma. A portion of one of
his lungs was removed several
years ago after he was
stabbed. Mr. Conley is
detained at the MCC where
numerous inmates have been
exposed to the COVID19 virus.
These illnesses place him at a
high risk for infection and
serious illness, and perhaps
death. On Friday I received an
email from the Federal
Defenders informing me that
the MCC has classified Mr.
Conley “as high-risk with
respect to his vulnerability
to COVID-19.” I do not have
access to Mr. Conley’ medical
records from MCC, but attach
as Exhibit A an excerpt of Mr.
Conley’s medical from another
institution documenting his
diabetes, hypertension,
asthma, and the surgery on his
lungs. This type of heightened
vulnerability to COVID-19, and
the recognition by the Bureau
of Prisons itself of the
special danger the virus poses
to detained and incarcerated
inmates, has caused an
increasing number of judges to
release defendants who were
previously detained.1 The
media reported today the death
of the first federal prisoner
from COVID-19." Watch this
site.
On the
morning on March 17 Inner City
Press went to SDNY Judge Paul
A. Engelmayer's courtroom to
see how he would rule. But the
door was locked. There had
been a conference on March 16,
of which no public notice had
been given, and the trial had
been stayed.
Now on
March 26, defense lawyer Ezra
Spilke has written to Judge
Engelmayer asking for a
mistrial: "the juror's
attention, like that of the
rest of us, is no doubt on
their families... We have
communicated with Mr. Andrews
who consent to this
application." Watch this site.
In a
response filed past 9 pm on
March 14, Assistant US
Attorney Daniel Wolf had in a
footnote revealed that
"earlier today a Special Agent
of the Office was informed
that he tested positive for
COVID-19." Filing and more on
Patreon here.
Beyond the impact
on the already partially
sealed trial, how might this
impact the US Attorney's
Office other cases and (lack
of) transparency in the SDNY?
Inner City Press is on the
case.
As
Inner City Press reported,
Chief Judge Colleen McMahon
ordered that while
upcoming trials should
be postponed at least through
April 27, already underway
trials would continue.
Now this - while the US
Attorney's Office Press Office
did not, respond to Inner City
Press' written request for the
exhibit that Judge Paul A.
Engelmayer ruled Inner City
Press should get.
Past 9 pm
on March 14, Assistant US
Attorney Daniel Wolf replied
opposing any stay,
acknowledging the positive
test of a US Attorney's Office
security officer about whom
the US Attorney's Office Press
Office refused to answer Inner
City Press' question on March
13 - and revealing that a
Special Agent has tested
positive: "The U.S. Attorney’s
Office for the Southern
District of New York learned
last Thursday that a special
security officer (“SSO”)
assigned to the Office tested
positive for COVID-19, and
earlier today a Special Agent
of the Office was informed
that he tested positive for
COVID-19. Those assigned to
the trial team for the
Government have not had any
known contact with the SSO or
Special Agent, and common
areas at the Office have
undergone sustained deep
cleaning and sterilization in
recent days. For the avoidance
of doubt, no one on the trial
team for the Government is
exhibiting any symptoms
associated with COVID-19... As
a result of the Chief Judge’s
Order, there will be
substantially fewer people
present in the Courthouse this
week. Finally, the Government
opposes any additional voir
dire relating to jurors’
specific views of COVID-19.
The jurors have already been
asked to commit to being
impartial and taken an oath
expressing that commitment. In
addition, the Court has made
abundantly clear to the
parties and jurors its
attention to the risks of
COVID-19 and no juror has
expressed any concern. There
is no reason to take measures
beyond those that have already
been taken. For all of these
reasons, the Government
opposes the defendant’s
request for a stay or, in the
alternative, additional voir
dire." We'll have more on
this.
***
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