Omari
Williams Was Deemed Competent Now Cuts Off
Judge, Fires CJA Lawyer, Questions
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
August 12 – Omari
Williams was arrested and
presented on October 23, 2020
and has been detained since,
amid testing. On July 28, 2021
co-defendant Tyreek James
pleaded guilty, see below. But
Omari Williams remains in the
ether.
On January
13, 2021 U.S. District Court
for the Southern District of
New York Judge John G. Koeltl
held a proceeding. Inner City
Press covered it.
Judge
Koeltl said, with initial
co-defendant Tyreek James on
the line, "Is Mr. Williams
here?"
No, was the
answer - refusing to be
produced or attend these
proceedings. On PACER, still
under the Magistrates Court
docket, there were two Orders
to Continue in the Interest of
Justice, dated November 23 and
December 23.
Where is Mr.
Williams?
Apparently, s/he
was in the Essex County jail
and wants out. His CJA lawyer
Kenneth Montgomery offered
some consent on Williams'
behalf.
Now on August 12,
2021, Ms. Omari Williams
appeared from the MDC in
Brooklyn, shouting that
Montgomery was being fired.
But the new CJA could not be
found. Then yes: Jacqueline
Cistaro. Judge Koeltl came up
and began to slowly question.
Williams said, You called me
Mister, I'm Ms.
I'm calling you
Ms., Judge Koeltl said, and
did. But Williams hung up, and
despite a request the MDC
would not force a return to
the phone.
Eventually
Williams did come back on, and
the new CJA lawyer was
appointed. Williams shouted
about a thumb drive of legal
research being stolen from him
in custody. A September 28
date at noon was selected.
Inner City Press will stay on
this case.
The
complaint, back from May, was
about a Porsche stolen from
the 13th Street garage and
driven across the George
Washington Bridge into New
Jersey.
On January
14, in advance of that, the US
Attorney's Office proposed to
Judge Koeltl an order
authorizing the US Marshals
and Essex Corrections "to use
reasonable force necessary to
remove the defendant, Omari
Williams, from his cell in the
Essex County Correctional
Facility to be arraigned."
On January 22,
force was authorized. But it
didn't work. AUSA Sam
Rothschild on January 27 wrote
to Judge Koeltl that "On
January 27 the defendant
appeared remotely for his
arraignment but before he
could be arraigned, he became
irate, hung up the phone and
left the room." So a new order
proposed and signed, included
the use of restraints.
The US has
proposed another order, for a
psychological evaluation: "the
defendant expressed a desire
to represent himself and also
made statements to the effect
that he is not psychologically
ready to deal with this
matter."
On
February 1, this: "ORDER as to
Omari Williams: During a
January 29, 2021 conference in
this matter, the defendant
expressed a desire to
represent himself and also
made statements to the effect
that he is not psychologically
ready to deal with this
matter... IT IS FURTHER
ORDERED that, if such an
evaluation cannot be performed
at the facility where the
defendant is housed, the
defendant forthwith be
designated to a suitable
facility."
On February
9 the US filed, under seal, a
"Mental Health Treatment
Summary" it received from
Essex County Correctional
Facility.
On February
19, this: "Re: United States
v. Omari Williams, 20 Cr. 701
(JGK) Dear Judge Koeltl: As
further follow up to the
Government’s letters dated
February 8, 2021 (Dkt. 32) and
February 9, 2021 (Dkt. 34),
the Government respectfully
writes to inform the Court
that, on February 19, 2021,
the Government was informed
that as a next step toward
having the defendant undergo
the psychological evaluation
ordered by the Court (Dkt.
27), the defendant was
transferred from the Essex
County Correctional Facility
to the Metropolitan
Correctional Center on
February 17, 2021. The
Government will continue to
update the Court as the
Government receives further
information."
In the
case of another SDNY
defendant, a mental evaluation
has caused him to be flow to
Cimarron Correctional Facility
in Oklahoma and from there,
who knows. Inner City Press
received this: "HORGE, ERNEST
no longer has access to the
Trust Fund Limited Inmate
Computer System; therefore,
he/she may not send or receive
messages."
On April 9 on
Omari Williams, this: "The
conference scheduled for April
21, 2021 is adjourned until
May 26, 2021 at 9:00 am.
Because a continuance is in
the interest of justice and is
needed to assure the effective
assistance of counsel, the
Court prospectively excludes
the time from today, April 9,
2021, until May 26, 2021, from
Speedy Trial Act calculations.
The Court finds that the ends
of justice served by granting
the continuance outweigh the
best interests of the
defendants and the public in a
speedy trial. This Order is
entered pursuant to 18 U.S.C.
§ 3161(h)(7)(A). In addition,
with respect to Mr. Williams,
the Court is awaiting a report
as to the mental competency of
Mr. Williams to proceed."
Now on June 29,
this: "ORDER as to Tyreek
James, Omari Williams. The
Court has received the
attached communication from
the Bureau of Prisons seeking
an extension of time to submit
the psychiatric evaluation of
defendant Omari Williams until
July 30, 2021. The application
is granted. Therefore, the
conference scheduled for July
14, 2021 at 9:00 am is
adjourned until August 11,
2021 at 9:00 am."
Now on July 29,
Tyreek James has pleaded
guilty: before Judge John G.
Koeltl:Change of Plea Hearing
as to Tyreek James held on
7/28/2021. Deft James pres
w/atty Tamara Giwa. AUSA Kevin
Mead. Reporter Rebecca
Foreman. Deft James changes
plea of not guilty and enters
plea of guilty to Count Two of
information. Sentence date
11/5/2021 at 10:00am. PSI
ordered. Deft contd detained."
And Omari Williams?
We will
continue to report on this.
This case is US
v. Williams, 20-mj-4932
(Koeltl)
***
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