| Bronx
Shootings on Ryer Avenue Result in Jury
Trial Now Closing With Theory of Defense Q
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Dec 3 – Darrius Christopher
and Robert Wade are still on
trial for a shoot-out on
October 25, 2019 by 2322 Ryer
Avenue in The Bronx. But it's
at end game. And the issue of
"Theory of Defense."
On November 22, U.S. District
Court for the Southern
District of New York Judge
Sidney H. Stein held opening
statements, and on November 23
the presentation of evidence
from government witnesses.
Inner City Press went and
covered both days.
Detective Hearns was cross
examined about Smith &
Wesson .40 caliber and 9mm
luger shell casings.
Once he and the
jurors, who appeared to be
paying close attention, left
there were lawyers' arguments
about out of court statements
and an upcoming Wade hearing
with an SDNY Probation
officer.
The
government objected to one of
the defense's opening
statements, that a Mr.
Orellana would testify about
(non) membership in a gang.
The AUSA said Orellana's
lawyer said he'll invoke the
Fifth Amendment, if called to
testify.
How do I
know that? the defense counsel
answered.
On November 26,
the day after Thanksgiving,
the US Attorney's Office filed
a letter and three exhibits
with Judge Stein arguing that
DEA agents and NYPD detectives
may not be called for an
improper purpose.
Attached
were defense counsel's
November 22 letter pursuant to
Touhy v. Regan, 340 U.S. 462
(1951) for the testimony of DA
agents Moises Walter, Joseph
Tamweber and David Brown, and
a chain of emails contesting
them. Also at issue: four NYPD
detectives.
The US Attorney's
Office cites Judge Alison J.
Nathan's decision in US v.
Ghislaine Maxwell to bar the
defense from eliciting
testimony about the use or
non-use of certain
investigative technique as it
"does not tend to show
defendant's innocence of the
charges."
And while the
Maxwell circus has made it
more difficult to cover, we
offer this Friday night
report. Darius Christopher
wants an instruction that
while he was present on 183
and Ryer, but being a knowing
spectator is not enough. And
if the instruction is not
taken?
The case will
continue. It is US v.
Christopher and Wade,
19-cr-875 (Stein).
***
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