| Gun
Defendant Was Ordered Free on Bond Now
Superseding Murder Indictment With Manh DA
By Matthew
Russell Lee, Patreon Maxwell
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SDNY MAG COURT
EXCLUSIVE, Aug 2 - In
the U.S. District Court for
the Southern District of New
York on July 27, a detention
or release proceeding was held
by Magistrate Judge Sarah
Netburn on a defendant charged
with firearms use, carrying
and possession in a narcotics
conspiracy that was not, in
the proceeding, named.
It was Own
Every Dollar, the subject of
an SDNY / Manhattan DA press
conference on August 2
announcing the unsealing of a
superseding indictment for
multiple murders including in
The Bronx. Why is the Bronx DA
not involved?
During the
July 27 proceeding,
with Inner City Press the only
media present, the defendant's
retained attorney referred to
a bail application he had
filed with the assigned
District Judge J. Paul Oekten.
Magistrate Judge Netburn
hadn't gotten or seen it and
so took a break in the back to
do so.
Inner City
Press has found the letter on
PACER, complete with the
defendant's sister Josemary's
financial information from her
employer, J.P. Morgan Chase.
Judge
Netburn returned, and noted
the presence of the
defendant's mother Flor in the
gallery. She said she would
release the defendant with his
mother as a third party
custodian, charged with
notifying the authorities if
her son so much as
communicates with
co-conspirators. She nodded.
The
Assistant US Attorney asked
for a stay, to consider an
appeal to Judge Oetken. Judge
Netburn said stay through
Friday.
When was
the superseding indictment
known about?
The stay then was
extended
at least through August 3:
"ORDER as to Jose Gutierrez...
IT IS HEREBY ORDERED THAT: The
defendant's release on bail is
stayed pending the outcome of
the August 3 bail hearing by
this Court. SO ORDERED. (Bond
Hearing set for 8/3/2022 at
03:00 PM before Judge J. Paul
Oetken.) (Signed by Judge J.
Paul Oetken on 7/27/22).
The overall case
is US v. Nunez, et al.,
22-cr-293 (Oetken / Netburn)
***
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