| Man Charged
For Gun in The Bronx Was To Plead March 18
But Did Not Show Up
By Matthew
Russell Lee, Patreon Maxwell
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SDNY COURTHOUSE,
March 18 – Johnny De Los
Santos was arrested in
December 2020 and Federally
charged as a felon in
possession of a firearm, after
dispute in a grocery store on
Teller Avenue in the South
Bronx.
With a
retained lawyer, De Los Santos
in August 2021 was informed
that he faced trial on
February 14, 2022, before U.S.
District Court for the
Southern District of New York
Judge Paul G.
Gardephe.
Days
before trial, a proceeding
listed as change of plea (to
guilty) was listed in the
docket and a proceeding
scheduled for 3 pm on February
10. Inner City Press covered
it.
But De Los
Santos did not want to plead
guilty. He wanted to fire his
lawyer, who he said he told
him he would be getting a 5K1
cooperator's letter from the
US Attorney's Office.
The
AUSA said the Office does not
want or need De Los Santos as
a cooperator; there will be no
motion Section 5K1. Now
what?
Judge
Gardephe said that while he
understood, he could not allow
De Los Santos to manipulate
his trial calendar,
particularly given COVID
related restrictions in the
courthouse. These are the
courts amid COVID.
De Los Santos
said he had spoken to another
lawyer.
Who, Judge
Gardephe asked.
De
Los Santos spelled a name out,
in Spanish. (Inner City Press
noticed that several of the
letters were off.) Judge
Gardephe said he could not
find this lawyer on the
Internet. De Los Santos said,
But I found him on
Google!
Finally the
Long Island based firm was
identified. Judge Gardephe
asked that the proprietor be
on another conference about
the case on February 11.
Inner City
Press was there on February 11
and live tweeted, here:
Judge Gardephe:
It has become clear that Mr.
De Los Santos will not be
receiving a cooperation deal.
He must prepare for trial. We
have only five or so
COVID-compliant courtrooms
available for 30 plus judges.
Judge Gardephe:
It is incredibly disruptive
for a defendant to tell me,
three days before trial, that
he wants a different lawyer.
Mr. Perini, what is your
status with Mr. De Los Santos?
Perini: I met
with him on Feb 9, we met
about his case. No way I can
prepare in 3 days
Judge Gardephe:
So the only obstacle for you
in the trial date? It's a
one-count felon in possession
case - how long would you
need?
Perini: Two
weeks to a month.
Judge Gardephe:
The reservations have been
made for the first quarter of
this year. I'll have to ask
the Committee. I have a civil
trial April 4 - we could try
that date. I'll adjourn until
that to permit Mr. Perini to
come in. Adjourned.
On February 28,
Perini filed a motion to make
no further pretrial motions.
Then a change of plea (to
guilty) proceeding was set for
March 18. But on that day,
"Defendant De Los Santos [was]
not present."
Inner City
Press will continue to cover
the case.
It is US v.
De Los Santos, 21-cr-130
(Gardephe)
***
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