Murder In
Washington Heights Triggers Trial December
5 As Co-Defendant Seeks Release
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
May 31 – Edwin Cortorreal was
charged with murdering Kelly
Diaz in an apartment in
Washington Height on October
27, 2006. Then there were DNA
questions.
On June 14, U.S. District
Court for the Southern
District of New York Judge
Valerie E. Caproni held a
proceeding. Inner City Press
covered it.
The talk
was of the Forensic
Statistical Tool used by the
Office of the Chief Medical
Examiner, in the case to swab
a roll of duct tape and a
cellphone battery.
There is a
free program to analyze this
on GitHub, but the license
does not allow use by
businesses, including Criminal
Justice Act business, the
defense said.
The defense wrote
to Judge Caproni asking to
push back the trial in light
of the July 25, 2022 hearing
on DNA, and citing counsel's
trial scheduled for November
28 before Judge McMahon in US
v. Lopex Arizmendi, 20-cr-584
(though "it is not anticipated
that the case will actually
proceed to trial," they
wrote).
On May 31, Judge
Caproni set a date: "MEMO
ENDORSEMENT as to Edwin
Cortorreal (14) granting [699]
LETTER MOTION addressed to
Judge Valerie E. Caproni from
Jean D Barrett and Benjamin
Silverman dated May 13, 2022
re: Motion to set trial date.
ENDORSEMENT: Application
GRANTED. Trial for this case
will be held the week of
December 5, 2022."
In the run-up, a
co-defendant has requested
compassionate release: "ORDER
as to Shajonny Santana: IT IS
HEREBY ORDERED that the
Government must respond to Mr.
Santana's motion for
compassionate release by no
later than November 30, 2022.
In its response, the
Government must include Mr.
Santana's educational and
disciplinary records from the
Bureau of Prisons, to be filed
on the public docket, and the
last two years of Mr.
Santana's medical records, to
be filed under seal. IT IS
FURTHER ORDERED that Mr.
Santana may reply in further
support of his motion by no
later than January 31, 2023."
The case is US v.
Nunez, et al., 17-cr-438
(Caproni)
***
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