| Bronxite Gamoneda Lost Bail
Hearing Then Pled Now Luilly Fernandez Pushed
To July 9
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
May 3–
Marvin Gamoneda was arrested
on February 12, 2020 as part
of a Bronx drug gang case and
has been detained since in the
Metropolitan Correctional
Center in lower Manhattan.
On April 10, 2020 amid the
COVID-19 pandemic his lawyer
argued for his release, saying
among other things that the
U.S. Bureau of Prisons is
underperforming and that the
MCC is a "Petri dish" for the
virus.
His lawyer
told U.S. District Court for
the Southern District of New
York Judge John G. Koeltl that
the MCC says they have
capacity for 40 legal calls a
day, for all inmates. That is
not enough. Just because
we're all overwhelmed doesn't
mean we can rip up the
Constitution. Mr Gamoneda
deserves at least one legal
call a week.
US
Attorney Andrew Andrew Chan
said that Gamoneda is a member
of the "Woodycrime" gang in
The Bronx; he is responsible
for a shooting in a playground
[the Nelson Playground] full
of men, women and
children.
Judge
Koeltl asked, He got 1 to 3
years in 2013? And the others
were all related to
marijuana?
AUSA Chan replied, Yes. But
while in jail he planned what
to do once he got out.
Then
AUSA Chan lost connection to
the call. AUSA Portlock said,
I just texted him While
AUSA Chan dialed back in, a
lawyer asked Judge Koeltl how
it's going, remotely.
Judge Koeltl replied, I'd
prefer all of you to be in the
courtroom. I'm not doing
pre-trial conferences in civil
cases. But to the extent I
have a matter that requires
lawyers, a TRO or a decisional
matter in a criminal case. I
teach a seminar at NYU by
Zoom.
AUSA Chan said, I'm back on.
Gamoneda kept planning how to
continue with Woodycrime. A
series of marijuana arrests...
Judge
Koeltl ultimately ruled that
the government has shown there
are no combination of
condition that could
reasonably assure the presence
of the defendant. The charges
are serious and the evidence
seems strong, of a substantial
narcotics conspiracy and guns,
and a shooting.
Garmoneda's lawyer asked to be
able to speak with him, for 30
minutes. Pre-Trial Services
said his unit is under
quarantine. Judge Koeltl said
the transcript should be
prepared on an expedited basis
and Garmoneda's lawyers get it
under the CJA act. But, one of
them said, there is a delay.
Judge
Koeltl asked that the US
Attorney's Office order it and
share it with the defendant's
lawyers. AUSA Chan said the
court reporters might have a
view on the sharing of
transcripts. This was
not directly answered.
On October 23,
Judge Koeltl held another
proceeding, in which Gamoneda
switched lawyers, from Gregory
Morvillo to the CJA on duty,
Mr. Montgomery. Judge Koeltl
OK-ed it but said he might not
approve another change.
On December 15,
in advance of a December 23
conference, Montgomery asked
to push the March 21 trial
back, saying he "was advised
by BOP via an email that I had
come into contact with an
individual diagnoses with
Covid during my November 15
visit with Mr. Gamoneda; no
other information was
provided."
Jump cut to 2021:
Garmoneda pleaded guilty on
March 15; on co-defendant
Luilly Fernandez, Judge Koeltl
held a proceeding on May 3 and
Inner City Press covered it.
The upshot? "To assure the
effective assurance of
counsel," the matter was
pushed to July 9 and Speedy
Trial Act time excluded until
then.
Now this case is
US v. Fernandez, 20-cr-109
(Koeltl).
***
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