| Bronx Defendant Loses Bail
Hearing But Cannot Be Told In MCC Lockdown
Judge Koeltl Is Told
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
April 10 –
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 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.
As Inner
City Press reported,
West Side highway attack
defendant Saipov has asked for
the same (but perhaps
understandably not for
release).
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.
Now, all
playground are now closed and
locked up, including the one
right across Worth Street from
the SDNY courthouse. But not
the UN gym, as exclusively
reported by Inner City Press here.
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.
Garmoneda 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, today,
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.
Nor was Judge
Koeltl's mention, like that of
Judge Richard M. Berman
earlier in the week about a
laptop video connection to the
MCC from the SDNY Attorneys
Lounge, followed up on. Inner
City Press intends to follow
up. This case is US v.
Garmoneda, 20-cr-109 (Koeltl).
***
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