| Police Asked Detainee Why He Was
Moving So Gun Talk Suppressed Now Body Cam
Precluded
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Jan 13 – The day before gun
defendant Melike McCrimmon's
September 2020 bail hearing,
one witness against him (his
ex-wife) was dropped by the US
Attorney's Office after
"troubling communications to
his current girlfriend" which
the defense submitted but did
not put in the public
documents.
On
September 16 U.S. District
Court for the Southern
District of New York Judge
George B. Daniels held the
lengthy bail hearing. Inner
City Press covered it, below.
On December
2, Judge Daniels held another
hearing on McCrimmon - whether
his answers to police
questions about why he was
moving while detained in a
police car should be
suppressed.
Judge
Daniels found that the
questions, without Miranda
warnings, had been designed to
elicit incriminating
information.
The
Assistant US Attorney cut in
to ask that Judge Daniels
limit the ruling to the second
round of questions. Judge
Daniels declined.
Next the
question of release on bond
arose. The US Attorney's
Office said it is still
waiting for DNA results from
the Chief Medical Examiner.
Judge
Daniels gave the government
two weeks to get the results,
or face another bond hearing
with release seeming like a
probable result - Inner City
Press wrote at
the time.
On December 16,
Judge Daniels held another
proceeding, and Inner City
Press again covered it.
AUSA Kevin Mead said the
Medical Examiner found DNA
from three people - as to the
defendant, the results were
"uninformative."
Judge
Daniel said McCrimmon can now
be released on $100,000 bond
with three suretors, GPS and
home incarceration (the AUSA
inquired into the latter two,
remaining that the previous
Magistrate Judge imposed
them).
On January 13,
Judge Daniels held another
proceeding, asking when to
hold the trial. One of the
lawyers said they have a
murder trial in front of Judge
Rakoff. Judge Daniel ruled on
motions in limine, precluding
body camera evidence and
communications with
McCrimmon's ex-wife. The case
will continue.
Back in September
by dropping the ex-wife as a
witness, the US Attorney's
Office also dropped their
"danger to the community"
arguments, relying instead
only on risk of flight.
They emphasized
previous non-appearances, and
what they called a misleading
of the authorities with
falsified medical
records.
McCrimmon's
CJA lawyers from the Sher
Tremonte firm emphasized that
he is hard working.
Judge Daniels
asked why he lost his job at
Target and was told, Because
of the pandemic. But the
termination was in January
2020. Prescient?
Next they
talked about an online
platform or app for offering
handyman skills.
Judge Daniels,
ever practical, asked How much
did you make? The answer
wasn't clear.
Ultimately Judge
Daniels denied bail, but said
he would push for as fast a
trial as possible.
The case is US v.
McCrimmon, 20-cr-343 (Daniels)
***
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