In Other Media-eg New Statesman, AJE, FP, Georgia, NYT,  Azerbaijan, CSM Click here to contact us     .

By Matthew Russell Lee, Patreon Thread Scope
BBC - Guardian UK - Honduras - Vulture

SDNY COURTHOUSE, Dec 1 – Daniel Hernandez a/k/a Tekashi 6ix9ine was sentenced to 24 months of total imprisonment on December 18 in a proceeding live tweeted by Inner City Press before U.S. District Court Judge Paul A. Engelmayer.

   6ix9ine was ordered released by an Order that at the US' request Judge Engelmayer withheld until 4 pm on April 2, analyzed on Patreon here, 2-minute podcast here.

  On May 8 #6ix9ine released and World Star released GOOBA, here. His proposed $250,000 grant to a child hunger organization was rejected by No Kid Hungry. Then Kooking 4 Kids said it wanted it. #6ix9ine has been doing Instagram Live's from Chicago and elsewhere.

  In a parallel universe on October 5 #6ix9ine's co-defendant Kintea McKenzie a/k/a Kooda B was ordered to self-surrender on October 15. Inner City Press live tweeted the ruling, here and below.

On November 17, Judge Engelmayer began McKenzie's sentencing, below - then suspended it when the CourtCall was cut off at 10:45 am.

It resumed and concluded on Dec 1, with Inner City Press again live tweeting, here:

Judge Engelmayer: Mr. McKenzie, your music videos showed you with a red bandana, even after your arrest. This disappointed me. Your gang cut a man's face open. This type of mayhem is not to be celebrated. But let me read letters from Brownsville...

Judge Engelmayer: I must also consider the conditions of your release during the pandemic. I wrote a decision ordering your immediate release from prison. But I saw you had lied to me. You participated in a party, in a packed apartment, there was drugs and alcohol

Judge Engelmayer: Your counsel said you had been selfish and reckless. But I didn't return you to prison because you might have been contagious. The video afforded an illuminating window into McKenzie: he disrespected his counsel, mocked other inmates requests

Judge Engelmayer: Your letter to me did not apologize for that. You put your self-interest first. But that's only part of you. You have many positive qualities. A sentence within the guideline range is warranted here. On April 6 I was considering going above

Judge Engelmayer: But for the video I would have gone in the middle of the guidelines. I can now go above the middle but still stay within. COVID stays my hand. Mr. McKenzie, lean forward and pay attention: you are to serve a sentence of 54 months in prison

Judge Engelmayer: After the 54 months, conditions include cooperating in the collection of DNA. From page 28 of the Pre Sentence Report: search condition, to give Probation maximum visibility. You ran with a gang. Probation will have maximum eyes on you.

Judge Engelmayer: I find that you do not have the ability to pay a fine - but you must pay the Special Assessment of $100.  Defense lawyer: Mr McKenzie has a history of expensive and daily marijuana use. So designate him to a facility with a program, close to NYC

 Defense lawyer: We'd prefer Otisville, since Fort Dix has issues with COVID. 

Judge Engelmayer: I'll suggested Otisville or as close to NYC as possible. Anything further? No? Mr. McKenzie, I wish you the very best.

McKenzie: Thank you. Adjourned.

Here's the November 17 live thread:

McKenzie's lawyer says since his client was remanded by Judge Engelmayer, he has been having asthma attacks in jail, he had to check if he was able to go forward today and be sentenced. Judge Engelmayer: The COVID numbers in NY are only going up.

Judge Engelmayer: Mr. McKenzie took part in a shooting at a rival gang in front of a hotel.... After his release he was caught on video at a crowded party celebrating his release -- Mr. McKenzie, you're raising your hand?

McKenzie: You're breaking up, I can't hear Inner City Press @innercitypress · 1h Judge Engelmayer repeats it: Contrary to his stated concern about catching COVID, he was caught on camera at a crowded party celebrating his release... He surrendered 5 weeks ago to U.S. Marshals. I have reviewed my sentencing of others [24 years for Harv Ellison]

Judge Engelmayer: There is a plea agreement, that the guideline is 47 to 56 months. AUSA: The Barclay's Center shooting - there was a confrontation, escalating into a shooting. Here, Mr Hernandez [#6ix9ine] reached out to gets a rapper from Chicago shot at...

AUSA Longyear: We entered into this plea agreement, it's an Option A agreement, no arguing above or below the guidelines. Mr. McKenzie's prior counsel [that's a whole other story] advocated then there was his misrepresentation to the court

AUSA Longyear: In the MCC, he had a phone, we couldn't get into it, very concerning to us. His letter to the court portrays him as caring about the community, he says he was shocked that in the #6ix9ine video there were guns - but listening to his music

AUSA Longyear: Mr McKenzie's music glorifies gang violence... He will come out of jail with more street cred, with some Federal years on his resume. So we urge the top of the guidelines [57 months]

Judge Engelmayer: You took 924(c) mandatory minimum off the table  Judge Engelmayer: On June 2, how many shots were fired?

AUSA Longyear: Two. Early morning hours. Mr. McKenzie and the shooter were across the street from the W Hotel in Times Square. The street was not that crowded. 2 or 3 in the morning.

Judge Engelmayer: What did the shots hit? AUSA Longyear: The ceiling of the lobby.  Judge Engelmayer: What kind of gun? AUSA Longyear: Handgun. Judge Engelmayer: Shifting gears, who is he comparable to? AUSA Longyear: Like Mr. Butler, an associate of Roland Martin Inner City Press

Judge Engelmayer: I take it Chief Keef is aware of this sentencing but does not want to participate in this proceeding? AUSA Longyear: We reached out to him during Mr. Hernandez' sentencing, he had zero interest.

McKenzie's lawyer: Bob Dylan talks about getting his .38 and duet and Johnny Cash. Bob Marley sang, I shot the sheriff.  Judge Engelmayer: But Mr. Marley didn't shoot at the sheriff

McKenzie's lawyer: This event is not a true measure of my client, his 22 years. Yes when he was released, that night, it was an offense to this court's trust. But in the MCC there were fires and floodings, 2 weeks at a time. There were lockdowns...

McKenzie's lawyer: He does suffer from asthma. Ms. Scolari's application was correct. He didn't know he would be released, but it was all over social media. In Brooklyn relatives came from Pennsylvania, it got out of hand, those youngsters came up to the apartment

Judge Engelmayer: Can we free up a phone line for this extra party to speak? Courtroom deputy: There is no way. Judge Engelmayer: We have a letter from him. Anything beyond? McKenzie's lawyer: He mediated between rival gangs.

 Judge Engelmayer: This is a news flash. If you want him to speak, we can adjourn this- for a week or 2, I leave it to you. McKenzie's lawyer: I think that would be best.  Judge Engelmayer: I was checking to see if there was some play in the joints. Let us finish with you, Mr. Rosenberg

McKenzie's lawyer Rosenberg: Yes, he had a Y.O., he was 15 and the bike turned out to be stolen. In the MCC the phone was not his. He was intimidated by his surroundings. A picture was taken of him on a phone. He spent time in the SHU

McKenzie's lawyer: The second phone, he was found not guilty. Other than the evening of March 30, there have been no further violations.   "Even Michele Obama was doing the Kooda B dance."

McKenzie's lawyer: Mr. Hernandez was a huge star, there was a sense of debt that led Mr. McKenzie to agree to this participation...  Judge Engelmayer: Go ahead, Mr. McKenzie. McKenzie: I'm sorry to my family.  I'm not a bad person.

Kintea McKenzie: The whole time I was on bail, 180 days, no violations. We're all human, we make mistakes. I'll tell the kids, don't make no mistakes. Thank you for letting me talk. Judge Engelmayer: Take 2 minutes, the court reporter can take a comfort break

Now social worker from Brownsville, Brooklyn: "Mr. McKenzie has been instrumental in our fight against gun violence in our community. With his help, no killing for 380 days in our section of Brownsville. I ask the court to show leniency."

Judge Engelmayer: I have extensive remarks, probably going more than half an hour past 11 am. I'm going to get going, but please see if we can go past 11 am. If we get bumped off, we will suspend and alas we'll continue by video in the future. 

Judge Engelmayer: I presided over all the sentencings in this case, you are the last one, Mr. McKenzie. You associated with a dangerous gang, Nine Trey. You were not a leader, but in early June 2018 you were involved in a plot to shoot at a rapper, Chief Keef.

Judge Engelmayer: Hernandez [#6ix9ine] was a meal ticket for the gang, so the gang went after his rivals like Chief Keef. Hernandez and Kifano Jordan were in Los Angeles, so they told you to arrange a shooting in Times Square. You assembled group of 4...

Judge Engelmayer: You caused gunshots to be fire in Times Square. It could have prompted return fire.  I once had a Bronx gang case with 78 defendants.  I have seen the pattern, young men follow the lead of older, sometimes charismatic men....

Judge Engelmayer: It seems Nine Trey has been broken up by this prosecution.  VOICE: "Your meeting has ended." Judge Engelmayer: I need to terminate this proceeding. It ran longer than expected. These things happen. We'll reschedule. 

Judge Engelmayer adds, "I'm not going to complete the sentencing in a way that is second rate." McKenzie's lawyer: Have a good Thanksgiving.

Note: earlier in the proceeding there was discussion of McKenzie's role in the shooting - when "Mr. Hernandez" ordered it up, McKenzie put together the team, but was not the shooter.

   Meanwhile Harv Ellison, who some refer to as Tekashi69's car-jacker, is now up for sentencing -- but when? After multiple delays, on October 2 this: "ORDER as to Anthony Ellison: Sentencing of defendant Anthony Ellison is presently scheduled for Wednesday, October 7, 2020, at 10:00 a.m. That date was selected by the Southern District Board of Judges based on, inter alia, the representation of lead defense counsel that he was available that week and day. Regrettably, however, the Court was notified today that lead defense counsel returned to New York State three days ago from South Carolina. Because persons arriving from South Carolina are obliged by New York State to quarantine for two weeks upon return, counsel necessarily will not be available to appear on Mr. Ellison's behalf next week at sentencing. In the interests of assuring that Mr. Ellison is represented by his lead counsel at sentencing, the Court has no choice but to adjourn the sentencing. The Court regrets the disruption caused by this change of schedule, and the frustration that surely will be experienced as a result by Mr. Ellison, whom the Court understands to wish to move promptly to sentencing so as to expedite his eventual transfer from the Metropolitan Correctional Center to a federal prison. The Courts intention is to hold Mr. Ellison's sentencing during the week of October 13, 2020, if a date and time can be arranged that week consistent with the availability of the Government counsel responsible for this sentencing, and if not, as soon as possible thereafter. The Court expects that Mr. Ellison's counsel will be available to attend sentencing on the date assigned that week by the Board of Judges, and will not undertake travel plans before sentencing that would subject himself to a future quarantine. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/2/2020)."

 In advance, his lawyers have gotten permission to redacted and withhold at least half of their letter: " the defense would respectfully request that certain portions of the exhibits be filed under seal. As an initial matter, Mr. Ellison’s letter reveals the horrors that he has experienced and continues to experience while being incarcerated at MCC-New York. Mr. Ellison’s letter presents a record of conditions at MCC-New York that are appalling. It is clear that the conditions within MCC-New York are truly harsh, especially during the pandemic caused by COVID-19. These circumstances have caused Mr. Ellison anxiety and his submission was prompted by the uncertainty that he necessarily feels during this time. The defense submits that Mr. Ellison meant no disrespect to the Court and the defense would respectfully renew its request that the Court consider imposing a sentence below the guidelines due to the truly harsh conditions that Mr. Ellison has experienced while being incarcerated." Then two full paragraphs redacted. On what basis?

In June Kintea McKenzie a/k/a Kooda B, who pled guilty then while on COVID-19 related release was filmed celebrating without social distance, on June 3 had his assigned Criminal Justice Act lawyer Lisa Scolari withdraw. Inner City Press covered and live tweeted the proceeding, as it will the sentencing - when it happens. There was this:

"The Court adjourns Mr. McKenzie's sentencing until September 25, 2020 at 10:00 a.m., in recognition of defense counsel's request that sentencing not be held at a time when traveling to court may present heightened health risks to counsel. (Signed by Judge Paul A. Engelmayer on 6/18/2020)."

 And now on September 8, this: SCHEDULING ORDER as to Kintea McKenzie. At the defendants request, reflected in a letter properly filed under seal, the Court adjourns sentencing for 30 days, until October 15, 2020 at 10:30 a.m. The Court does so out of respect for defense counsels concern that travel to and from an in-person sentencing proceeding may expose counsel and the defendant to medical risks in light of the current pandemic. The Government does not oppose this request. Mr. McKenzie's conditions of release remain in place. In the event of a request for an additional adjournment, the Court will promptly convene a telephone conference to address the request and to set a prompt date for Mr. McKenzie's surrender. The parties should consult the Court's Individual Rules and Practices for Criminal Cases for sentencing-related procedures and practices. Consistent with the Court's Rules, the defendants sentencing submission shall be served two weeks in advance of the date set for sentencing. The Government's sentencing submission shall be served one week in advance of the date set for sentencing. The parties should provide the Court with one courtesy hard copy of each submission when it is served. If a party does not intend to file a substantive sentencing submission, the party should file a letter to that effect. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/9/2020)." So, October 15. A letter sealed in its entirety, rather than redacted?

  On June 8, Judge Engelmayer issued these two orders: "ORDER as to Kintea McKenzie: At a conference held on June 3, 2020, the Court permitted Lisa Scolari, Esq., to withdraw as court-appointed counsel for defendant Kintea McKenzie, based on her representation to the Court that on or about May 15, 2020, she had become aware of circumstances that presented a conflict precluding her continued representation of Mr. McKenzie. The Court appointed Richard Rosenberg, Esq., as successor counsel. To assure itself that the nature of Ms. Scolari's conflict does not present a basis to invalidate Mr. McKenzie's guilty plea, entered in June 2019, the Court directed Ms. Scolari to file, for the Court's ex parte and in camera review, a letter detailing the circumstances under which Ms. Scolari recently had become aware of the circumstances giving rise to a conflict. The Court has reviewed Ms. Scolari's letter to that effect, dated June 5, 2020, which the Court has directed Ms. Scolari to file under seal. The Court is satisfied that no conflict existed with respect to Ms. Scolari's representation of Mr. McKenzie until mid-May 2020, and that the emergence of this conflict does not, in any way, cast doubt on the viability of Mr. McKenzie's guilty plea or any other aspect of Ms. Scolari's representation of Mr. McKenzie. (Signed by Judge Paul A. Engelmayer on 6/8/2020) (ap)"

 Then, minutes later: "ORDER as to Kintea McKenzie: On June 5, 2020, the Court received a request, via email, from Matthew Russell Lee of Inner City Press, seeking to unseal filings concerning a conflict of interest raised by Kintea McKenzie's now-former counsel, Lisa Scolari, Esq. Later that day, the Court received an ex parte letter, via email, from Ms. Scolari, explaining the nature of the conflict of which she recently had become aware. The Court has determined that Ms. Scolari's ex parte communications relate to highly confidential facts about a separate attorney-client representation, and thus are properly not publicly filed. Accordingly, the Court denies Mr. Lee's request. (Signed by Judge Paul A. Engelmayer on 6/8/2020) (ap)."

  While the order is appreciated, not knowing more about these "highly confidential facts," what happened to the presumption of public access to filings in criminal cases? To the idea of redacting rather than withholding in full? The logic seems circular: it is simply "highly confidential." Why?  Watch this site.

Judge Engelmayer previous said, "An issue arose in March, letter of April 6."

Judge Engelmayer: I expect to grant your request since you say unwaivable conflict. However, this relates to some other legal representation of yours. Which predates this one. At some point some person may claim you've worked under a conflict. I want to know more.

Judge Engelmayer does not order the filing of a public letter, but one "ex parte" with him, in camera so the public will never see.

[Inner City Press wonders: How does the presumptive public nature of Federal criminal cases apply to this?]

Scolari: I will take that under consideration.

Judge Engelmayer: If it is the case that the information you would share would case Mr. McKenzie in a bad light, I could disregard it. When will you send the letter? End of the day Friday. It will be emailed - "We can take care of submitting it under seal."

 Judge Engelmayer: I need to understand why this did not undermine your prior advice to Mr. McKenzie during the plea proceeding. Any order I issue will not disclose any confidential material contained in your letter.

Next CJA lawyer is Mr. Rosenberg.

Judge Engelmayer: You have no connection with Nine Trey?

A: I do not.

Judge Engelmayer: Do you agree, AUSA Longyear?

AUSA: I do.

Judge: Are you ok with this Mr. McKenzie?

A: Yes.

  But what is the conflict that existed at the time of his guilty plea? Watch this site.

We'll have more on this - more including order on Patreon here.

 The case is US v. Jones, 18-cr-834 (Engelmayer). More on Patreon here.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2019 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com for