| SDNY Mag Court Sealed To
Press For Pressure Cooker Defendant Now
Released Part 1 Last Chance
By Matthew
Russell Lee, Patreon
BBC
- Decrypt
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Source
SDNY COURTHOUSE,
March 18 -- A defendant named
D'Carlo Deluca was to be
presented on charges involving
threats and purchase of a
pressure cooker, in the U.S.
District Court for the
Southern District of New York
Magistrates Court on March 17,
it emerged in the early
afternoon of that day.
But when he
was presented more than five
hours later, no notice has
been given that lawyers would
be asking to seal the
courtroom. Inner City Press
was the only media in the
courtroom, but it was not
given an opportunity to be
heard.
Rather, the judge and lawyers
disappeared into the robing
room for a lengthy period. Why
since it was known that
sealing would be requested, in
this case use or misusing the
"oral pre trial services
report" loophole, was no
notice or opportunity to be
heard and to oppose sealing
provided?
After this sealed proceeding,
Magistrate Judge Stewart D.
Aaron first ordered the
defendant released, then
stayed his order until March
18 at noon because he was
unable to reach the Part I
Judge Valerie E. Caproni to
permit an appeal that same
evening.
Inner City
Press was present at noon on
March 18 when the appeal was
heard. Judge Caproni inquired
in detail into the difference
between making threats by
phone and actually preparing
the pressure cooker to be an
explosive.
At the end,
Judge Caproni denied the US
Attorney's appeal, while
admonishing D'Carlo Deluca
that this was probably his
last chance (depending on how
the Part I judge is next time,
if there is a next time).
Inner City Press will continue
on this and the Part 1 beat,
watch this site.
The legal
gymnastics were impressive and
appreciated. But it is not
difficult to give notice, when
it is known that court sealing
will be requested.
And it is not too
much to ask that the press
actually in the courtroom be
given a chance to be heard, as
SDNY Judge Paul Crotty did
formally in US v. Schulte, and
Judge Paul A. Engelmayer did,
twice, in the now-suspended
trial of US v. Andrews.
Inner City Press
will have more on this.
***
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