SDNY COURTHOUSE,
Oct 12 – Neil Cole, the brand
manager charged with financial
chicanery was freed on $1
million bond on December 5,
2019 and allowed to travel
throughout the United States
by agreement of the US
Attorney's Office, contrary to
the "SDNY and EDNY only"
restrictions they routinely
place on less affluent
defendants.
SDNY Magistrate
Judge Barbara Moses accepted
the agreed bail conditions,
and said that they can be
appealed or asked to be
modified before SDNY Judge
Edgardo Ramos to whom the case
was assigned.
On October 6,
2021, the jury trial began and
Inner City Press live tweeted
Day 1 here,
podcast here,
vlog here.
On October
7, cooperator Seth Horowitz
spend the whole day on the
stand, still on direct. Inner
City Press live tweeted here.
On October
8, the cross examination of
Horowitz began, doggedly.
Inner City Press live tweeted
here.
On October 12,
after Columbus Day, the cross
examination of Horowitz
continued but did not finish.
Inner City Press live tweeted
here:
Neil Cole's
lawyer: Mr. Horowitz, you were
negotiating the puts and calls
with Mr. Margoles of GBG,
correct? Horowitz: No... Neil
Cole's lawyer: Let's show you
an exhibit...
Neil Cole's
lawyer: Do you recall on April
12, 2015 communication with
your personal lawyer TWENTY
FIVE separate times in
anticipation of litigation or
regulatory action?
Horowitz:
Including emails? Yes. Neil
Cole's lawyer: Let me show you
your resignation letter
Neil Cole's
lawyer: Isn't it correct that
a lawyer on your behalf asked
Iconix to pay you a bonus
equal to 100%-
AUSA: Objection!
Judge Ramos: He
hasn't finished the question.
Cole's lawyer: ...of
your annual salary?
Horowitz:
What I was due, under my
contract
After jury
leaves, AUSA asked Judge Ramos
to stop Neil Cole's lawyer
from reading documents not in
evidence to the jury. Judge
Ramos says, my working
assumption is you're doing it
on purpose. Please don't.
Cross will continue tomorrow.
On October 5,
after picking the jury and before opening
statements begin October 6 at 9:30 am, Judge
Ramos explained why like EDNY Judge Donnelly
in the R.Kelly trial, he did not require
prospective jurors to be vaccinated.
Then, in open
court, Cole's lawyer said he wants to cross
examining cooperation witness Seth Horowitz
about concealment of prostitution related
activities. Judge Ramos said that question
will not be allowed - and when the Assistant
US Attorney asked to seal the transcript,
Judge Ramos agreed. But it was in open
court. Can you say, #Whorowitz?
On September 30
in an in-person final pre
trial conference, Cole's
lawyer argued that hearing
"$28 million" would be
prejudicial. The AUSA said it
show motive, and Judge Ramos
agreed, citing US v.
Quattrone, 441 F.3d 153,
179-80 (2d Cir. 2006).
Inner City
Press will continue to cover
the trial.
Watch this site.
The case is US
v. Cole, 19-cr-869
(Ramos).
***
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