After
SDNY Courtroom Sealed To Press
Case Defendant Arrested in
Bronx Now on Rikers
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
Oct 5 – There was a Federal
criminal proceeding publicly
listed on PACER at 2:30 pm on
October 25, 2019 in the
courtroom of Judge Denise L.
Cote of the U.S. District
Court for the Southern
District of New York.
Inner City Press
went to cover it - and was
immediately told to leave the
courtroom. Then the door was
locked.
When US Assistant US Attorneys
Maurene Comey and Christopher
Clore exited some 20 minutes
later, Inner City Press asked
them if they knew the basis
for excluding the Press. Ms.
Comey shook her head.
Some
seven hours later Inner City
Press reported: Maurene Comey
then had only four cases
before Judge Cote. On only one
of the four is Christopher
Clore her co-chair AUSA: the
20 defendant Bronx MacBallas
case named from the initial
and lead defendant, US v.
Xavier Holman, 18-cr-41
(Cote).
But Holman
was already sentenced to 120
months. Keenan McFarland and
Sean Jones also got 120
months. Navone Dozier got 84
month. Jafari Jones and
Francisco Torres also got 84
months; Austin Morrishow got
60 months, described in a
sentencing submission as "one
of the gang's
'shooters.'" So who's
left?
Not listed
as "closed" are Bo Williams,
20 of 20, Deonte Morrison 15,
Nathaniel Fludd 7 and
Toshnelle Foster 2, who while
not sentenced has a sentencing
date in November.
Of these,
only Bo Williams does not have
an appearance by defense
lawyer, although Inner City
Press on October 25 observed
who his lawyer is.
Virtually
every filing
in
18-cr-41-DLC-20
from May
through
September 2019
was
listed as
"Sealed
Document."
As
Inner City Press has explained
to judges, executive and
prosecutors, it has full
respect for any legitimate
sealing and / or safety
concern. But to simply order
the Press out of a Federal
courtroom without given a
reason does not comply with
the letter or spirit not only
of case law but of the
principles behind it. More on
Patreon, here.
Jump cut to July
11, 2023, when a defendant in
the Holman case showed up in
the SDNY Mag court, covered
daily to Inner City Press. It
was Lasyah Palmer - and AUSA
Clore was there, seeking
detention and citing threats
to his girlfriend. Judge
Robert W. Lehrburger, who
conducted a sealed proceeding
on July 10, agreed to
detention.
Jump again to
October 5, 2023, when the AUSA
wrote in about another
co-defendant, Kevon Gaither,
that he was arrested in the
Bronx in connection with a
robbery and faces sentencing
on that on November 2.
On January 5,
2024 the AUSA wrote in again
that Gaither had been
sentenced to 1.5 to 3 years in
state custody and is on Rikers
Island, "unavailable for pick
up by the Marshals until
January 30" - and that a writ
will be required. A date in
the week of February 26 was
requested.
This case
is US v. Palmer, et al.,
18-cr-41 (Cote)
***
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