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SDNY COURTHOUSE, Sept 10 – The captain of a ship that capsized, killing two, by Liberty Island on August 8 was in U.S. District Court for the Southern District of New York Magistrates Court on August 10. Inner City Press was there and live tweeted:

presentment of Manuel Hernandez, captain of ship which capsized Saturday night by Liberty Island, killing a mother & daughter. Case is in PACER but complaint not yet.

 Magistrate Judge Figueredo has stepped out for a moment.

 3:06 pm Federal Defender has done into the holding cell; law enforcement has come out and sits in back room here in the Mag court.  Judge Figueredo still not on the bench.

 3:10 pm Federal Defender has come back out of the holding cell. Now defendant is brought in, in gray T-shirt and white shorts. Two US Marshals stand behind him.

 3:14 pm Magistrate Judge Valerie Figueredo come in quickly, does not require those in courtroom to rise. Assistant US Attorney and Federal Defender huddle with Pre-Trial Services.

 3:16 pm Deputy: This is US v Manuel Hernandez. Judge: You speak English? Hernandez: Yes. AUSA: He was taken into Federal custody yesterday August 9 at approximately 7 pm. Judge: I'm going to explain certain rights that you have

Judge: You are charged with negligence as a ship captain resulting in death, and misconduct as a ship captain resulting in death. Is there a bail package agreed to? AUSA: Yes. $50,000 [unsecured] bond, two co-signers, travel restricted to SDNY, EDNY & NJ. No boats

 AUSA: No contact with passengers or employees of tour operators Judge: Is it a large tour operator? AUSA: No, relatively small. Judge: Any other conditions? AUSA: No. Federal Defender: Release today AUSA: Yes

 Adjourned

But he did not remain released - ICE picked him up. The case was indicted and wheeled out to District Judge Mary Kay Vyskocil, who held a September 10 proceeding which Inner City Press live tweeted, here:

All rise! Judge Vyskocil: Please be seated. Has the Government informed the victims of this proceeding? AUSA: We are in contact with them, I don't know if about today's arraignment. Judge: You have to do a better job.

Judge: How do you plead? Hernandez: Not guilty. Judge: The Speedy Trial Act clock starts now - see US v Nixon.  Talk to me about discovery. AUSA: It includes NYPD files, reports from the response to the capsizing, body-worm camera footage

 AUSA: Mechanical information about the vessel. The defendant's Mirandized statement. We believe there will be more material. The Coast Guard investigation is ongoing. Federal Defender: I understand. Judge: Columbus Day is a Court holiday...

Judge: How long with the trial take? AUSA: I'd ask the Court to allot a full week. Judge: Early April, the week of April 5.  Has the defendant been released? AUSA: He was - then ICE ERO found he did not have lawful status, detained August 18

AUSA: He remains detained. We ask that Speedy Trial Act time be excluded until April 5, the trial date. Federal Defender: No objection. Judge: Granted.

The case is USA v. Hernandez, 1:26-cr-405 (Vyskocil)

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