| Felon
Charged With
Gun Near
Yankee Stadium
OK To Go Pro
Per Now
Refuses Court
& Email
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
May 26 –
James Garlick
faces trial on
June 5 as a
felon in
possession of
a firearm,
found with a
gun on 162nd
Street and
Jerome Avenue
by Yankee
Stadium in The
Bronx on
August 27,
2022.
In
2013 after a
trial, Garlick
was convicted
of
manslaughter.s
Now Garlick
wants to
represent
himself.
On
May 17, U.S.
District Court
for the
Southern
District of
New York Judge
Valerie E.
Caproni held a
Faretta
hearing and
determined
that Garlick
can represent
himself. But
there is no
movement in
the date of
the trial,
which Inner
City Press
aims to cover.
On
May 19,
Federal
Defenders
wrote it
wanting out
even as
standby
counsel, their
relationship
having
"irreparable
broken down."
Judge Caproni
on May 19
ordered: "the
parties must
appear for a
status
conference on
Monday, May
22, 2023 at
11:00 A.M."
Inner
City Press,
after an 11 am
Magistrates
Court
proceeding,
ran to the
courtroom and
was helpfully
told that
Garlick will
proceed pro
per.
On
May 26, Inner
City Press
went to the
courtroom for
Garlick's bail
hearing. But
the door was
locked. Then
this: "ORDER
as to James
Garlick.
WHEREAS on May
23, 2023, Mr.
Garlick
requested a
bond hearing,
see Letter,
Dkt. 74;
WHEREAS the
Court
scheduled a
bond hearing
for May 26,
2023 at 10:45
A.M., see
Order, Dkt.
75; WHEREAS in
the early
morning of May
26, 2023, the
Court was
notified that
Mr. Garlick
refused to
come to Court
because of a
"religious
holiday" and
because of a
heart
condition; and
WHEREAS Mr.
Garlick was
medically
evaluated and
deemed fit for
Court; IT IS
HEREBY ORDERED
that the bail
hearing
scheduled for
May 26, 2023
at 10:45 A.M.
is hereby
CANCELLED. IT
IS FURTHER
ORDERED that
Mr. Garlick
must be
prepared at
the Final
Pre-Trial
Conference,
scheduled for
Wednesday, May
31, 2023 at
10:30 A.M.,
(a) to state
whether he is
withdrawing
his bail
motion, and
(b) to provide
the Court with
a list of the
names and
dates of all
religious
holidays he
wishes to
celebrate
between May
31, 2023, and
December 31,
2023. IT IS
FURTHER
ORDERED that
the Final
Pre-Trial
Conference
will take
place as
scheduled on
Wednesday, May
31, 2023 at
10:30 A.M. in
Courtroom 318
of the
Courthouse at
40 Foley
Square, New
York, NY
10007. Please
note that the
conference
will therefore
not take place
in the
Undersigned's
regular
courtroom. IT
IS FURTHER
ORDERED that
Mr. Garlick is
hereby
notified that
if he refuses
to attend the
proceeding on
Wednesday, May
31, 2023, or
any future
proceeding
without a
valid medical
excuse, the
Court will
find that he
has withdrawn
his request to
represent
himself, will
direct the
Federal
Defenders of
New York, Inc.
immediately to
resume
representation
of him, and
will consider
whether his
refusal to
come to Court
constitutes a
waiver of his
right to be
present at his
trial or
whether he
should be
forced to come
to Court. IT
IS FURTHER
ORDERED that
attached to
this Order are
draft voir
dire questions
for the
parties to
review ahead
of the Final
Pre-Trial
Conference. IT
IS FURTHER
ORDERED that
standby
counsel for
Mr. Garlick
will be
provided a
copy of this
Order and the
Court's draft
voir dire
questions in
Word format
that they must
cut and paste
into an email
to be sent to
Mr. Garlick
via Corrlinks
not later than
5:00 P.M. on
May 26, 2023.
SO ORDERED."
After
that, Federal
Defenders
wrote it that
CorrLinks says
"The
above-named
inmate has
chosen to
remove your
email address
from his/her
approved
contact list
and,
therefore,
cannot receive
or sent
messages to
your email
address."
The
case is US v.
Garlick,
22-cr-540
(Caproni)
***
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