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Sale of Fentanyl Resulting in Death Triggers Trial for Livigni + 1 US Asks Cortez Plea Delay

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Aug 31 – Many people are killed by fentanyl these days.

On the morning of July 14, 2023 Inner City Press covered the sentencing to three years of a man for causing a deadly overdose of another, Peter Krasniqi. Only his family, and Inner City Press, were in the courtroom gallery. 

 Later on July 14, a 20-year old woman charged with causing the death of the grandson of actor Robert De Niro was held, with significantly more interest. As in the first case, Inner City Press was there, thread

Since then, with no docketing of this defendant Sophia Marks being released, there are 16 "Sealed Documents Placed in Vault."

On October 30, Inner City Press learned the 16 defendants would be presented in SDNY Mag court(s) under indictment 25-cr-484 - which is now on Patreon here

On November 4 one more defendant was presented and detained, on consent without prejudice.

On November 5 the many defendants in US v. Brown were brought into Judge Cote's courtroom. Inner City Press was there. While the US Marshals say that no criminal trial with more than four defendants is possible during the shutdown, Judge Cote set a trial date for all but one on September 14, 2026.

On April 30, 2026, a trial for co-defendant Johnson was set for December 7, 2026.

On June 3 Judge Cote signed and correctly docketed an "ex parte" request for counsel to co-defendant Cuevas for a private investigator. 100 hours at $110 an hour had been requested; 40 hours were approved without prejudice to a request for more "for specific tasks."

On June 18, white shoe CJA counsel for the lead named defendant filed a motion for a bill of particulars, say there is not "a single piece of evidence demonstrating that Mr. Brown was a member of the charged conspiracy."

On June 25 Judge Cote docketed an order setting a change of plea for co-defendant Lugg on June 29.

In fact this guilty plea took place on July 2. Inner City Press was there, as the defendant in Hudson County Correctional Facility green, allocuted. His sentencing was set for October 8 at 2:30 pm.

Another co-defendant Tannenbaum also pled guilty on July 2, with sentencing set for October 2 at 11 am.

On July 8 a change of plea (to guilty) was set for co-defendant Felci on July 14.

On July 22 lead named defendant Brown pleaded guilty, with sentencing set for November 13.

On July 23 co-defendant Pina pled guilty, sentencing set for November 13 as well.

On July 28 co-defendant Cuevas pled guilty, with sentencing set for November 19.

On July 30,counsel to defendant Johnson wrote in that "we are currently engaged in plea negotiations with the government... we respectfully request a one-week extension."

On August 4 Judge Cote docketed that co-defendant Rodriguez was schedule to plead guilty.

Docketed on August 7, Rodriguez pled guilty to Count 1, with sentencing set for November 20.

On August 21 co-defendant Livigni, heading to trial, opposed the US Attorney's Office's motion in limit, noting that there may be a deal to redact or obscure Victim-1's upper left arm as prejudicial. But will they try to seal the courtroom?

Inner City Press attended Livigni's final pre-trial conference. It emerges that the prosecution's plan to try to seal the courtroom as in Conyers and Robinson will not, for now, go forward: the undercover will not testify. But where else will they make an 11th hour request / demand to seal, and why are these not disclosed earlier, and more systematically?  On August 28, a co-defendant: ORDER as to Andre Bethea: ORDERED that in the event the defendant does not plead guilty he shall proceed to trial on September 14, 2026. IT IS FURTHER ORDERED that any Trial Memoranda, Rule 404(b) motions and motions in limine shall be filed by September 2, 2026; opposition to any motions shall be filed by September 3, 2026. Two courtesy copies shall be delivered to the Courthouseon the day of filing. IT IS FURTHER ORDERED that any written Voir Dire requests or Requests to Charge shall be filed by September 2.

Filed later, and dated August 31, the AUSA asked to delay co-defendant Christian Cortez' September 18 sentencing to "avoid the risk of a juror in Mr. Livigni's trial being exposed to local press reporting on the sentencing of Mr. Cortez."  What are the odds of any local press other than Inner City Press reporting on that sentencing? As in US v. Robinson, in which the promised follow up order of safeguards for sealing the courtroom has yet to be filed, it's been turned into a game of cat and mouse.

The first case is US v. Marks, 23-mj-5518 (Wang)

The next case is USA v. Brown, et al., 25-cr-484 (Cote)

 More analysis on Substack here 

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