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On Fentanyl Death in Bronx Daycare Herrera Garcia Pled Now No CJA On Saturday Slammed

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 13 – Following the death of a one-year old baby by fentanyl, on September 19, 2023 the US Attorney for the Southern District of New York charged Grei Mendez and Carlisto Acevedo Brito.

On September 25, with no notice and Inner City Press initially the only person in the courtroom gallery, the third man was brought in: Renny Antonio Parra Paredes. Inner City Press live tweeted, thread

On January 23, Paredes' lawyer argued, and lost, before the assigned District Judge Jed S. Rakoff: "Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument as to Felix Herrera Garcia, Grei Mendez, Carlisto Acevedo Brito, Renny Antonio Parra Paredes held on 1/23/2024. The trial date is adjourned to 6/10/2024

On February 12, Inner City Press went to a possible change of counsel hearing on lead defendant Felix Herrera Garcia - but soon Judge Rakoff asked everyone but Herrera Garcia and his still counsel to leave the courtroom, "even my favorite reporter."

On June 10, the day of jury selection on Herrera Garcia, his trial was canceled; he pled guilty.

On June 13, Judge Rakoff issued a blistering order chiding Federal Defenders and the US Attorney's Office, and recommending that CJA counsel henceforth be available on Saturdays: "OPINION as to Grei Mendez: While the Court is extremely disappointed with the conduct of the Federal Defenders and the Government in this case, it also recognizes the role that this District's standing policy of not requiring CJA counsel to be on call on Saturdays had in precipitating the events of September 23, 2023. If this District, instead, had a standing policy that provided for CJA counsel to at least be on call on Saturdays, this entire situation would never have occurred. Accordingly, the Court has recommended to the relevant committee of this Court that it revise this policy so as to ensure that indigent defendants always have immediate access to conflict-free counsel and permanently prevent the misconduct that occurred here from happening again in the future. (Signed by Judge Jed S. Rakoff on 6/13/2024)."

Back on March 21, Grei Mendez was brought into the Magistrates Court to be arraigned on a superseding indictment. Inner City Press was there, thread

the Court severed Ms. Mendez from the jury trial of her co-defendant set to proceed on June 10, 2024, and a new trial will be calendared in her case."

More on Substack here

The case is US v. Herrera Garcia et al., 23-cr-504 (Rakoff)

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