| On
Fentanyl Death
in Bronx
Daycare Judge
Rakoff Urges
SDNY Proffer
with Grei
Mendez
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
Oct 9 – 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."
On July 11,
another guilty plea, Inner
City Press was there, thread:
OK - now in Bronx
deadly fentanyl daycare case,
defendant 5 Jean Carlo
Amparo Herrera is pleading
guilty to a lesser included
offense.
Judge: Where are
you from? Herrera: Dominican.
Judge: Are you satisfied with
your lawyer?
Herrera: Si.
Judge: Do you wish to plead
guilty? Herrera: Si.
[it appears
family of child who died are
here] Judge: The agreement has
a five year mandatory minimum.
I will hardly considered the
guidelines. I have been given
a copy of a letter agreement
stipulating the guideline is
210 to 260 months
How do you plead?
Guilty.
Sentencing was
set for October 22 at 4 pm.
On August 27, he
got a new lawyer, neither
Federal Defenders nor CJA, but
paid through CJA.
On October 8 Grei
Mendez had a pre-trial
conference and Inner City
Press went, thread:
All rise!
Judge Rakoff: I am informed
that Ms. Mendez is asking to
change lawyers. I will hear
this ex parte. I ask everyone
else to leave, including my
favorite reporter...
Re-admitted to
courtroom Judge Rakoff is
inquiring about separating Ms.
Mendez from her kids.
Judge Rakoff
strongly encourages the SDNY
prosecutors to rethink
proceeding against Ms. Mendez
with a high mandatory minimum,
saying most Federal judges
don't like such mandatories.
Then he says he'll speak with
Ms. Mendez again- with
everyone else out of the room
I
We're back in. At
the podium, a chief of
narcotics unit. Judge Rakoff:
Under Preet, the Office didn't
allow chiefs to try cases. I
was against that, as a former
chief. Can you? A: Those who
can't, chief
Judge Rakoff: Why
not do a proffer session with
Ms. Mendez? Before 20 year
mandatory minimum? Chief:
We'll speak with her. Judge:
Let me know by tomorrow.
Chief: We'll have that
decision today. Judge Rakoff:
I might want to talk to Damian
Williams
He
directed the sides to call in
by the end of October 8. Inner
City Press is watching the
docket.
More on Substack
here
The case is US v.
Herrera Garcia et al.,
23-cr-504 (Rakoff)
Watch this site.
***
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