| On
Fentanyl Death
in Bronx
Daycare Judge
Imposes 45
Years Urges
SDNY Mendez
Proffer
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
Oct 16 – 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 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
And on October
16, this 45 year sentence:
"FELIX HERRERA GARCIA was
sentenced to 45 years in
prison for trafficking
fentanyl out of a daycare in
the Bronx, which resulted in
the death of one child and the
poisoning of three others."
On the other hand
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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