| In Bronx Gang Case Disputed Over
Protective Order 1 Pled now US Asks 181
Months on Co-D
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Dec 12 – In a multi-defendant
Bronx gang case, the language
of the proposed protective
order has given rise to a
dispute with briefing to
come.
On March
23, 2023 U.S. District Court
for the Southern District of
New York Judge Lewis J. Liman
arraigned three of the
defendants. Inner City Press
went and covered it.
All three
pleaded not guilty. One
defense lawyer disputed
including in the protective
order a line about witnesses
being under threat.
Judge Liman
pointed out that in bail
proceedings, Magistrate Judge
often make such findings. He
directed counsel to a recent
decision of his on protective
order, which he said should be
on Westlaw.
Defense counsel countered with
three recent SDNY cases in
which such language was not
included, two from the White
Plains courthouse and one by
Judge Hellerstein in 500 Pearl
Street. Judge Liman asked for
briefing, and set a next
conference for May 1.
On April 5, a
co-defendant came in:
"proceedings held before
Magistrate Judge Ona T.
Wang:Initial Appearance as to
Ervin Beamon held on 4/5/2023.
Deft. is present with counsel
Mr. Zaltzberg; AUSA James
Ligtenberg is present. Deft.
is detained on consent without
prejudice. Conference before
USDJ on 5/1/23 with Speedy
trial time excluded until such
date."
On July 31, as to
lead and co-defendant Kevin
Perez, the US Attorney's
Office wrote in "to inform the
Court that the Government will
NOT week the death penalty
against defendant Kevin Perez
in this case."
In September,
Judge Liman set the trial and
schedule for 2024: "Trial is
expected to last approximately
4 weeks. The Court set the
following pretrial and trial
deadlines at the conference.
Defendants' to make their
pretrial motions by November
30, 2023. Government's
responses due by January 5,
2024. Defendants' replies due
by January 19, 2024. A Motion
Hearing is scheduled for
January 25, 2024 at 11:00AM in
Courtroom 15C before Judge
Lewis J. Liman. Requests to
charge, proposed voir dire and
in limine motions are due by
August 16, 2024. Objections to
requests to charge and
proposed voir dire and
oppositions to motions in
limine are due by August 23,
2024. A Final Pretrial
Conference is scheduled for
August 28, 2024 at 11:00AM in
Courtroom 15C before Judge
Lewis J. Liman. A Jury Trial
is scheduled for September 9,
2024 at 9:00AM."
On April 15,
2024, counsel for co-defendant
Jossi Castro asked for a
non-custodial sentence.
On July 25, a
guilty plea in the case - with
an appeal waiver of any
sentence below 212 months:
Minute Entry for proceedings
held before Judge Lewis J.
Liman: Plea entered by
Nicholas Johnson (4) Guilty as
to Count 1.
On July 29, Perez
was in court with his retained
counsel, who asked to delay
the trial from September 9. He
got November 12, but bail was
denied, with video of deadly
shooting - and money made from
music the AUSA said was
bragging about the shootings -
cited.
On August 6 a
co-defendant who had tried a
pro se motion to dismiss --
docketed but not acted on --
came and pled guilty before
Judge Liman, who read out the
stipulated guidelines range of
181 to 211 months.
On October 23 the
US wrote in on co-defendant
Beamon asking for 157 months
on October 30.
On December 5
counsel to co-defendant
Johnson asked for 12 years,
citing the tuition policy of
Leman Manhattan Preparatory
School on December 19.
On December 12,
the US Attorney's Office wrote
in asking for 181 months.
The overall
case is US v. Perez, et al.,
23-cr-99 (Liman)
***
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