| In Bronx Gang Case Disputed Over
Protective Order 1 Pled Now Rap Music on
Trial Briefed
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
March 5 – 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.
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.
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: "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.
On January 7,
2025, Judge Liman denied
motions.
Docketed on
January 8, delay granted: "The
Jury Trial is rescheduled to
March 10, 2025."
On March 4, Judge
Liman ordered Perez' counsel
to answer by March 7 to the
US' argument that "certain rap
video excerpts should be
admitted" - "selfie-style
clips, 'I really rap what I
live.'" Inner City Press is
covering this.
The overall
case is USA v. Perez, et al.,
1:23-cr-99 (Liman)
***
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