Skyfield
Wanted Speedy
Trial on Bronx
Ammo Charge
Pled Guilty
Now Wants
Fatico July 22
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
July 19 – Tyriek Skyfield was
arrested and charged with
being a felon in possession of
ammo, after a shooting in The
Bronx. He demanded a Speedy
Trial.
Next he
wanted to plead guilty on
January 3, 2024, the
prosecutors over the New Year
holiday said. It took place,
and Inner City Press was
there, see below.
Back on
November 9, 2023 he appeared
before U.S. District Court for
the Southern District of New
York Judge Lewis J. Liman for
a change of counsel. Inner
City Press was there.
The first
counsel said he would be
unable to represent Skyfield
in any trial in the 70 days of
the Speedy Trial Act.
The day's
CJA lawyer said the
same. Judge Liman
said his deputy will try to
find a CJA lawyer who can, and
set a January 16, 2024 trial
date.
After first
appearing to say that the AUSA
requested "wiggle room" was no
ground to exclude time, he
nevertheless excluded time for
a week, to find another
lawyer.
To some,
it might appear that fights
under the Speedy Trial Act are
contingent on being able to
pay for counsel.
The
complaint has photos depicting
Skyfield at the shooting, then
entering a Bronx strip club
wearing what the AUSA said was
a distinctive graphic T-shirt.
On November 16,
Skyfield got new CJA counsel.
On December 19
Judge Liman heard argument on
Skyfield's motion to suppress,
including his counsel
energetically questioning the
roles of NYPD and Probation in
identifying Skyfield, and
seizing his phone during
arrest in New Rochelle. Judge
Liman took that under
advisement, but denied release
on bond under the Violation of
Supervised Release standard.
On December 22
Judge Liman denied the motions
to dismiss and suppress,
noting the argument that
Probation Officer Pompei had
acted as a stalking horse for
the NYPD - and that the Ninth
Circuit theory does not hold
in the 2d.
On December 31,
the AUSA wrote in that
Skyfield wants to plead guilty
on January 3 and if Judge
Liman is not available, wants
to do it in the Magistrates
Court in light of the January
16 trial date....
Judge Liman
scheduled the plea for January
3 at 10:30 am. Then Skyfield's
counsel put in a letter and
attached emails with the US
Attorney's Office, in which
that Office declined to agree
to a conditional plea, or to a
bench trial with stipulated
facts. (Note that in US v.
Jatiek Smith the Office
opposed a bench trial, but
Judge Rakoff still granted and
held one).
On January 3,
Judge Liman said he did not
have the power to make the
prosecutors agree to a
conditional plea - and would
not do so, even if he could.
He said it was not a close
question. Skyfield proceeded
to plead guilty.
On April 23,
Skyfield's counsel wrote in
that he was not seeking to
commit a robbery and that 60
months would be appropriate.
On May 21, the US
Attorney's Office wrote it and
asking for 151 months;
sentencing was set for May 28
at 2 pm.
But on May 24
Skyfield's sentencing was
pushed back.
On July 19,
Skyfield's counsel wrote in,
before the sentencing set for
July 22, and said there are
disputes that "cannot be
resolved on documents alone,"
that require a Fatico hearing.
"Should the Court agree, the
Government represented that it
would not be ready to move
forward with sentencing on
July 22 at 11 am." Watch this
site.
The case is
US v. Skyfield, 23-cr-569
(Liman)
***
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