| Arias
Casilla For Drug Sentencing Has Evidence
of Warrantless Search In So Briefs to
March 31
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
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SDNY COURTHOUSE,
Jan 25 – Omar Arias Casilla is
charged in a drug conspiracy.
He has asked to be released on
bond.
On
September 7 U.S. District
Court for the Southern
District of New York Judge
Analisa Torres held a bail
reconsideration hearing. Inner
City Press covered it.
Judge
Torres asked about an
affidavit from Arias'
employer, also signed by an
Arias.
No relation, the
defendant said.
Judge Torres
found that defendant had not
met his burden of production.
Release was denied.
Jump cut to
January 3, 2023: "ORDER as to
Omar Arias Casilla. On
November 16, 2022, the Court
held a Fatico hearing to
determine whether evidence
seized from a warrantless
search of Defendant Omar Arias
Casilla's apartment may be
considered at sentencing. The
Court deferred consideration
of the issue and directed the
parties to file briefs
regarding the admissibility of
the Exhibits. Dkt. Entry
11/16/22; Hearing Tr.
112:25113:2, 115:720. Having
reviewed the parties briefs,
the record, and relevant
caselaw, the Court concludes
that the Exhibits are
admissible and entitled to
substantial weight. The
Exhibits are therefore
ADMITTED as defense exhibits
69, respectively. The Exhibits
are admissible and entitled to
substantial weight.
Accordingly: Exhibit A, ECF
No. 78-1 at 23, is ADMITTED as
Defense Exhibit 6. Exhibit B,
ECF No. 78-1 at 4, is ADMITTED
as Defense Exhibit 7. Exhibit
C, ECF No. 78-1 at 5, is
ADMITTED as Defense Exhibit 8.
Exhibit D, ECF No. 78-1 at 6,
is ADMITTED as Defense Exhibit
9. (Signed by Judge Analisa
Torres on 1/3/23)."
And on January
25, a new schedule: "ORDER as
to Omar Arias Casilla: On
November 16, 2022, the Court
held a Fatico hearing to
determine whether evidence
seized from a warrantless
search of Defendant Omar Arias
Casilla's apartment may be
considered at sentencing. Dkt.
Entry 11/16/22; Def. Request
at 12, ECF No. 69. At the
hearing, Defendant sought to
introduce into evidence four
exhibits, to which the
Government objected. Gov.
Fatico Mem. at 1, ECF No. 81;
Hearing Tr. 110:11112:24. The
Court deferred consideration
of the issue and directed the
parties to file briefs
regarding the admissibility of
the Exhibits. Dkt. Entry
11/16/22; Hearing Tr.
112:25113:2, 115:720. On
January 3, 2023, the Court
ruled on the admissibility of
the exhibits. ECF No. 92.
Accordingly, by February 17,
2023, the parties are directed
to file briefs stating their
position on whether the
evidence seized from the
search of Defendant's
apartment may be considered at
sentencing. By March 10, 2023,
the parties shall file their
opposition briefs. By March
31, 2023, the parties shall
file their replies, if any. SO
ORDERED. (Signed by Judge
Analisa Torres on 1/25/2023)
The case is US v.
Arias Casilla et al.,
21-cr-218 (Torres)
***
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