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5 Years in Prison for NYPD Officer Arrested For Kilo Fentanyl Sale now Co-D Gets 151 Months

by Matthew Russell Lee

SDNY EXCLUSIVE, Nov 25 – A NYPD officer who was on modified duty for three years was arrested and presented on October 20 in Federal court for trying to selling kilo-weight fentanyl. Inner City Press was there. She was released on $100,000 bond. 

  U.S. District Court for the Southern District of New York Magistrate Judge James L. Cott was presiding. Inner City Press thread.

[Echo of US v Mestre case Inner City Press first covered here]

 Judge: I am setting bail for Ms Baez: $100,000 bond with 2 co-signers. She can be released on her own signature today, home detention in her Arnow Ave home.

Jump cut to March 28, 2024 - Baez out of custody, and Martinez in from the MDC, appeared before Judge Denise L. Cote, who set an October 21, 2024 trial date. AUSA Weingarten said she had gotten the funds to blur a cooperating witness out of a video to be provided in discovery. There were supporters, for both, in the courtroom.

Jump cut to April 16, when she pled guilty: "GRACE ROSA BAEZ pled guilty today to conspiracy to distribute and possess with intent to distribute heroin, fentanyl, and para-fluorofentanyl.  BAEZ pled guilty before U.S. District Judge Denise L. Cote."

On June 25 Baez's lawyer asked to push sentencing into September, supplementing the request on June 26. Judge Cote then denied the request, reiterating that the sentencing remains July 18.

On July 12, Baez' lawyer wrote in, citing Stockholm Syndrome and asking for "a period of home confinement."

On July 16, the US Attorney's Office wrote in asking for 71 months. Sentencing is set for July 18.

Inner City Press went on July 18. The Assistant US Attorney reiterated the request for 71 months, noting that the plea deal had taken the otherwise applicable 10 year minimum off the table.

Defense counsel focused on domestic violence, and asked for no prison.

Baez when she spoke said she used to go to work with a bruised face, "it was insane."

Judge Cote accepted as fact that Baez was abused, but said the badge was abused to. She sentences Baez to 60 months - five years - to begin on September 6.

On August 12 co-defendant Cesar Martinez, in a redacted submission saying he is not well, asked for 121 months, one more month than the 120 month minimum, scheduled for August 20.

Then docketed on August 14, Cesar Martinez himself wrote in asking for a new lawyer, including a dispute about whether the weight of drug packaging should count...

On August 16, just as the government wrote in asking for 151 months, Judge Cote set a change of counsel proceeding for August 20.

On August 20, the change of counsel was effectuated - and the AUSA was told to calculate the drug weights by August 30, with a defense letter due September 20. Detention was continued.

On Novembe 4, Judge Cote issued an order that "having received the defendant's letter of November 4 which will be filed under seal... defense counsel should be prepared to address the letter at defendant's November 8 sentencing."

In fact, the sentencing took place on November 25, and he got 151 months: "JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 11/22/2024. Defendant Cesar Martinez (2) pleaded guilty to Count(s) 1. Count(s) 2-4 are dismissed on the motion of the United States. IMPRISONMENT: 151 months. (Signed by Judge Denise L. Cote on 11/25/2024)."

More details and history on X for Subscribers here and Substack here.

The case is now US v. Baez et al., 24-cr-164 (Cote)

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