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Of 10 in Kidnap of Bronx Minor Case US and Frias Got 12 Years Now Exam on Ear Dispute

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 10 – Ten defendants were charged with conspiracy to kidnap a minor, following a robbery of a marijuana business in The Bronx.  They appeared, most of them in custody, before U.S. District Court for the Southern District of New York Chief Judge Laura Taylor Swain. Inner City Press was there. 

 One defense lawyer said there is an interest in a co-defendants' meeting, but that he doubted MDC-Brooklyn would agree to host it. Chief Judge Swain asked the Marshals if it would be possible in the courthouse.

   By the proceeding's end, she was told that the Marshals could try to arrange it, if given advance notice. 

Jump cut to July 22, when counsel for co-defendant Jadel Araujo wrote in request a date in September for a change of plea before the District Judge. It was granted: "as to Jadel Araujo - A plea hearing is hereby scheduled to proceed in this case on September 4, 2024, at 11:30 A.M. DE 185 resolved. SO ORDERED."

On August 9 counsel to co-defendant Ortega filed motions for discovery, narrating that "she never laid a hand on the victim. Rather, she complained to the co-defendants who were assaulting him that they should stop, she asked one of the co-defendants to give water to the victim."

On November 19 a co-defendant pled guilty: " Change of Plea Hearing as to Joshua Torres held on 11/19/2024. Defendant Joshua Torres sworn. Defendant withdrew not guilty plea, waived reading of the Indictment and entered a plea of guilty as to Count One (1) of the Indictment. PSI ordered. Sentencing is scheduled for 3/4/2025 at 2:30pm for this case. Defendant continued remanded."

On December 6 for the December 18 sentencing of co-defendant Toribio, counsel asked for time served.

On January 14 on Araujo counsel wrote in asking for 80 months total in this and another case. Sentencing was set for January 28.

On January 23, the US Attorney's Office wrote in asking for 146 months.

On January 28, he got... 145 months: "Defendant is sentenced to 124 months of imprisonment as to Count One (1), to run consecutively with the sentence of 21 months of imprisonment imposed in U.S. v Araujo, 22 crim 539 (LTS), for a total of 145 months."

On February 11, co-defendant Randy Bautista entered a plea of guilty as to Count One of the S6 Information. PSI ordered. Sentencing was scheduled for June 24."

On February 26 the US Attorney's Office wrote in asking for 168 months on co-defendant Torres; sentencing was scheduled for March 4.

Torres was sentenced to 84 months.

On April 1, counsel for co-defendant Bratini asked for time served (22 months) on April 15.

On April 9, the US Attorney's Office asked for five years on Bratini.

On April 15 Bratini did not get time served - and was told that he is "amendable to deportation" and must comply with directives of the immigration authorities. He was wished well, wherever he ends up.

He was sentenced to 42 months.

On June 9,  "Defendant Edwin Ramirez withdrew not guilty plea, waived reading of the Indictment and entered a plea of guilty as to Count One (1) of the Indictment. PSI ordered. Sentencing is scheduled for 9/30/2025 at 2:30pm. Defendant continued remanded."

On June 10 co-defendant Bautista asked for time served on June 24. On June 18, the US Attorney's Office wrote in asking for "the stipulated Guideline sentence of 60 months imprisonment" on that date.

On June 24, docketed June 26, Bautista got a year and a day, allowing for good time credit.

On September 8 the US Attorney's Office asked for 188 months on co-defendant Castillo, set to be sentenced on September 15.

On September 12 Castillo's lawyer turned in his transcript of interviews conducted on September 11 with community residents saying they would welcome Castillo back into the community.

On September 19 both the US Attorney's Office and counsel to co-defendant Valentine Frias wrote in asking for the 180 months they had agreed to, with sentencing set for October 2.

Inner City Press went on October 2. Frias said he was sorry, both side asked for 15 years, as Probation had. Chief Judge Swain after break said 12 years was the appropriate sentence. The defense cited an ear condition and the things in the prison system may be worse under the government shutdown

On October 10 the US Attorney's Office wrote in that contrary to counsel's representations, on September 24 the defendant was taken to the Ambulatory Care Center at the Brooklyn Hospital Center... he said he felt he had a piece of tissue in his ear canal, but no foreign body was found in the canals. MDC has scheduled an appoint for the coming weeks.

More on this case and the shutdown and the court(s) on X for Subscribers here and Substack here.

The case is  USA v. Castillo, et al., 1:23-cr-279 (Swain)

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