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Gun Defendant Bailed Inner City Press
Asked USA Co Defendant Found Competent
By Matthew
Russell Lee, Patreon Maxwell
Book
SDNY MAG COURT
EXCLUSIVE, June 11 - In
the U.S. District Court for
the Southern District of New
York on July 27, 2022 a
detention or release
proceeding was held by
Magistrate Judge Sarah Netburn
on a defendant charged with
firearms use, carrying and
possession in a narcotics
conspiracy that was not, in
the proceeding, named.
It was Own
Every Dollar, the subject of
an SDNY / Manhattan DA press
conference on August 2
announcing the unsealing of a
superseding indictment for
multiple murders including in
The Bronx. Why is the Bronx DA
not involved?
At the August 2,
2022 press conference, the
Bronx DA was
name-checked. Inner City
Press asked US Attorney
Williams about Jose Gutierrez
being ordered released last
week - an appeal stopped it -
and when the superseding
indictment for murder was
known of. He cited a detention
memo and upcoming Magistrates
Court proceeding. Thread here.
On October 30,
2023, DOJ announced it would
not seek a death penalty:
"LETTER by USA as to Jowenky
Nunez, Jr addressed to Judge
J. Paul Oetken dated
October 30, 2023 re: Decision
by the Department of Justice
NOT to Seek the Death Penalty
Document filed by USA."
Inner City
Press went to the bond appeal
hearing of Gutierrez back on
August 3, 2022 before Judge J.
Paul Oetken who has the
overall case.
On August 24 in
the same case, Superseding
Indictment 4, four more
co-defendants were brought
into SDNY Mag court, arrested
the day before. The AUSA asked
for all four to be detained.
Inner City Press was present
and live tweeted, here
On February 27,
2024 one of the defendants was
in the SDNY Magistrate Court,
before Magistrate Judge Gary
Stein, to plead guilty. Inner
City Press was there - the
defendant expressed concern
that his allocution might be
used against co-defendants.
The AUSA said it would be
hearsay; Judge Stein added
that a Supreme Court decision
had put an end to such use.
The change of plea proceeded -
and was accepted, including to
a murder on Andrews Avenue in
The Bronx, for 30 years:
"plea today of
MAYOVANEX RODRIGUEZ, a/k/a
“Menorcito,” in connection
with his criminal activities
as a member of the violent
gang Own Every Dollar (“OED”),
including the 2022 murder of
Anthony Savarese.
RODRIGUEZ pled guilty today to
several charges, including
murder through use of a
firearm, before U.S.
Magistrate Judge [Gary
Stein.]"
There are been
other guilty pleas. The case
continues.
During the
July 27, 2022 proceeding,
with Inner City Press the only
media present, the defendant's
retained attorney referred to
a bail application he had
filed with the assigned
District Judge J. Paul Oekten.
Magistrate Judge Netburn
hadn't gotten or seen it and
so took a break in the back to
do so.
Inner City
Press has found the letter on
PACER, complete with the
defendant's sister Josemary's
financial information from her
employer, J.P. Morgan Chase.
Judge
Netburn returned, and noted
the presence of the
defendant's mother Flor in the
gallery. She said she would
release the defendant with his
mother as a third party
custodian, charged with
notifying the authorities if
her son so much as
communicates with
co-conspirators. She nodded.
The
Assistant US Attorney asked
for a stay, to consider an
appeal to Judge Oetken. Judge
Netburn said stay through
Friday.
When was
the superseding indictment
known about?
The stay then was
extended
at least through August 3:
"ORDER as to Jose Gutierrez...
IT IS HEREBY ORDERED THAT: The
defendant's release on bail is
stayed pending the outcome of
the August 3 bail hearing by
this Court. SO ORDERED. (Bond
Hearing set for 8/3/2022 at
03:00 PM before Judge J. Paul
Oetken.) (Signed by Judge J.
Paul Oetken on 7/27/22).
On November 20,
2023, co-defendant Victor
Colon was sentenced to a year
and a day (to allow so-called
good time credit).
On December 7,
co-defendant Esteven Joaquin's
lawyer asked for time served
with six months home
confinement in the Exodus
program. There is a 12 page
partially redacted mitigation
report.
On December 13,
still calling him Steven, the
US Attorney's Office asked for
"at least 84 months... for
defendant Steven Joaquim."
On June 11, 2024,
the US Attorney's Office wrote
in that Dr. Cheryl Paradis has
found co-defendant Wilson
Mendez mentally competent, in
a sealed exhibit.
The overall case
is US v. Nunez, et al.,
22-cr-293 (Oetken / Figueredo)
***
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