| After Bronx
Drug Defendant Was Found Guilty US Opposes
Release But Does Not Docket
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
Oct 14 – In a multi-defendant
drugs and guns case there was
to be, and was, a jury trial
in the fourth quarter of
2021.
On
April 2, 2021 U.S. District
Court for the Southern
District of New York Judge
Valerie E. Caproni held a
proceeding. Inner City Press
covered it - and the trial.
The case
includes shootings on Willis
Avenue in the South Bronx.
Judge Caproni said she would
be asking for a trial spot in
the fourth quarter, but
couldn't yet know the date.
She said she
anticipated trying any
remaining defendants in a
single trial, "to the extent
possible in light of the
ongoing COVID-19 pandemic."
And the solo
defendant trial of Jose Caban
ran through October 19.
But just before it, the Bureau
of Prisons moved Caban from
the MCC to the MDC - and
declared he must be
quarantined.
On October
12 Judge Caproni
formally ordered that the
defense attorney must be
allowed into the MDC with
laptop to meet or "anyone in
the MDC who refuses to comply
with this Order must be
prepared to be held in
contempt of court." That did
not happen.
But on October 19
with a Magistrate Judge and
staff in the gallery the jury
came back, guilty. Inner City
Press was in the back row.
Jump cut to
October 14, 2025 when the US
Attorney's Office, following a
practice they adopted in a
case before Judge Torres that
Inner City Press has moved to
unseal, did the same here. But
Judge Caproni to her credit
docketed: "ORDER as to
(19-Cr-166-8) Isaiah Moss. on
July 17, 2025, Defendant moved
for compassionate release, on
July 29, 2025, the Court
ordered the Government to
answer, see Order, on October
10, 2025, the Government
opposed Defendant's motion,
filing its response with
redactions and Defendant's
medical records under seal,
see Dkt. 529; WHEREAS Rule 3.A
of the Undersigned's
Individual Practices in
Criminal Cases requires a
party seeking to file a
submission in redacted form or
under seal to file a letter
requesting the redactions and
sealing, indicating whether
the adverse party consents,
and explaining why redactions
or sealing are appropriate, in
light of the presumption of
access to the federal courts;
and WHEREAS the Government did
not file its letter request on
the docket; IT IS HEREBY
ORDERED that by Tuesday,
November 4, 2025, the
Government must file a letter
request that conforms with the
Court's sealing procedures."
The case is USA
v. Avila, et al., 1:19-cr-166
(Caproni)
***
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