SDNY COURTHOUSE, July 26 – A thirty year old man accused by the government of distributing pornographic images of infants and bragging that he was grooming an 11 year old boy was freed on bond to his mother's house in Freehold, New Jersey. Now he wants more freedom, including access to a computer and a daily jog through his mother's community. There was a conference on these requests on July 26 and Inner City Press was (the only media) there.
Pivnick's lawyer Matthew Myers did better than might have been expected. U.S. District Court for the Southern District of New York Judge P. Kevin Castel, while declining to let Pivnick start using the computer again, did grant the request for a jog or walk, with mother or step-father, from 6:30 to 7 pm every day. Myers emphasized the route is right along the highway. It's all to be committed to a letter, that should go in the docket.
Also to be continued are Pivnick's forays on public transportation into Manhattan, 32 Broadway and and elsewhere. The government asked why evaluation and treatment in New Jersey wouldn't suffice. But the lower Broadway doctor said any change would be traumatic.
Myers read out a statement from Pivnick, that he has "no ill feelings toward law enforcement." Myers has visited the FBI to see some of the discovery. Inner City Press will continue to cover this case.
On June 25 Pivnick and his mother appeared before Judge Castel, to whom the case has been assigned. Pivnick's lawyer asked that he be allowed to use a computer again, allegedly to pay his student loans.
Judge Castel asked why he can't pay with a paper check and a stamp. There was no answer.
Pivnick's mother has run out of vacation and sick days for her job as a U.S. Customs broker for the government. His lawyer wants to remove the requirement that she accompany him on his trips to Brooklyn to the therapist, and be replaced by lifelong friend Matthew Kelly, M.D.. On June 25 the case was kicked until September.
But on July 13 Pivnick's lawyer Matthew D. Myers from high in the Chrysler Building wrote to Judge Castel that Pivnick "be able to exercise for 30 minutes per day by running along the trail within his parents' community where he is living." But Pretrial - not Pre-trail -- Service has confirmed that this community contains many minor children. What was the purpose of the release on conditions?
There's also this, unresponded to as of July 25: "Pivnick has been taking Zyrtec-D because of his serious allergic reaction to the cats in his parents home. Zyrtec-D is an over the counter medication which ha been known to cause false positives for methamphetamines." So get ready for Pivnick to come up positive, then.
It is difficult not to compare this release on conditions, and the striking disparity in coverage by media other than Inner City Press, to the case of Jeffrey Epstein. What will Judge Castel say, and AUSA Thomas John Wright, say? Inner City Press will continue to cover this.
Back on June 5 in the SDNY Magistrates Court with Inner City Press the only media present, Pivnick was led out of the cell block to to the office on the side of the Magistrates Court.
Pivnick on June 5 emerged with a piece of paper, and a smile. The docket, however, showed nothing. See also Patreon and June 25 Patreon.
On May 30 Bryan Pivnick was brought in foot shackles before SDNY Magistrate Judge James L. Cott after 6 pm. Assistant US Attorney Thomas Wright, who later confirmed the spelling of Pivnick's name to Inner City Press, argued for detention.
He described Telegram messages on February 10, 2019 in which Pivnick said he was "getting close to the 11 y/o bro" of his boyfriend. Thesame 11 year old was found in Pivnick's apartment when he was arrested.
Now on May 31, with requests to various authorities unanswered, there is this from the now public complaint: Bryan Pivnick is also known as "magnapraeda." FBI Agent Matthew Deragon swore, before Judge Cott agreed to free Pivnick, that he had found on Pivnick's cell phone images of penetrated infants in diapers, also a male child one to three years old.
The full quote alluded to on May 30: "I'm trying to get close to a buddy's 11yo bro [devil emoji]." He then told another now incarcerated "User-2" that "I'd love to share." They confirm Pivnick lived in Manhattan - see Patreon.
Pivnick's Federal Defenders lawyer Philip Weinstein protested that the 11 year old is the son of Pivnick's boyfriend and that the photos were not naked - they were at a museum. "The SPY museum," Pivnick audibly said.
Pivnick's mother and step-father were in the gallery. When Pivnick was brought in his mother cried and left courtroom. Later she spoke up to tell Judge Cott that her home in New Jersey has "Raid security" which can film whomever approaches it.
Judge Cott said he would take a recess to decide. But before that happened, none other than the mother of the 11 year told, a Ms. Chapman, spoke up from the gallery. She said that while she will never again allow her son to see Pivnick, they had shared a dog together, that she had paid for.
She objected to AUSA Wright saying Pivnick doesn't have steady work, noting that he works 11 hours a day on a musical, albeit not for money.
While Cott and his Deputy Mr. Tan never read out the index number of the case, online research by Inner City Press found a Bryan Pivnick who is described in Marymount Manhattan Magazine in 2010-11: "Early this spring semester, Bryan Pivnick ’11 brought the beginnings of a song to class. He wasn’t sure where he was going with it, but wanted to get some feedback to help guide him. Students reacted with confusion to his phrasing and were unsatisfied with his rhyme schemes. In a previous class, Pivnick, a theatre arts major, had received favorable responses from the class when he shared a song from a separate project, a developing musical in which he had provided the class with clear characters and context for the direction those songs were taking."
Bryan Pivnick also registered with GoDaddy a website named TheDramatistsLab.org. It is not live. An address on the Upper West Side is also listed but no longer seems relevant for this format. (But see Patreon, here.)
Cott emerged and said that, unlike a homeless man less than an hour later whom he remanded to the MCC for online threats to DC Mayor Muriel Bowser, of whom Pre Trial Services noted "ties to Nigeria," Pivnick could be freed. His mother will put up her home and agree to have her computer and other electronics password protected. Pivnick is not to see the boyfriend, who is now a witness. In the back of the Mag Court, Ms. Chapman was discussing what was on Pivnick's phone. Then the homeless man was remanded, his bond application denied.
The next hearing for Pivnick is in September. Inner City Press and @SDNYLIVE will be there.
