SDNY COURTHOUSE, August 13 -- Just before the narcotics conspiracy trial US v. Ernest Murphy began jury selection on Monday, August 12 in the U.S. District Court for the Southern District of New York, Circuit Judge Richard J. Sullivan harshly admonished the SDNY US Attorney's Office for "abject violation of a court order."
Then he proceeded to pick a jury, a process that extended past 5 pm. In these report Inner City Press will omit jurors' names said in open court, and for now that of a cooperating witness whose identify as of this writing is still sealed in the docket, as are proceedings in US v. Rodriguez.
On August 13 Judge Sullivan told the jurors that if anyone they know comes into the courtroom to let him know and he might ask the person to leave the courtroom. Then Assistant US Attorney Karin Portlock, in a short opening statement, said after a raid on one of Murphy's stash houses he was arrested entering a Bronx courthouse with 15 bags of crack in his cap.
Defense attorney Joyce in an even shorter opening told the jury to pay particular attention to the DNA evidence in the case.
First witness Detective James Miles described an "abandonment sample" of a cigarette he said was Murphy's. But when asked why he stopped taking photographs of evidence in Murphy's bedroom in 401 Legion Street, Miles said he didn't want to touch the "white rocky substance" because he has kids. Joyce objected.
At one point Judge Sullivan, a former prosecutor, started doing his own questioning of Miles. We'll have more on this.
Without giving names, one prospective juror earlier in the process identified Ralph Avenue as a "low income area," and indicated that he would would not be unbiased regarding the drug charges at issue in this case. Another vocal prospective juror, citing his girlfriend's father having a legal role near San Fransisco, was also let go. But a late arriving juror replacing a sick one, a ran of the Seattle Seahawks, was kept on as an alternate.
Judge Sullivan took the opportunity to wax poetic on the diversity of New York juries. Due to one chosen member it seems even the morning session on Friday, August 16 will not take place. But Judge Sullivan while admonishing all and sundry not to trust or check the Internet predicts the trial will end mid-next week. Watch this site.
As a remedy for the abject violation of a court order, rather than the adjournment requested in writing by both sides over the weekend, Judge Sullivan on August 12 precluded use at the trial of hours of videos and jailhouse telephone calls. It makes the conviction of Murphy less likely; his lawyers switched their request for adjournment to preclusion. How will the US Attorney's Office answer for this? Inner City Press has asked that Office, for access to all exhibits and explanation of sealed proceedings.
On Sunday night before the trial scheduled for Monday morning, Murphy's lawyers Patrick Joyce and Robert Moore wrote to Judge Sullivan "to alert the Court that tomorrow morning we also intend to discuss [that] the late evening of August 10, 2019, the Government provided additional 3500 material to defense counsel via USAfx consisting of 70 phone calls made by the Cooperating Witness while in custody in this case."
Some evidence is being excluded; on other of the calls, defense counsel will be allowed to recall to the stand for cross examination government witness after having next weekend to review the 3500 material. The case is US v. Ernest Murphy, 18-cr-373 (Sullivan).
Also, the US Attorney's Office referred to "lab reports (primarily for reanalysis)—all but one of which we received on Friday and Saturday. We received lab report #5 corresponding to voucher 3000912001 (crack seized from Decatur) on August 1 and apologize for not sending that one along sooner."
Before Judge Sullivan on August 12, apology was not enough. He called it an "abject violation of a court order." But how will it impact the trial? Inner City Press has been covering this and other proceedings before Judge Sullivan, except one which the parties are trying to seal, here. Watch this site.
