By Matthew Russell Lee, Patreon Video Photo
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SDNY COURTHOUSE, June 11 – Columbia University doctor Robert A. Hadden was hit on September 9 with a Federal indictment charging that "sexually abused dozens of female patients, including multiple minors, under the guise of conducting purported gynecological and obstetric examinations."
The case was assigned to U.S. District Court for the Southern District of New York Judge Richard M. Berman, who handled the case of Jeffrey Epstein until he died in the Metropolitan Correctional Center. Epstein came up during the bail argument, which Hadden won. Inner City Press live tweeted it, below.
On December 23 Judge Berman denied Hadden's request for a taxpayer funded lawyer, and said that Clayman & Rosenberg LLP which represented Hadden at his arraignment and since should remain on the case.
On December 24 as Inner City Press within minutes reported that firm, through Wayne E. Gosnell, Hr. and Isabell Kirshner, wrote to Judge Berman arguing they only represented Hadden on bail, criticizing the process and result of them being kept in the case. They say that "as officers of the court" they will file a redacted financial statement, but that they want out. See below.
On April 15, 2021, Hadden's Federal Defenders wrote to Judge Berman seeking to push the trial back into 2022. The letter has a number of redactions. But hours later, this:
ORDER as to Robert Hadden: Based upon the record herein, the submission of Defense counsel, dated April 14, 2021, the submission of Government counsel, dated April 15, 2021, and the continuing COVID pandemic, the pretrial motion schedule; the trial submission schedule; and trial date are modified as follows: 1- Defense pretrial motion is due August 2, 2021; 2- Government response is due September 2, 2021; 3- Defense reply (if any) is due September 15, 2021; 4- Trial will commence on Wednesday, January 5, 2022; 5- Motions in limine, joint proposed jury charges, joint proposed voir dire, joint proposed verdict sheet, joint list of names and places, are due on November 15, 2021; 6- Responses to motions in limine are due on November 22, 2021; 7- A final pretrial conference will be held on Wednesday, December 15, 2021. (Signed by Judge Richard M. Berman on 4/15/2021)."
But even now on May 5, Hadden's Federal Defender has written to the US Attorney's Office including to "please set forth whether Anthony DiPietro, the civil lawyer suing Mr. Hadden, and the US Attorney's Office / FBI are sharing information... some appears to be subject to a protective order entered by Judge Billings in NY Supreme Court Index # 152438/20017, Order dated July 26, 2019 (NYSECF # 236)."
Now on June 11, the US Attorney's Office has asked to further delay Hadden's trial, this time from January 5, 2022 to March 2020, citing one AUSA leaving, and AUSA Maurene Comey no longer assigned to the case. Watch this site.
Back on December 26, Judge Berman denied and criticized their letter: "Defense counsel Gosnell and Kirshner’s 10-page letter to the Court in this case, dated December 24, 2020, is respectfully rejected. And, the Court’s Decision & Order, dated December 23, 2020, remains fully in effect. If defense counsel intended or intend to seek or obtain specific action or relief from the Court (or any of the Court’s staff), they must do so in a written motion, and in accordance with the Federal Rules of Criminal Procedure and the Court’s individual rules. See e.g. Fed. R. Cr. P. 47. If counsels’ intention in sending their December 24 letter to the Court was to share their stream of consciousness musings and opinions following the Court’s Decision & Order, even if their letter had been factually and/or legally correct, their letter was improper (and quite rude)."
On December 28, the lawyers followed up by filing a motion: "Dear Judge Berman: We are temporary counsel to Robert Hadden. We write following (1) this Court’s Decision & Order dated December 23, 2020; (2) Clayman & Rosenberg LLP’s Letter Motion dated December 24, 2020; and (3) this Court’s December 26, 2020 Order rejecting Clayman & Rosenberg LLP’s Letter Motion. Pursuant to the December 26 Order, Clayman & Rosenberg LLP will be filing a motion that addresses its status as counsel to Mr. Hadden in this matter and Mr. Hadden’s application for court-appointed counsel."
Judge Berman after-hours on December 28 granted some, but said the unsealing must proceed: "MEMO ENDORSEMENT re: [38] LETTER MOTION re: Briefing Schedule and Partial Stay of Decision & Order as to Robert Hadden (1). ENDORSEMENT: Defendant's proposed motion is acceptable with with two modifications: (1) no stay of redactions; and (2) Government response to Defendant's motion is not optional. (Signed by Judge Richard M. Berman on 12/28/2020)."
As Inner City Press predicted on December 24, it seems they might appeal.
Then on January 12, a referral from Judge Berman, to Magistrate Judge Ona T. Wang.
Inner City Press live tweeted the proceeding on January 15, here
On January 20, Federal Defender Deirdre D. von Dornum asked Magistrate Judge Ona T. Wang to reconsider her order that Hadden must transfer $100,000 of his $130,000 to the SDNY Clerk of Court. She points out that $11,800 is supposed to be the maximum and proposed $2000 a month.
Judge Wang held a proceeding on February 4 and Inner City Press live tweeted it here:
Judge Wang: I found Mr. Hadden was partially eligible for appointed (publicly-paid) counsel. I will reconsider, now with financial statements provided in redacted form
Here's from Hadden's financial statements, put into the docket in this case (of the type still being withheld as to Michael Avenatti despite Inner City Press' pending application to unseal, here)
Hadden says he's had to fix his water heater.
Judge Wang: I am going to vacate my previous order that Mr Hadden pay $100,000. Instead, this is my directive: Federal Defenders should keep track of their time monthly, & Mr Hadden is to pay it to the Clerk of Court
Federal Defenders: Will it be at the CJA rate? With the applicable cap?
Judge Wang: Yes. If the cap comes into play, we will consider it then. [$12,000?] Adjourned.
Watch this site.
On December 23 Judge Berman, in a 9 am proceeding that Inner City Press covered, recounted how Hadden disclaimed his share of a $2 million inheritance from his father (in favor of his children), and transferred funds. His affidavit will be made public - while Inner City Press has filed to unseal that of Michael Avenatti, here.
Talk turned to putting a foot on the gas pedal for discovery. Thread here.
It emerges that Judge Berman granted modifications to Hadden's bond - and the sealing of the names of non-family suretors. No notice to the press and public was provided.
On October 21 Judge Berman held a proceeding, and Inner City Press live tweeted it here:
Judge Berman is starting - says Hadden wants a tax payer funded lawyer now (like Michael Avenatti has gotten, while sealing his affidavit for now, here, like Parnas co-defendant David Correia).
Judge Berman says he wants more information from Hadden. Judge Berman: We need a more professional and up to date financial affidavit. I want one that is notarized, accompanied by a certified financial report prepared by an accountant. [Could most low income defendants do this? What are the rules/ And will it be public?
Now Pre-Trial Services from NJ is on the line. Judge Berman: I need more than back of the envelope type information, before I can determine if he is entitled to appointed counsel. We're going to have to do a do-over.
Q: Like in a pre-sentence report? Judge Berman: I want three years of financials, certified. Then I'll take a look. For the moment, I prefer that current counsel remains in the picture. Any questions? So, the 2d issue, I want to hear from pre-trial services
Pre-trial: No issues. He calls in when need. Judge Berman: He has other obligations. A mental health evaluation & therapeutic counseling. Pre-Trial: I have spoken with his psychiatrist. Judge Berman: Did you mention a name?
Pre-Trial: They are meeting on Zoom
Hadden's lawyer: That should be ex parte, not public - like the suretors are not public. Some might target them, members of the public who have an agenda.
Judge Berman: I don't agree as to professionals. Over your objection, I am going to ask for the names.
Pre-Trial: Susan Powders (sp), psychiatrist and Dr Mirantz, psychologist, tele-health. Judge Berman: I had requested documents from the NYS court proceeding, the plea and sentencing transcript [Inner City Press note: echoes of Epstein, Florida state proceeding]
Judge Berman: You've said you want to avoid additional adverse pre-trial publicity - that is, to not file the NYS transcripts. But they are publicly filed documents, including the risk assessment repeated in the NYS sentencing proceeding Inner City Press
Judge Berman: You've argued that the non public nature of the documents is based on the practices of the NY County DA
Judge Berman: Frankly I didn't see much that was private in those documents... There was a written waiver of a right to appeal... the SORA risk assessment (Judge Berman reading from a transcript)
Judge Berman: The NYS documents were relied upon, so I am going to file on the public docket: the NYS indictment, the NYS plea transcript, the NYS sentencing transcript, the risk assessment, the NYS plea agreement and the email between the ADA and Hadden's counsel
AUSA: If Hadden gets a taxpayer funded CJA lawyer, the government is only aware of conflicts of interest with regard to Debevoise and Paul Weiss, but not with Federal Defenders.
Hadden's lawyer asks how to get anything notarized due to COVID. Judge Berman says he's looking forward to it. Sets next conference for after election day. Nov 12, 9:30 pm.
On September 25 Judge Berman held a proceeding, and Inner City Press live tweeted:
Hadden's lawyer emphasizes he stopped practicing medicine in 2012. AUSA wants names redacted; says her Office forwards all court date info to the victims.
Judge Berman: If you send me a joint letter, maybe the next status conference won't be needed. First is the conditional discharge that was subject to the plea agreement. Was it for three years? Or one year?
Judge Berman: And what's the level of Mr. Hadden's reporting in New Jersey, where he lives?
Q: Is the Court asking the District Attorney's office to say why it accept, for Mr. Haddan, Level 1?
[NOTE: While NY DA is playing hero in 2d Cir, looking baaad here.]
Hadden proceeding wrapping up. Next is Oct 2, though that would be canceled if bail issues are resolved. There's a letter due about what NY District Attorney did on Hadden
Inner City Press will continue on this.
Back on September 9 close to 10 pm, Hadden emerged from Pre-Trial then the courthouse. Inner City Press and three others sought to ask him questions, about the victims' statements and double jeopardy. He did not answer. A man in an FBI t-shirt led him first up Mulberry Street, then past the NYC criminal court at 100 Centre Street and finally out to Broadway and Reade Street where a taxi was waiting for Hadden. Periscope video here.
SDNY Acting US Attorney Audrey Strauss held a press conference about the case on September 9.
Inner City Press asked her if the indictment had been returned by a fully in-person grand jury, or if it had included a virtual component of the type being questioned in the CIA / Joshua Schulte, Melzer, Balde and other cases.
US Attorney Strauss said the indictment was returned in the normal course, by a sitting grand jury. Periscope video here. Alamy photo here. She declined to say whether her office would be seeking detention pending trial, or agreeing to a bail package as they did in the recent case of indicted UN rapist Karim Elkorany.
There was no mention at the press conference for the charges against Hadden made publicly by Evelyn Yang, the wife of Andrew Yang, and not much mention of Manhattan DA Cyrus Vance.
Hours later, a bail proceeding before SDNY Magistrate Judge Robert Lehrburger (and not the Magistrate on duty on September 8, Barbara Moses). Inner City Press live tweeted it:
Speaking for the US is AUSA Maurene Comey...
Judge Lehrburger: We are proceeding under the CARES Act. This is open to the press and public. Any recording is prohibited. Hadden's lawyer: We are only representing him for this proceeding
Judge Lehrburger: You have the right to remain silent... You have a right to be released unless I find danger to the community or risk of non-appearance for future court proceedings. [Note: Ghislaine Maxwell was found a risk of flight]
Judge Lehrburger: You are charged with six counts of Enticement and Inducement to Travel To Engage In Illegal Sex Acts. Hadden's lawyer enters not guilty plea. AUSA Maurene Comey: The government seeks detention as risk of flight.
AUSA Comey: Today, the government has communicated with 20 victims. They all say he should be detained. He has the financial means to flee. Because of the minor victim, there is a statutory presumption of detention that cannot be overcome.
AUSA Comey: He abused dozens of victims, including multiple minors, as prominent institution's [Columbia U] OB-GYN. He would sent nurses out of the room. [Did they ever report it?]
AUSA Comey: He conducted unneeded breast exams. He touched genitals without any medical purpose. He attempted to stimulate them, to gratify himself. For two decades. One victim, he had delivered as a baby
AUSA Comey: The women traveled to see him because he worked at a prominent institution. [What about Columbia?]
The case is US v. Hadden, 20-cr-468 (Berman / Wang).
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