By Matthew Russell Lee, Patreon Alamy photos
SDNY COURTHOUSE, Nov 16 – A now suspended Brooklyn Supreme Court judge Sylvia Ash was first brought by US Marshals on October 11, 2019 to be presented in SDNY Magistrates Court on charges of obstructing the investigation of fraud at the Municipal Credit Union, where she was a board member.
Then on November 4, 2019 she appeared with her Court Street lawyer Roger Archibald before SDNY Judge Lewis A. Kaplan. Things did not go well, see below.
On June 2, 2020 Judge Kaplan denied Ash's motion to suppress in its entirety (the 19 page Order is online), and noted this: "Archibald had an actual or potential conflict because he appeared to have been involved in the conduct charged to Ash. The involvement was as follows: On July 6, 2018 Ash, through Archibald, made an allegedly incomplete production in response to the June 18, 2018 subpoena, which had required that she produce, among other items, all correspondence with Wong and all documents regarding any items of value received from Wong or the MCU ."
On September 1, 2021 the trial was firmly set for November 30. And on November 16, this: "ORDER as to Sylvia Ash: Following argument of the in limine motions, counsel should be prepared to discuss whether the vaccine status of prospective jurors should be ascertained during voir dire, whether unvaccinated prospective jurors should be excused on that basis, and more generally the role, if any, that vaccination status ought to play in selecting and seating a jury in this case. (Signed by Judge Lewis A. Kaplan on 11/16/2021)."
Back on October 11, 2019 after a proceeding replete with State versus Federal court and Brooklyn versus Manhattan cultural clashes, Sylvia Ash was freed on $500,000 bond with a GPS location monitoring bracelet.
Her Court Street lawyer Roger Archibald told reporters that she must be presumed innocent, then went back into the SDNY Magistrates Court to work on the logistics of his client's release.
The release had not been sure. Assistant US Attorney Eli Mark complained that Ash's lawyer Archibald had inaccurately told prosecutors that Ash was on her way to Africa. Then that Archibald, when he learned Ash was instead on the way to Miami, had not updated or corrected the false information.
Archibald for his part said Ash she be released without condition, given what he called her "pedigree." SDNY Magistrate Judge Ona T. Wang quoted this back in her decision, saying that accepting that logic would mean unconditional release for any defendant with a degree.
When Judge Wang asked Archibold to make his arguments under the applicable Federal statute under the Bail Reform Act, Archibald said he did not have a copy. Later he asked for the preliminary hearing on October 21, when the government has at least 21 days for defendants who are bailed.
It was state versus Federal, Brooklyn versus Manhattan....
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
