By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, Nov 9 – January 6 defendant Ryan Samsel was before District for the District of Columbia Judge Timothy J. Kelly on November 9, alleging assault while in detention and asking for a speedy trial. The first question was him not being given his own medical records. Inner City Press live tweeted it here:
Samsel's lawyer: We are asking for documents from the facilities where Mr. Samsel has been detained.
Judge Timothy J. Kelly: Let's hear from the DOJ - does the defendant have all the documents, from CPRJ? AUSA: There are also records from Northern Neck.
Voice: We are only legally release records that originated from our facility. I can't release these other records. Judge Kelly: But you have them. Voice: I can't release them to a third party. Judge Kelly: But he's asking for them.
Voice: That's HIPAA (laughs)
Judge Kelly: Until someone points me to a law that prevents it, I have ordered it. Voice: I am just trying to follow the law. (Laughs again). Judge Kelly: Does anyone here that knows of a legal reason I can't order he get the records? Silence.
Update: They are still discussing the failure to provide Samsel with his own medical records, half an hour into the proceeding. Judge Kelly: I hope we've had a breakthrough here. Defense: You've only dealt with one of the facility. What about Northern Neck?
Defense: Mr. Samsel has been in lockdown. It's time for him to have access to a law library. Judge Kelly: I take you point. I don't know if we're right there for now.
Facility: He is in protective custody. He comes out one hour a day. But he can go to the rec yard twice a week.
Samsel: That's not true! I was assaulted and they told me not to talk in this court hearing --
Judge Kelly: Mr. Samsel, you'll get your chance later.
Facility: As to Mr. Samsel's allegations (laughs) I have no idea what he's talking about. We have interacted on camera. Judge Kelly: I'm going to leave that to you all. Defense: They say he's not making requests. But he doesn't have access to a pen or pencil.
Facility: I'm happy to give him a pencil. Judge Kelly: You'll be getting requests. Samsel: I get my turn, right? Judge Kelly: Yes. Go ahead. Samsel: I went 10 days without a shower. They told me keep my mouth shut.
Samsel: I got a fractured wrist, under the watch of Captain English. I do not feel safe here. They assaulted me. Then they didn't let EMS into the facility. I didn't fall of a bunk. That's what husbands say when they beat their wives.
AUSA: He's under administrative segregation. Whether it's 24/7 or 23/1. We asked for emergency help on October 12 because he was able to call us. Mr. Samsel does not need to be in administrative segregation. Move him to Alexandria
Judge Kelly: It will be a better situation if he can have more access to his lawyers. But I can't order a move. Defense: I suggest you can. Judge Lambert did, Judge McFadden did. A judge in the Eastern District of Virginia famously ordered a transfer to Alexandria
Judge Kelly: Were those of the objection of any party? Defense: Judge Ellis transferred Manafort from Northern Neck to Alexandria over the objection of his counsel. Judge Kelly: I'll look into it. But you all know the details. Come to me with a proposal.
AUSA: We take the position that the US Marshal Service is the one with the authority to do the transfers, no one else.
Samsel: Can you assure me I won't be assaulted? Your Honor, you were appointed by a President of the US. Judge Kelly: I'll get to that.
AUSA: Defendant has opposed excluding time. If they prevail, there'd have to be a trial in 20 days. The previous lawyers wanted a resolution. But when these lawyers stepped in, they wanted to move forward with the case. We told them there was be superseding charges
Judge Kelly: You have not been able to speak with your client much. How could you prepare for a trial in 20 days?
Defense: I don't know if the court can seat a jury in 20 days.
Judge Kelly: I'll exclude time for 2 weeks AUSA: As long as not Thanksgiving Day. Judge Kelly. No. Nov 23. Samsel: What about my assault? Judge Kelly: We're going to be back here in 2 weeks.
AUSA: He has a phone put in his cell Defense: He's called us 155 times.
Judge Kelly: We'll see you on the 23rd at 3 pm. Adjourned.
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