By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, Dec 3 – Darrius Christopher and Robert Wade are still on trial for a shoot-out on October 25, 2019 by 2322 Ryer Avenue in The Bronx. But it's at end game. And the issue of "Theory of Defense."
On November 22, U.S. District Court for the Southern District of New York Judge Sidney H. Stein held opening statements, and on November 23 the presentation of evidence from government witnesses. Inner City Press went and covered both days.
Detective Hearns was cross examined about Smith & Wesson .40 caliber and 9mm luger shell casings.
Once he and the jurors, who appeared to be paying close attention, left there were lawyers' arguments about out of court statements and an upcoming Wade hearing with an SDNY Probation officer.
The government objected to one of the defense's opening statements, that a Mr. Orellana would testify about (non) membership in a gang. The AUSA said Orellana's lawyer said he'll invoke the Fifth Amendment, if called to testify.
How do I know that? the defense counsel answered.
On November 26, the day after Thanksgiving, the US Attorney's Office filed a letter and three exhibits with Judge Stein arguing that DEA agents and NYPD detectives may not be called for an improper purpose.
Attached were defense counsel's November 22 letter pursuant to Touhy v. Regan, 340 U.S. 462 (1951) for the testimony of DA agents Moises Walter, Joseph Tamweber and David Brown, and a chain of emails contesting them. Also at issue: four NYPD detectives.
The US Attorney's Office cites Judge Alison J. Nathan's decision in US v. Ghislaine Maxwell to bar the defense from eliciting testimony about the use or non-use of certain investigative technique as it "does not tend to show defendant's innocence of the charges."
And while the Maxwell circus has made it more difficult to cover, we offer this Friday night report. Darius Christopher wants an instruction that while he was present on 183 and Ryer, but being a knowing spectator is not enough. And if the instruction is not taken?
The case will continue. It is US v. Christopher and Wade, 19-cr-875 (Stein).
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