By Matthew Russell Lee, Patreon Podcast
BBC - Decrypt - LightRead - Honduras - Source
SDNY COURTHOUSE, Feb 28 – When Larry Ray was arraigned on charges of sexual exploitation, prostitution, forced labor and money laundering on February 12, 2020 he was wearing prison blues and still had a Federal Defender, but no financial affidavit to have FD appointed. Twitter theadette; More on Patreon here.
On April 28, 2021, there was a suppression hearing about his arrest and questioning. Inner City Press live tweeted it here and below.
On December 22 Ray's Federal Defenders requested a jury questionnaire citing adverse publicity "not only in traditional media outlets." But the next sections contains redactions, after the words "Community Bookstore live, and apparently of a URL, because it contains a name. But how then is it confidential?
On February 4, the Federal Defenders wrote to Judge Lewis J. Liman that "the attorney client relationship between Mr. Ray and his defense team has irreparably broken down... Mr. Ray requests that the Court appoint new counsel." This was heard on February 10, without the previously available call-in line (unlike a February 4 Coinbase oral argument on which the line was opened).
Late on February 10 Inner City Press ran up to Courtroom 15C and asked if the change of counsel had occurred. No, was the answer. And soon in the docket was a schedule: Giglio meterial by Feb 10, requests to charge Feb 25, FPTC March 1 at 11 am (no call in?) and trial March 8 (natch).
On February 28, this: "ORDER as to Lawrence Ray. The Court is in receipt of a letter from the Government, dated February 24, 2022, requesting that certain alleged victims in this case previously referred to as Jane Doe 1, Jane Doe 2, Jane Doe 3, and John Doe and a relative of alleged victims be permitted to testify using only their first names. IT IS HEREBY ORDERED that any alleged victim wishing to be heard on the Government's request shall file a letter with the Court by Monday, February 28, 2022 at noon. IT IS FURTHER ORDERED that the Government shall, by noon today, provide to counsel for the alleged victims the above-referenced letters by the Government and the defense, which were filed with the Court under seal." Echoes of the Ghislaine Maxwell fiasco.
On February 9, the US Attorney's Office wrote in to "request that the Court conduct a thorough inquiry into the nature of the alleged breakdown... Even if the Court determines that the motion is not a delay tactic, it may nonetheless be appropriately denied." Judge Liman ordered, " Ray has not asked for the trial to be adjourned. However, it is possible that if his current counsel is permitted to withdraw and new counsel were appointed, the inevitable result would be for trial to be delayed, perhaps for a lengthy period of time. The law permits the Court to consider issues such as the Speedy Trial Act and calendar management in reviewing an application for the withdrawal of counsel and the appointment of new counsel. In addition, under the Crime Victims' Rights Act, a crime victim has the "right to proceedings free from unreasonable delay." 18 U.S.C. s 3771(a)(7). Certain individuals have been identified as alleged victims in this case. Accordingly, it is hereby ORDERED that any alleged victim who wishes to be heard on the issue of potentially delaying the trial of this matter may be heard either by letter submitted on ECF on or before 1:00 p.m. on February 10, 2022, or by appearing in person at the hearing." Watch this site.
On January 24 for an in-person conference at 2 pm, Judge Liman issued the following order: "ORDER as to Lawrence Ray: The Court has been informed by the United States Marshals that Mr. Ray is refusing to come to Court for the previously scheduled hearing today. The hearing has long been on the calendar, and defense counsel has not submitted a request to excuse Mr. Rays presence. Accordingly, the Court has informed the United States Marshals to deliver Mr. Ray to the courthouse. If necessary, the Court will sign an order authorizing the Marshals to use force to compel his attendance. A copy of this Order will be emailed to counsel for Mr. Ray and for the government. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/24/2022)."
Later, shortly before the scheduled hearing: "ORDER as to Lawrence Ray: The Court has received correspondence from the Government and defendant's counsel stating that they, and Mr. Ray, are prepared to proceed with today's oral argument in-person in Courtroom 15C. The Court rescinds its previous order setting this as a remote hearing and restores it back to an in-person hearing. All counsel and Mr. Ray are expected to appear in-person." Watch this site.
Back on January 6, 2022 Judge Liman held another conference; Inner City Press live tweeted here.
On January 19, Judge Liman held a Daubert hearing which Inner City Press live tweeted here
hearing on Federal Defenders-proposed expert Joseph Pierre, who's being paid $500/hr for 20 hrs, so far.
Doctor Pierre describes his paid testimony for "sovereign citizens," acknowledged he's not a forensic psychiatrist and never interviewed Ray in person (due to COVID restrictions). Will Judge Liman let him testify?
AUSA Sassoon: You called Mr. Ray's beliefs conspiracy theories. That's not a term in the DSM, right? Dr. Pierre: Right.
AUSA Sassoon: Define delusion-like beliefs. Dr. Pierre: There's not a study. But there's agreement on what it is. [You know it when you see it?]
Dr. Pierre: There's no study saying diagnosis of a sore throat does not involve asking the patient if he or she has a sore throat?
AUSA Sassoon: Wait --
Judge: Let Doctor Pierre talk. [Pause] Or, let me ask. What's the difference between a delusion and an error?
AUSA: Can a person have delusion-like belief and follow the law? Dr. Pierre: Yes. AUSA: They don't explain violent behavior, right? Federal Defender: Objection. Judge: Sustained.
AUSA: So Larry Ray told you he believed he had been poisoned, at the direction of Bernie Kerik? Dr. Pierre: Correct. AUSA: And that he put a lock on his fridge in New Jersey, right? Dr. Pierre: Yes, I believe it was in New Jersey.
AUSA: Did it strike you as strange that Larry Ray continued to live with people he thought were poisoning him? Federal Defender: Objection!
Judge: Overruled. Dr. Pierre: I don't like to use the word strange. And we're back: US v. Larry Ray Daubert hearing on whether to allow Dr. Pierre is back on.
During a break, Federal Defenders have been required to provide US Attorney's Office with unredacted copy of Dr. Pierre's notes. AUSA: It was risky? Dr. Pierre: Define that.
AUSA: And you do not know if, when these emails were written, the writer had a knife to his genitals? Dr. Pierre: I do not... Judge: Thank you, you are excused.
Dr. Pierre: Thanks for not making me fly out there. Arraignment on superseding indictment to follow.
Update and conclusion (for this case, for today) Arraignment will not take place - Larry Ray has not received a copy of the superseding indictment. Judge Liman adjourns the Daubert hearing.
Watch this site.
Back on September 27, Isabella Pollak moved for a continuance (delay) or for severance, noting the third team of lawyers and this volume of discovery: 516,169 images, 1,462 documents, 1043 spreadsheets, 320 audio files, 256 video files and 277 internet files.
On October 8, the US Attorney's Office wrote to Judge Liman that "the Government objects to adjourning the joint trial for the lengthy period of time requested by Pollok [but] does not object to severing Pollok's trial from Ray's, keeping the trial of Ray scheduled for February 2022 and scheduling Pollok's trial for a later date."
But Ray opposes severing Pollok's case. On October 15 Pollok's Hastings on Hudson-based lawyer insisted on severance: "As Judge Learned Hand succinctly stated, '[n]o accused person has any recognizable legal interest in being tried with another, accused with him.' US v. Bronson, 145 F.2d 939, 943 (2d Cir. 1944 (L. Hand, J.)"
On October 18 Pollok's counsel wrote to Judge Liman asking to modify her conditions of release, so she can work overtime at Amazon, which no longer with permit any electronic devices (like GPS bracelets) on the warehouse floor. The US consents to this change.
And on October 19, Judge Liman granted the requests: "MEMO ENDORSEMENT granting [235] LETTER MOTION filed by Isabella Pollok (2), addressed to Judge Lewis J. Liman from Attorney Jill R. Shellow dated 10/18/2021 re: Request to modify conditions of pretrial release. I am writing to request respectfully two modifications to Isabella Pollok's conditions of pretrial release: (1) Ms. Pollok has a curfew from 9PM until 5AM. We respectfully request that the curfew condition be removed. (2) Ms. Pollok wears a GPS ankle bracelet. Accordingly, we respectfully request that the GPS bracelet condition be removed. ENDORSEMENT: REQUEST GRANTED. Bail modifications approved. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/19/2021)."
But what about Amazon barring any worker with a GPS bracelet, under pre-trial release (that is, presumed innocent) from working its warehouses?
On October 20, Judge Liman granted severance: "ORDER as to Lawrence Ray, Isabella Pollok. It is hereby ORDERED that the proposed schedule appearing at Dkt. No. 219, setting forth the deadlines related to expert witnesses in the case United States v. Ray, 20-cr-110-LJL-1, is APPROVED. IT IS FURTHER ORDERED that, for the reasons stated by the Court on the record at the October 19, 2021, Status Conference, the motion of Isabella Pollok for a continuance is GRANTED and the trials of Lawrence Ray and Isabella Pollok are severed, with Isabella Pollok's trial to begin on July 18, 2022."
On November 11, Veterans Day, the US Attorney's Office wrote to Judge Liman asking to push Ray's trial back to February 22, to enable it to produce 3500 / Giglio material on month in advance of trial.
On November 19 Pollok filed a motion to suppress all statements she made upon arrest. She says, "At 6 am on February 11, 2020 Ms. Pollak awoke to banging and people shouting FBI." Then statements without Miranda warnings. What will Judge Liman do? Watch this site.
The case is US v. Ray, 20-cr-110 (Liman).
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