By Matthew Russell Lee, Exclusive, Patreon
BBC - Guardian UK - Honduras - The Source
SDNY COURTHOUSE, April 20 – On a legal call designed to give defense counsel information about White Plains grand juries in the U.S. District Court for the Southern District of New York, live tweeted by Inner City Press, it emerged that a grand jury has "met" in the SDNY in Manhattan in the last week.
Apparently, some grand jurors participated by video.
This seems noteworthy, given for example that in March allowing a single juror in the US v. Ali Sadr Hashemi Nejad trial to deliberate by video required the defendant's consent. Why not this? Below is the blow by blow, then background on one of the underlying cases, US v. Balde (there is also US v. Schulte, and other cases).
On August 27, in the lead Balde case, "Defendant did not receive the expected production from the Jury Administrator."
On May 17, 2021, Judge Failla held a proceeding in Balde, and Inner City Press covered it. It was to read out loud her decision, which was to deny Balde's motion to dismiss back on the use of the White Plains grand jury.
She called it a serious question, but noted for example a decision from the Northern District of New York, that it was OK to move a trial for a crime in Syracuse to less diverse Utica.
She said there is no right to a grand jury in the division of the SDNY a crime in committed in, and that COVID meant these was no prosecutorial gamesmanship. She mentioned Shulte, Tagliaferro and other cases.
On January 26, 2022, with one of Balde's Federal Defenders appointed as an SDNY Magistrate Judge so another another the case, the Federal Defenders filed motions in limine to, among other things, preclude the US from using emails and calls Balde made and sent from jail, citing spousal privilege and the presumption of innocence.
On February 17 Judge Failla held another proceeding, and Inner City Press again covered it. Judge Failla said she was focused on the case, as the (SEC) trial she had been presiding over had and the day before (Inner City Press covered that too, here.). Judge Failla said this US v. Balde case is on.
But: "Defendant's motion for a mistrial is GRANTED; trial is concluded and jury dismissed. By 2/28/2022, the parties shall submit a joint letter with a proposed briefing schedule."
On March 4, this: "ORDER as to Souleymane Balde: The Clerk's Office has notified the Court that this case has been placed on the jury trial list for May 17, 2022. The case is second on the list for jury trials for that day, so it is likely that the case will receive a jury panel on that date. The case must therefore be trial-ready for that date. (Ready for Trial by 5/17/2022) (Signed by Judge Katherine Polk Failla on 3/4/2022)."
On March 7, the Federal Defenders asked Judge Failla to dismiss the case, noting prosecutors behavior leading to the mistrial and the 23 months already served by Balde.
On April 20, Judge Failla issued an oral ruling, and Inner City Press called in to hear it. Balde's motion to dismiss the indictment was denied, although Judge Failla did say that the US Attorney's Office opening had gone close to the line of her rulings on motions in limine. She acknowledged the discrepancies between witness Ayman Hamad's state and now Federal testimony but said it did not meet the high burden for dismissing an indictment. The opening arguments this time will be May 18, 2022. Inner City Press will continue to cover the case.
The case is US v. Balde, 20-cr-281 (Failla).
***
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.
Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
