Saturday, June 18, 2022

Jan 6 Defendant Ryan Samsel Who Alleges Torture Wants Lewisburg Return, No Legal Calls

 

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, June 15 – January 6 defendant Ryan Samsel was before District for the District of Columbia Judge Timothy J. Kelly on November 9, 2021 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, below.

Jump cut to June 15, 2022 and Samsel was before Judge Jia Cobb - and speaking for himself. Inner City Press live tweeted it here:

Samsel: I was in the Einstein Medical I.C.U. for 11 days Judge Cobb: Maybe it's your lawyers who should speak - Samsel: I need to. I need to. I have collateral blood flow. I have only two veins left in my left arm.

Samsel: I know this is the government trying to torture me and make me collaborate. Kiss my ass -- they are the terrorists! Judge Cobb:  Given that we are going to talk about medical and transfer, maybe exclude the public -- Samsel: No! No! I want them to hear!

 Government speaker on Samsel: The recommended facility is not an in-network facility. I'm in touch with Darrin Howard. Samsel: Judge, send me back-- Samsel's lawyer: Let us do our job! Samsel: You haven't even spoken with me!

 Samsel's lawyer: The facility tells me they called me randomly and didn't reach me, didn't leave a message, so no legal call. Send him back to Lewisburg.

Judge Jia Cobb: I'm dealing with this in a level of minute detail not usual for someone in my position. But I do not think another transfer at this point makes sense. Samsel: It sucks being locked in 24/7.  Adjourned.

From November 2021: 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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