Saturday, September 24, 2022

EDNY Keeps Mask Mandate in Arraignment Court But Removes Elsewhere, 2bl Standard?

 

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

EDNY MAG COURT REPORT, Sept 23 -  In the U.S. District Court for the Eastern District of New York on September 21, a detention or bond proceedings was held by Magistrate Judge Sanket J. Bulsara on two defendants. Inner City Press was the only media there (though even its phone was held down in the lobby by Court Security Officer, unlike the media also covering the US v. Barrack trial).

  While elsewhere in EDNY they weren't, people in the Mag or Arraignment Court were all wearing COVID masks. This remained the case on September 22 when Inner City Press, still without its phone despite checking again at the Clerk of Court, again covered the EDNY Mag Court.

On September 23, this: "MARGO K. BRODIE, Chief Judge This Court continues to monitor the need to protect public safety and health while effectively administering justice during this period of national emergency...Face Coverings: Individuals are generally not required to wear a mask unless instructed to do so by a judicial officer in a courtroom or adjacent areas, e.g., a jury deliberation room, except that all individuals must wear a mask in the Arraignment Courtroom."

 Why is the Arraignment Courtroom and those in it, including defendants, treated differently? Several people asked Inner City Press this, one opining it was because presenteees have not yet been processed through the MDC. Inner City Press will keep inquiring - including for its (in-house?) pass at EDNY. Its EDNY coverage is not only of trials like Roger Ng / Jho Lo / 1MDB and Barrack, but of other cases, and the Arraignment court. Watch this site.

The September 21 case:   The defendants were Christian Caicedo and Yhonny Alvarez Rivera, charged with cocaine sales in NY and NJ. Caicedo was assigned a Federal Defender, and was released on $50,000 bond after Judge Bulsara spoke by phone with his wife, a bartender, and his aunt, who last spoke with him in December.

  Yhonny Alvarez Rivera, assigned a CJA and using a Spanish language interpreter, was detained, without prejudice to applying at a later date for bond. After this was decided, Judge Bulsara asked if he'd mind be taken back into the holding cell, so that interpretation was no longer needed.

 The interpreter to her credit said she could sit behind him and whisper, simultaneous interpretation.

 If the Marshals agree, Judge Bulsara said. They did.

  As this proceeding ended to move to another, with an SDNY-based CJA, Caicedo was given a plastic bag of his belongings and case, and Alvarez Rivera was led back into the holding cell.

  Inner City Press is covering EDNY, in person, and has asked for the ability give to others to report in real time. We'll have more on this.

This case is US v. Caicedo and Alvarez Rivera, 22-mj-1029 (Bulsara)

Additional Inner City Press coverage of EDNY (Afrasiabi, Barrack, R.Kelly, Roger Ng, Powers, and an unsealed win before Judge Komittee, are on its site).

sdny

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