In SDNY A Tale Of Two Rappers As Emo Michael Jones Faces 20 Years But 6ix9ine Time Served Or 47

By Matthew Russell Lee, Patreon, Periscope

SDNY COURTHOUSE, Sept 26 – When SoundCloud emo rapper Michael Jones was brought in shackled to observe his motion for reconsideration denied by Judge John G. Koeltl of the U.S. District Court for the Southern District of New York on September 26, he had face tattoo as does Tekashi 6ix9ine.

  But there was no media except Inner City Press in the gallery. And the government was not offering any 5K1 cooperator's letter much less time served. Jones faces 20 years to life.

  The difference is not only in their music. Michael Jones has no one to testify against. So he has no leverage. Even Tekashi's driver Jorge Rivera is getting a 5K1 letter. Not Jones.

 On September 26 the motion to reconsider was denied by Judge Koeltl, who had just turned on the white noise to prevent Inner City Press from hearing about yet another cooperator, story on that soon. Inner City Press will have more on all these cases. For now more on Patreon here.

Back on August 5, Jones' lawyer Justin Bonus attacked the autopsy information presented to the grand jury, and inducements offered by the government to witnesses at the impending trial for the death of Diana Haikova just after the funeral of more prominent emo rapper Lil Peep.

  On September 4 the scene was quiet different. It was only Jones and Bonus, two prosecutors, and three supporters of Haikova who after the proceeding walked with the prosecutors toward the US Attorney's Office.

  Bonus was asking about the Grand Jury process that led to a superseding indictment of his client. Woah, Judge Koeltl said, never do that - meaning, it seemed, imply that he didn't take the Grand Jury's secret role in the criminal justice system seriously.

 Judge Koeltl had set the trial for October 9 but was informed by the prosecution that falls on Yom Kippur. He moved it to October 10, after his Deputy Mr. Fletcher confirmed with the SDNY Jury Office that a jury can be picked on a Thursday. Judge Koeltl said he will probably sit, then, that Friday. There is a defense expert witness only available on October 14.

  This prosecution contrasts with the 27 month plea deal struck by the same office with a Rockland County man who distributed heroin / fentanyl known to him to be deadly to Lauren McKenna. In that now closed case, attention shifts to the Washington Heights dealer who sold the "King Death" heroin. Here, Michael Jones faces years and years. Are the prosecutors more in touch with this victim's family than in the Rockland County case? Watch this site.

  Now the trial, set for September 9, is being postponed. Jones' lawyer Bonus wrote: " Dear Honorable Koetl: This office represents Michael Jones, who is the Defendant in the above-referenced action. I respectfully write the Court to advise it of a scheduling conflict with the medical examiner, Dr. Zhanna Georgievskaya, a material witness in this case. In the Government’s March 18, 2019 expert disclosure and July 10, 2019 response to Michael Jones’ pretrial motion, the Government indicated that it anticipated calling Dr. Zhanna Georgievskaya as a witness, as she is the medical examiner that conducted the autopsy. After speaking with Dr. Georgievskaya today, she indicated that she was on family leave and unavailable between September 9, 2019 and October 11, 2019. Dr. Georgievskaya is a critical witness for the defense, as she supports the defense’s theory that Diana Haikova died of acute intoxication. As such, I respectfully request that the Court adjourn the trial until the doctor is available or grant whatever remedy the Court deems appropriate." For reply, see Patreon here.

 Judge Koeltl, who sealed the presentment of a John Doe detainee with an Arabic interpreter, has not responded to opposion to such secrecy and is apparently away. In his stead the Part I judge granted Jones' motion and pushed the trial back a month: "MEMO ENDORSEMENT as to Michael Jones (1) on [43] FIRST LETTER MOTION addressed to Judge John G. Koeltl from Justin C Bonus dated 08/15/2019 re: Continuance based upon Scheduling Conflict. In response to the defendant's letter dated August 15, 2019 (Dkt. No. 43) and the Government's letter dated August 15, 2019 (Dkt. No. 45), the request for a continuance of the trial is granted. The trial will begin on October 9, 2019 at 9:00 AM. New dates for motions in limine, requests to charge, and voir dire submissions will be set at the pre-trial conference on September 4, 2019 at 3:00 PM. (Signed by Judge Jed S. Rakoff on 8/16/2019)."

Back on August 5 when Bonus said, He's never been arrested, a man in the gallery said loudly, "Never!" Later from the supporters section, this line: "Netflix should be here!" But they weren't. Just Inner City Press and perhaps one other journalist. Jones' genre was dubbed Goth Boi Clique; his online name is, or was, realnewjerzeydevil. Judge Koeltl shot down each and every motion.  The case is US v. Michael Jones, 18-cr-662 (JGK) and Inner City Press will continue to follow it, watch this site. More on Patreon here.

  In the Tekashi6ix9ine case across Pearl Street in 40 Foley Square, when Fuguan Lovick appeared in court shackled on May 9 to plea guilty in the Nine Trey Gangsta Bloods case best known for the involvement of rapper Tekashi 6ix9ine a/k/a Daniel Hernandez, it began as a routine allocution.  Then Lovick implied, at least temporarily, that it was self defense. See below.

 On June 17, co-defendant Kintea McKenzie was granted his request to remain in New York City in a Bureau of Prisons facility until his sentencing, instead of being "farmed out." The filing: "ORDER as to Kintea McKenzie: On the application of LISA SCOLARI, attorney for KINTEA MCKENZIE and without objection from the government, IS HEREBY recommended that the United States Marshal Service and the Bureau of Prisons house Kintea McKenzie (AKA McKenzie Kintea) 86587-054 in a BOP facility in New York City until he is sentenced. (Signed by Judge Paul A. Engelmayer on 6/17/2019)."

 On June 11 counsel for another co defendant who has pled guilty, Kifano Jordan, has asked to adjourn his sentencing from July 10 for eight weeks until September 6. The reasons given by defense attorney Jeffrey Lichtman are that "it is taking longer than we had anticipated to locate and retrieve certain records concerning the defendant's personal history and characteristics (see 18 U.S.C. Section 3553(a)(1)) as well as certain financial records, which we believe will be relevant at sentencing."

 On June 10 when Aljermiah Mack appeared before U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer in shackles, Lichtman and his associate were in the audience - and Engelmayer demanded twice that they stop speaking. He asked, Who are you? Then he added that they practice in this court. Call it it off day.

  With a September 4 trial date, Assistant US Attorney Michael Longyear said that only Mack and two others have not pled guilty, and that one of those two is on the verge. So will Tekashi6ix9ine not have to testify?

 Mack's lawyer Louis Fasulo said his client is eager for a speedy resolution; he will begin reviewing discovery immediately. The government seized two of Mack's phones when he was arrested on June 6; they are seeking search warrants for those and his Instagram account. The whole proceeding had the feeling of a very genteel push to plead guilty. We'll have more on this.

 

Back on May 9 when Lovick, also known as Fu Banga, offered his own description of what he did on April 21, 2018 at the Barclays Center in Brooklyn, Judge Engelmayer did not accept it. 

Lovick said that outside the door of a boxer, a group ran at him; he drew a gun and fired it into the air to make them step back.   

Judge Engelmayer said this allocution wouldn't do, with its implication of self defense and failure to mention the Nine Trey Gangsta Blood organization. He urged Lovick, still in chains, to spend ten minutes with his defense lawyer Jeffrey G. Pittell to discuss a prepared allocation which would jibe with counts six and seven of the superseding indictment to which he was ostensibly pleading guilty.   

Pittell, with whom Inner City Press spoke just outside the courtroom, had previously filed a motion to suppress and to dismiss. He had an interesting argument that the New York State crime of menacing - trying to cause the fear of bodily harm - would not fit even the superseding lesser included charge to which Lovick was pleading guilty. Pittell told Inner City Press this is an issue of first impression.   

But as Judge Engelmayer put it when after two breaks he accepted Lovick's guilty plea, lawyers can always make arguments but it was his view that there was no real claim of self-defense in this case. Pittell referred to a video of the incident but Judge Engelmayer said he had not seen it. Venue was also questioned; that too was smoothed over.

As more and more of the initial defendants in the overall USA v. Jones / Tekashi 6ix 9ine case plead guilty, to some the remaining question is the pleading-out of the defendant(s) who are NOT affiliated with the Nine Trey Gangsta Bloods. Inner City Press will continue to cover this case. For now, a bit more on Patreon, here.

Exclusive: SDNY Judge Koeltl Orders Press Out Of Criminal Presentment With Arabic Interpreter Spy Vs Spy

By Matthew Russell Lee, Exclusive

SDNY COURTHOUSE, August 7 – A criminal presentation with Arabic interpreter was set for August 7 at 2:45 pm in the U.S. District Court for the Southern District of New York courtroom of District Judge John G. Koeltl. Inner City Press, alerted by its sources, went into the courtroom. Soon Assistant US Attorney Robert B. Sobelman was asking Inner City Press questions.

  At 3:09 pm Judge Koeltl's acting clerk called the case as "United States versus John Doe." The defendant's lawyer, who told the US Marshals not to bring his client out of the holding cell, asked Judge Koetlt for a sidebar. Judge Koeltl, unlike Circuit Judge Richard J. Sullivan on July 26, granted the sidebar. The white noise was turned on.

  After a more than eight minute animated sidebar discussion, with the two lawyers, two clerks, the acting deputy and a court reporter,  Judge Koeltl took the bench and asked Inner City Press to leave. He said there was a compelling need for secrecy, without explaining what it was, and said that the government would provide some update about this need for secrecy -- in sixty days.

   The deputy came and indicted it was time to leave. While doing so, this reporter asked Judge Koeltl, What's the case number?

  After a pause, Judge Koeltl said replied with a number.

  But down at the PACER terminal in SDNY Press Room 480, where Inner City Press earlier on August 7 was belatedly assigned a desk, the response to this quiery was, Cannot find [that] case."

   The defendant, it was said before Inner City Press was ordered out, was arrested the night before. His defense lawyer joked with the deputy about Mad magazine's series, "Spy versus Spy." In the gallery were a half dozen camouflage dressed agents whom Judge Koeltl allowed to stay, along with a representative of pre-trial services. Is the defendant going to be released on bond? Is he - or she - a cooperator? What is the basis for this unannounced total sealing of the courtroom for a criminal presentment? Inner City Press will have more on this. 

Before the narcotics conspiracy trial US v. Ernest Murphy set to begin August 12 in the U.S. District Court for the Southern District of New York, Circuit Judge Richard J. Sullivan on August 6 indicated his willingness pending submission a map to partially seal the courtroom during the testimony of at least one witness, an undercover officer.

  Inner City Press which has been covering the Murphy case some days ago contested sealing in another case before Judge Sullivan, so far without response. It is not clear for this partial sealing what opportunity the press or public have to be heard.

  Assistant US Attorneys Karin Portlock, Elinor Tarlow and Matthew Hellman made the request for partial sealing and argued for it in a final pre trial conference on August 6, with Inner City Press in the gallery. They resisted specifying where the undercover officer proposes to continue operating, referring to a map that is listed as Government Exhibit 114. That map is not online, and recent requests for exhibits have gone unanswered. 

  Even if and when this exhibit it shown to the jury, there is no video monitor for the press and public gallery in SDNY Courtroom 15A Judge Sullivan has been using, which has for example no swinging doors by the jury box and no name on the front door. 

  The government request states, and Judge Sullivan on August 6 repeated, that an audio feed would be provided into another courtroom and a court reporter's transcript available in 24 hours - if, it seems, one can afford it. Even Murphy's lawyers said they cannot afford the Live Feed that Judge Sullivan and the government counsel table will have.

  Judge Sullivan in his affable way asked defendant Murphy if he had been informed of a plea offer, to a five to forty year sentence, previous offered. Murphy said yes, adding "I'm not guilty."

  So the trial will begin on August 12, with the witness listed with a pseudonym such that potential jurors won't know if they know the person - apparently a woman - or not. We'll have more on this. 

  The day before the final pre trial conference, on August 5 a co-defendant of Murphy's was sentenced to 54 months imprisonment.

  Robert Rhodes was a part of this alleged crack conspiracy for 11 weeks, responsible for 155 grams of crack. But as Judge Sullivan noted, Rhodes previously served two years for shooting a man in the shoulder - then got out of jail and sold crack. 

  Rhodes' lawyers Sarah M. Sacks and Bennett M. Epstein asked for 36 months, citing personal tragedy, time in the cold at the MDC and that the State of New York provided a dangerous handball court then got Rhodes addicted to opioids.

   Assistant US Attorney Karin Portland, who will prosecute the Murphy trial starting August 12, emphasized that even addicted to opioids, Rhodes sold drugs to others. Judge Sullivan dug into this, and to other issues, pointing out that they cut both ways, like the family support Rhodes has. He had the support when he committed the crimes, too. At a fifteen minute break to deliberate, Judge Sullivan explained his reasoning for the 54 months, saying public explanations are important. Inner City Press agrees. We'll have more on this case, US v. Tyshawn Burgess, Ernest Murphy et al., 18-cr-373 (RJS), and other cases including those below.

Back on July 22 in a court proceeding that began as open, with the defendants' family members and even legal interns present, Inner City Press was ordered to leave, leaving no media or member of the general public present.

  It took place in the U.S. District Court for the Southern District of New York at 500 Pearl Street in Courtroom 14C before Judge Paul A. Crotty: USA v. Perlson, 18-cr-751. 

  When Inner City Press went in at 11:30 am, at first Judge Crotty was asking why a transcript in the case said it was from November 31, when November has only 30 days. 

  "Good catch," the Assistant US Attorney said, adding that he thought it was from October 31. He added that Perlson would now be allocuting to Count 2 and that there was a cooperation agreement.

  Suddenly the lawyers pointed out Inner City Press in gallery, and said while legal interns were OK then objected to Inner City Press' presence. Judge Crotty asked Inner City Press to identify itself.

  "I am a reporter. If you are going to try to close a public courtroom there must be specific findings, for specific portions. There is case law."

  There followed a sidebar, apparently transcribed, from which Inner City Press was excluded. At the end Judge Crotty while ordering Inner City Press to leave said that the government's case is moving along well and that he hoped to unseal the transcript in a month.

  But is that enough? Inner City Press left the courtroom as ordered, adding as it left that a case on point is United States v. Haller, 837 F.2d 84, 87 (before closing a proceeding to which the First Amendment right of access attaches, the judge should make specific, on the record findings demonstrate that closure is essential to preserve higher values and is narrowly tailored to serve that interest). 

  But Inner City Press was not given an opportunity to make its argument before being ordered out. And once back to the PACER terminal at which it has been working for months, searching by "Perlson" resulted in nothing, and 18-cr-751 "case not found." 

  On 9 July 2019 before SDNY Judge Loretta A. Preska: listed on PACER and in the SDNY lobby for 10 am before her was the case of USA v. Connors Person, et al, 17-cr-683, complete with letters of support from the head bank regulators of the state of Alabama.

  But when Inner City Press arrived at 10:10 am, there was a shackled defendant with cornrows at the defense table. His lawyer stood and summoned Assistant U.S. Attorney Frank Balsamello out into the hall by the elevators.  When they returned, at the same time as two of the defendant's family members, Judge Preska asked about those present in the room, and summoned the lawyers up for a sidebar - with a court reporter, which may later be significant.

  After the sidebar discussion, Judge Preska called the case as US v. Santino-Barrero (phonetically - it was not written down anywhere.) Then Judge Preska asked the defendants' family members to stand, then the legal interns, then other interns introduced by one of the Marshals.

  "Is that you in the back, Mister Lee?" Judge Preska asked.  Inner City Press previously reported daily on the UN bribery trial and sentencing of Patrick Ho before Judge Preska, once answering in open court her question about press access to exhibits in that case. So the answer was Yes.

  I'm going to have to ask you to leave, Judge Preska said. 

  The PACER terminal in the SDNY Press Room does not list a Santino Barrero as a defendant. The Bureau of Prison's website is only searchable with a first name, which was not given. 

  Back on June 17 the sentencing of a defendant seeking time served, seemingly for cooperation with the government, was abruptly declared "sealed" by SDNY Judge Lorna G. Schofield on June 17. 

She said she was going to seal the transcript, but that once this reporter walked into her open courtroom 1106 in 40 Foley Square, she moved the entire proceeding into her robing room, closed to the Press and public. 

  Nowhere on the electronic board in the SDNY lobby at 500 Pearl Street was any proceeding before Judge Schofield at that time listed. Nor in the day's PACER calendar.

 Inner City Press will have more on this - see also @InnerCityPress and the new @SDNYLIVE.

If Kickbacks To Retirement Plan Sanitation Or IT Engineer Violate ERISA Head To SDNY Trial

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, June 11 – If a person in charge of information technology or computers for a retirement plan is accused of taking kick backs, does it violate the ERISA statute? The issue arose as an argument to try to postpone a trial in before U.S. District Court for the Southern District of the New York Judge John G. Koeltl on June 11. The request was triggered by a superseding indictment including new counts.

 The defense lawyer for Shivanand Maharaj, Henry E. Mazurek (whom Inner City Press readers may remember from the US v. Pinto-Thomaz trial) asked for time to brief the issue, posing as a hypothetical would a custodian or janitor who just happened to work at an ERISA retirement plan be covered? 

 Judge Koeltl appears to believe the answer is yes, although he went to great pains to say he never decided an issue before it is fully briefed. In this case it will be fast: briefs by Mazurek and Sarita Kedia for co-defendant Enrico Rubano due on June 21, US response by June 25, reply as well as request to charge by June 27.

  The trial is set to begin on July 9. Inner City Press will be covering this case, USA v. Rubano, 17-cr-169 (JGK). More on Patreon, here.

On June 10 when Woojae Jung appeared for sentencing for insider trading while at Goldman Sachs before SDNY Judge Lewis A. Kaplan, his lawyer argued for no jail time, citing the possible immigration law consequence of this sentencing. 

Assistant US Attorney Andrew Thomas asked for 18 to 24 months.

  Jung's own statement was largely about his wife, who works for Facebook. He did not mention his brother in South Korea, who opened up the trading account in the name of a college friend. 

   Judge Kaplan said he was going to impose a non-guideline sentence "but not what you're hoping to hear." It is a sentence of three months in prison, which takes Jung out of the mandatory detention requirement. Kaplan said he recommends that Homeland Security adjust Jung status and recommends against detention. He recommended a minimum security camp.

  Jung's lawyer added that if the last is not granted he be designated to Lompoc and in any event not a privately contracted facility. Judge Kaplan agreed to both. There's $130,000 restitution and a $30,000 fine.

   As if in another world, at a dry cleaner's at 727 Westchester Avenue in The Bronx on 21 September 2018, Angel Perez walked in with a mask on his face and a gun in his hand, demanding money to support his Xanax habit.

 The dry cleaner ended up shot in the ankle; Perez was arrested at his home nearby on Jackson Avenue.

  On June 10 Perez who was allowed to plead guilty to brandishing rather than discharging or firing the gun showed up before SDNY Judge William H. Pauley III for sentencing. His Federal Defender Mark B. Gombiner asked that sentence be limited to the seven year mandatory minimum.

 Assistant US Attorney Jacob R. Fiddelman argued for 125 to 135 months. In the gallery where Inner City Press was the only media present was Carmen Rosario which whom Perez has lived since he got out of prison in 2005. In a letter to Judge Pauley she says "he is still magical in my eyes."

  The ex dry cleaner, his name redacted, wrote a victim's impact statement that he is an immigrant and that after being shot when he tried to sell his business he couldn't: "no one was interested in the property where a gun incident took place. I sincerely hope that we are protected from his potential revenge."

  Judge Pauley after recounting Perez' early life - both parents were drug addicts, he said - addressed the defendant directly to say, This is unacceptable, from a 52 year hold. He imposed a sentence of 108 months, which is to say nine years. The ex dry cleaner wrote, "I am terrified by the thought that the attacker may [take] revenge on me and my family after serving his jail term."

Back on May 23, less than an hour after witnessing Peter Bright presented in shackled in front of his wife in the SDNY Magistrates Court, Inner City Press published into Google News a story about it, including Bright's statement that he was training an 11 year told girl in The Bronx. 

   Also Periscope video here, round up tweet.Inner City Press reported that Bright's Federal Defenders lawyer argued that a video camera in Bright's Brooklyn apartment building militates for his release on bond. He was not released.

   Two weeks later the Daily Dot's Claire Goforth from Florida published a story about Bright's arrest based off the complaint on the PACER document system. This has been picked up, with and without more. But why is there no document in PACER about the proceeding that was due on June 6? On any renewed bid for bail by the Federal Defenders, who since that as reported by Inner City Press got another accused pedophile Byran Pivnick released? Inner City Press which first reported this case will continue on it. Watch this site, @InnerCityPress and the new @SDNYLIVE.  

  See Inner City Press' May 23 Periscope round up, at 1:10 on this pedophile presentment, here

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  From Inner City Press' exclusive May 23 report: "A dual British - US citizen living in Brooklyn but reaching out for underage sex was presented, with his wife in the courtroom by that time only with Inner City Press. Federal Defender Amy Gallichio argued that Peter Bright should be released, since his building in Brooklyn has a video surveillance system. 

  But would the neighbors want the U.S. Attorney's Office to see their comings and goings? Gallichio offered for Bright to install his own camera over his door and turn the files in to the government. Judge Freeman found this of intersted and invited a second try, if only in writing. She quizzed Bright's all-American wife in the gallery and said the Peter is lucky. Was his claim to be "training" an eleven year old girl in The Bronx just puffery? Inner City Press will stay on this case." And now we are.