SDNY Judge Torres Denies Application for MDC Special Master Chiding Inmates For Not Testifying

By Matthew Russell Lee, Periscope video, II III

NEW YORK CITY, February 5 – When Judge Analisa Torres returned at 7:30 pm from the Brooklyn MDC to her courtroom in the U.S. District Court for the Southern District of New York, those assembled - six journalists, Federal Defenders, two named plaintiffs in tan prison guards - seemed to agree that something would happen, perhaps a ruling for a special master to oversee the MDC. 

  Judge Torres asked both Federal Defenders' Dierdre Dionysia von Dornum and the FBI's John Ross to describe that they'd seen on the visit to the MDC with her, which Latitia James also accompanied (though no journalists, despite requests in written and orally in the court). Ms von Dornum said the lights were on and it was warmer, but still no medical treatment and few lawyers' visits. The expectation of a ruling for a special master grew.

  But when Judge Torres issued her ruling, it concerned the failure of the two inmates to take the standard and provide even "a shred of evidence" of their claims, that one would face retaliation and the other needed a transfer on medical groups. When it was offered that thetestify now, past 8 pm, Judge Torres denied it, saying it was too late. An affidavit will be provided later but the moment was lost. The request for a special master, Judge Torres said, had been raised, and more appropriately, in the civil litigation in the Eastern District of New York - where, Inner City Press learned from a case participant who said "off the record" a meeting of all judges and the US Attorney took place, trying to solve "the whole situation." There was criticism of Nicole McFarland, of the continuing denial of medical treatment and timely lawyers' visits. But none of these were addressed much less solved on Tuesday night. Inner City Press retrieved its electronics, did a Periscope broadcast (here) and this story, from the stone chess (actually backgammon) table across Worth Street from the SDNY courthouse. We'll be here more.

Upcoming in the SDNY is a just-filed complaint by the Bangladesh Central Bank for the $81 million hacking of its funds, which were then wired through the Federal Reserve Bank of New York, a case that Inner City Press will cover. Times change. Watch this site.

SDNY Judge Torres Suspends Hearing To Go Visit Brooklyn MDC Then May Resume

By Matthew Russell Lee, Periscope video, II

NEW YORK CITY, February 5 – The conditions in the Brooklyn MDC were the subject of a hearing that began at 11 am on February 5 before Judge Analisa Torres of the the US District Court for the Southern District of New York. Then after 3 pm and the testimony of a witness she called, John Ross of the FBI, Judge Torres suspended the hearing to go and visit the MDC. She was asked if the press could accompany her. No, she said. Notice would be given if the hearing would resume. Ross of the FBI acknowledged that things in cell 562 "seemed cool." That coolness, at approximately 50 degrees, was linked by another witness to cell 723, which also had a leak. Some inmates had leaks directly onto their beds. There was no laundry, and so they slept on cold sheets, some in the same underwear and socks all week. Federal Defenders still had their phone lines working, but the "social lines" which are paid by money in an inmate's commissionary were out for the week. This is a problem, it was explained, especially for court appointed lawyers who already have trust problems with their clients. Dierdre Dionysia von Dornum of Federal Defenders suggested to Judge Torres that she create a special master for the MDC, like the Fed asked for and got for Rikers Island.  

Congress member Nidia Velasquez visited the MDC but was told she couldn't talk to any inmates, allegedly because of the count. What about the SHU, the Special Housing Unit, where there is no count because no one gets out of their cell? This was not explained. Judge Torres went to see for herself. Watch this site - and, for now, thisinterim Periscope video during the break. Earlier, inside the Daniel Patrick Moynahan Federal Courthouse entrance, the security line snaked around, longer then usual. First Periscope video here. It made it difficult for Inner City Press to get in and still exit, retrieve electronics and report. But report we shall.

Upcoming in the SDNY is a just-filed complaint by the Bangladesh Central Bank for the $81 million hacking of its funds, which were then wired through the Federal Reserve Bank of New York, a case that Inner City Press will cover. Times change. Watch this site.