SDNY COURTHOUSE, March 28 – When defendant Daniel Hernandez was brought for his Curcio hearing into the U.S. District Court for the Southern District of New York courtroom of Judge Paul A. Engelmayer on March 28, he was shackled hand and foot, sporting four colored braids and face tattoos and a wide smile. He conference with Dawn Florida, his non-conflicted counsel as the docket puts it, but also with the allegedly conflicted lawyer Lance Lazzaro. Then Judge Engelmayer began his questions, about Hernandez' GED and if he understood and accepted the possible conflict of interest.
Only that morning co-defendant Kifano Jordan pled guilty. But Faheem Walter, whom Lazzaro also represented in the past, had not pled guilty. The case is U.S. v. Jones et al, 18-cr-00834-PAE, a/k/a Nine Trey Gangster Bloods.
Hernandez said Kifano Jordan had referred him to Lazzaro on a state case (in the elevator afterward when Inner City Press asked about this case, the answer was that it has been dismissed); he became aware Lazzaro had represented Faheem Walter when Lazzaro made an appearance for Walter sometime in October or November 2018. He said he understood the conflicts and accepted them. Judge Engelmayer said he accepted it. Lazzaro is back. Minutes later in the sunshine outside 500 Pearl Street Lazzaro was working his phone on another case. And so it goes in the SDNY.
The day before on March 27 after a long trial for a Bronx murder 22 years ago in 1997, SDNY Judge Kevin Castel read instructions for the jury and told them, "And with that, you may discuss the case among yourself." After the jury went into their room, with marshal in the hall outside, Judge Castel told the seven lawyers they were all welcome to come back and appear before him. He said only a grueling work load for lawyers on trial keep the jury trial system going, so the jury service is tolerable in terms of length. Then he added his eight minute rule - that they should not go back to their offices (except maybe the prosecutors, to St. Andrew's Place), so they can return to court on eight minutes' notice in case the jurors send a note out. The US v. Latique Johnson trial Inner City Press has been covering or trying to cover across Pearl Street in 40 Foley Square, it remains unclear if the exhibits will be put online or notice given. Earlier this week Inner City Press dropped by and asked one of the defense lawyers, the one who waved a gun around during summation, if there had been jury notes. Yes, he said. But what did they say? In the Bronx cold case, two days before on on March 25 a government witness described how his van was shot at on Thanksgiving 1997 as he drove away from a disco he found too crowded. The defense quizzed him if he had been selling drugs on 26 March 1999 and 29 January 2000 and 2 February 2001 before being deported to the Dominican Republic. "I would just sell them when I needed a couple of bucks," he said. As to who killed his brother, witness Ventura said, "I know who did it." While Inner City Press had to leave to coverthe Michael Avenatti presentment 12 stories higher in the SDNY courthouse, a person watching the entire trial marveled to Inner City Press that "the defendants wife came, she works for Immigration, how is that possible." We'll have more on this ongoing trial. Back on March 21 a former NY police officer now working in Florida testified about stopping a white van with a gun in it on 188th Street and the Grand Concourse on 29 August 1991 and, along with Officer Serge Denecko, arresting for men in the van. Earlier a woman who was shot at and grazed on the chin described seeing a gun sticking out the passenger's side, and that Hinton, her ex boyfriend, sold drugs on 149th Street under the direction of "Rob," presumably the defendant Roberto Acosta a/k/a Mojica. More and more facts are coming in - maybe too many? Back on March 20 a now elderly man who had moved tens of kilos of cocaine in 1998 was cross examined about how much times he has met with the prosecution to prepare this testimony. It got repetitive, as pointed out by U.S. District Court for the Southern District of New York Judge Kevin Castel. Did he meet Detective Vasquez on January 26, 2018? He couldn't remember the date but yes, many times. Did Detective Vasquez drive him around and take photographs of the sights and stash-houses he pointed out (presumably including 156th and Broadway)? Yes. Later on March 20 there were two forms of testimony about University Avenue in The Bronx. There was the double murder, on 22 December 1997, Carlos Ventura and another. By 1999 there were payments into the prison commissary account of Jose Diaz a/k/a Cano, a full $200 from Joyce Pettaway who lived in Apartment 4-G of 2769 University Avenue from September 1992 to November 5, 2001, according to a stipulation by the landlord Jonah Associated. There was a long sidebar about an objection to double hearsay; there was a reference to two cassette tapes of recorded conversations between Robert Acosta a/k/a Mojica and a person whose name was redacted, and a description of how evidence is destroyed. Two days before, the now-old man testified about picking drugs up in Jackson Heights, Queens and Lodi, New Jersey and cooking it into crack in an an apartment on the aforementioned (and photographed) 156th Street and Broadway in Manhattan. At day's end under cross examination he described in detail buying a kilo of coke for $40,000 and selling it for $125 a gram - a mark up for nearly 300%. The goal seemed to be to get the jury to see the witness as a predator, not exactly difficult, despite how he has aged.
He said he would fly to Miami and buy the cocaine from " a Colombia gentleman" named Jose Picardo; he described without objection "un africano" named Mike and two Dominican women paid $10,000 each to flying into Newark from the Dominican with heroin strapped to their bodies. The money to pay them exchanged hands in a restaurant on 155th Street and Edgecombe Avenue, "on the way to Yankee Stadium." Where the old Polo Grounds used to be...
Earlier in the day there were hearsay objections made to Judge Castel which he took to the sidebar. The courtroom was relatively full, but apparently no media other than Inner City Press. The testimony was specific: the cocaine was driving from Texas to the Lodi NJ car mechanic shop owned by a man named Wilmer. The cocaine was welded into the floor of a truck. Roberto Acosta's cars all had traps for drugs, money and guns. The now old man was paid, not by the week, but by the job: how much was moved. He used his apartment in Yonkers and the parking place that came with it. Acosta recruited him in 1997, the year of the underlying murder, in La Estrella #2. The old man couldn't remember what kind of cell phone Acosta used in those days, only that it was small.
