Tuesday, April 9, 2019

In SDNY Dominican Defendant Wants Expedited Sentencing But Judge Says Probation Underfunded


By Matthew Russell Lee, PeriscopePhotos

SDNY COURTHOUSE, April 9 – A defendant pleading guilty to entering the U.S. after a prior deportation for drugs asked for an expedited sentencing, and presumably second deportation to the Dominican Republic on April 9 in the U.S. District Court for the Southern District of New York, before Judge Deborah Batts. 

But Judge Batts declined to give earlier dates, saying that the Probation Department is understaffed and underfunded. Defendant Daniel Francisco Portes' lawyer told the court and his client's family that he will nonetheless ask Probation to expedite things. Judge Batts said she will wants the parties to comment on the draft pre-sentencing report. It was a moment in an ongoing social debate, in a large courtroom with only one media present: Inner City Press.

 We'll continue to follow this case - but not this one: Abdul Odige's criminal case began in 2004 but on April 9 his supervision was removed. He has passed his marijuana tests; he has gotten a job in health care. He was arrested for driving with a suspended lisence - but it was for a fine he didn't know he owed. Probation spoke up for him, and even the Assist US Attorney. And so it was over, a too rare positive story. The case is, or was, US v. Odige, 04 Cr. 196 (DAB)....

  A defendant brought before SDNY Judge Paul Crotty on March 27 wanted to change lawyers. Then he told Judge Crotty that his outgoing lawyer had taken his Honduran passport and ID and he wanted it returned. The matter was not resolved on the record; the lawyer being relieved, seeing Inner City Press with a reporter's notebook, came over and asked, Why are you covering this? Well, there is an absolute right to cover the courts. And when the allegation is that legal identity documents are taken and not returned, it should be pursued. To belatedly answer the inappropriate question of the lawyer being replaced, who after Inner City Press' answer of "Here I am" went and whispered with the judge, there was a break in the jury instructions in a case elsewhere in the courthouse that Inner City Press is covering. But really there is no need for the press or public to answer. Rather, where are the documents? After a long trial for a Bronx murder 22 years ago in 1997, on March 27 U.S. District Court for the Southern District of New York 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.