By Matthew Russell Lee
SDNY COURTHOUSE, April 2 – In the trial of US v. Bright for the murder of Amaury Paulino on Christmas Eve 2014 on 129th Street and St Nicholas Avenue, on April 1 government witness Martinez was cross examined about his own gambling, robbing of drug dealers and selling of fake drugs. He admitted to spending $150 a day on dice and card games, taking narcotic pills, selling soap and shaved sheetrock as drugs. He was questioning about what he told Probation Officer Stephanie McMahon for his own pre-sentencing report, a document usually said sealed until a defendant appeals. Bright's lawyer asked him questions in English, to which Martinez in Spanish often said, What doyou mean? Or even, What does he mean?
Judge Katherine Polk Failla several times stepped in to ask her own questions to clarify things, then instructed Martinez not to discuss his testimony during the lunch break, after which there would be more questions for him, re-direct and perhaps a detective, the government said. Martinez was led out, as was one defendant. We'll have more on this trial - we have requested the government's admitted exhibits.
Less than hour earlier when Eldar Rakhamimov appeared for sentencing for inflating the number of Pepsi and Canada Dry bottles returned through his business in theSDNY courtroom of Judge Ronnie Abrams, he had many of his employees and family members with him. His lawyer Tony Mirvis pointed them out, arguing that if not sentenced to jail he could pay back the $700,000 restitution faster. But half of the debt is to the State of New York; recently Judge Abrams rejected just such has argument from a medical software company executive on tax fraud. Here, Judge Abrams went below the 37 to 46 month guideline sentence, to 15 months withtwo years of supervised released - the books of his recycling company will be open - and a $15,000 fine. Two of his employees were asked to take off their caps by the Court Security Officers. The prosecutor said, It would not be a bad thing if his company just fell apart. The case is US v. Eldar Rakhamimov, 18 – CR – 72.
The day before in a class action lawsuit against BHH's rodent repellers creeps toward trial or settlement, SDNY Judge William Pauley heard arguments and ruled on no fewer than 14 motions in limine. There were nine from the class action plaintiffs, mostly successful, and five from the defendant, most unsuccessful.
During the three hours of argument, Judge Pauley said today is not the day to admit anonymous customer reviews from Amazon.com from the likes of "TaterSpud59" (whom he referred to as Tater Tot), and said that FTC press releases dubious about repellers will or would be admissible at trial, with apossible limiting instruction.
There was discussion of experts including a Michigan State University protocol which Judge Pauley shot down, adding that after MSU's victory over Duke, he is not disposed toward them. Judge Pauley took more time listening to arguments than many other judges would, and said he said spent the rainy Sunday - on which Duke was eliminated from NCAA March Madness - to read all of the papers. The sense, after the mouse motion marathon, was that the plaintiffs are in the driver's seat, and that the case may settle. There is a mediation scheduled for April 9 before Hon. John S. Martin (Ret). But Inner City Press will be cover it and what happens in the SDNY either way. The case is Hart, et al. v. BHH, LLC d/b/a Bell + Howell, et al., 15-cv-04804; class counsel is Yitzchak Kopel and BHH is now represented by Quinn Emanuel We were also at Judge Pauley's courtroom on the news there would be a proceeding in US v Genovese, a hedge fund fraud prosecution. But it was not there - once we left the courtroom and retrieved electronics, we were able to ask and learned Genovese was adjourned to April 10. We'll have more on this.
