By Matthew Russell Lee
SDNY COURTHOUSE, April 4 – Accusing of trafficking heroin to support the Haqqani network in Afghanistan, the US Attorney's Office on April 4 asked that defendant Haji Abdul Satar Abdul Manaf be admonished to tell his family members in Afghanistan not to threaten witnesses. U.S. District Court for the Southern District of New York Judge Paul Crotty was happy to do so, and set a control date 30 days out about discovery. But an incongruity arose. It was said that Manaf can neither read nor write, yet the prosecutor referred to hundreds of text messages as being part of the discovery. Afterward, Inner City Press the only media present for the proceeding asked her to explain. She politely declined. Judge Crotty meanwhile asked Manaf's lawyer in what language she speaks with him - Urdu - then asked, You don't speak Pashtun? We'll have more on this.
The Federal Defenders scored a big win in a misdemeanor proceeding that only Inner City Press attended and covered on April 2. They defeated the U.S. Attorney's Office which argued that the simple assault they agreed to on a dispute on a cruise ship required allocution to actual physical conflict. There was case law on the Federal Defenders' side, and a plea to making a threat on the cruise ship - in "international waters" -- was found sufficient. The case was United States v. Batista, 18 Cr. 730 (NRB). The Federal Defenders lawyer was Sabrina P. Shroff, whom Inner City Press has previously covered in the UN bribery cases of Patrick Ho (new Hong Kong documentaryhere), getting bail for Cheikh Gadio, and of Ng Lap Seng, representing hapless Jeff Yin. The issue in Batista was whether simple assault requires the defendant to "strike or choke." Ms. Shroff cited the US v Denis and US v Chestaro cases, and the matter was quickly disposed by Judge Naomi Reice Buchwald in her relatively small courtroom on the 21st floor of 500 Pearl Street. The question is why the U.S. Attorney's Office in this case had not researched basic case law - and whether the defendant Carlos Batista, Junior, from the Dominican Republic, must now be deported. We hope to have more on this.
Earlier on April 2, in 40 Foley: "I was a street drug dealer in from of my building in the Bronx," a defendant told SDNY Judge Paul A. Engelmayer on April 2. Defendant Gonzalez was pleading guilty to a lesser included charge, with a guideline sentence of between 120 and 150 months in jail. But he won't be sentenced until July 11 at 2:30 pm, after the Probation Department does its interview and issues a Pre Sentencing Report that will remain sealed until, somehow, Gonzalez appeals. We'll have more on this - there were no family members in the courtroom, no media other than Inner City Press. 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 the SDNYcourtroom 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 with two 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 (RA).
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.
