By Matthew Russell Lee, Exclusive, Video
SDNY COURTHOUSE, May 10 – A man who flew from Iowa to New York City after negotiating to have sex with a seven year old girl and a nine year old boy was on May 10 allowed to go free on bond by U.S. District Court for the Southern District of New York Magistrate Judge Ona T. Wang. The proceeding went until 8 pm with Inner City Press the only media in attendance.
The defendant, described by Judge Wang's Deputy as "Donnie Fedder, 19-MAG-4559," sat for an hour shackled in a Carhartt shift. His Federal Defenders lawyer Julia Gatto emphasized that he is a crane operator and farmer of hogs. After a long break Judge Wang said he can return to the farm, with his travel paid for by the taxpayers, as long as he uses a flip phone and stays away from Starbucks. It turns out, however, that the GPS monitor she ordered may not be available in the Southern District of Iowa.
Troublingly, there appeared to be an attempt to keep parts of the proceeding non-public, to avoid coverage by the Press. With Inner City Press the only media in the SDNY Magistrates Court, Judge Wang sought to have the Pre Trial Services oral report outside of the courtroom. But the defendant had a right to be present. So it was held, in whispers, at the defendant's table. Inner City Press heard much of it but is not reporting at this time.
Publicly it was said that the defendant told an undercover agent that he has already had sex with an eight year old girl, who contacted him recently, now thirteen years old. He lives alone, making any monitoring of him by "unannounced" PTS visits dubious at best. Then it emerged that there may not even be GPS capability in the Southern District of Iowa. We'll have more on this. And see@SDNYLIVE.
SDNY background: Ivan Nieves was charged with vandalism and disorderly conduct for racist graffiti on the African Burial Ground, specifically with writing the N-word preceded by "Kill" on 1 November 2018 on a sign on Duane Street. After a nearly full day bench trial, Nieves was found guilty of vandalism, and not guilty of disorderly conduct. He is set to be sentenced on July 17 at 11 am, facing six months in prison. Periscope video here. After the choppy evidence portion of a bench trial on April 11, U.S. District Court for the Southern District of New York Magistrate Judge Ona Wang told the press in the courtroom not to publish Nieves' home address which had been said outloud by one of the three government witnesses. Judge Wang immediately agreed, then after press-back tried to say there is an injunction pending briefing.
But that is prior restraint.
Nieves' Federal Defenders lawyer Philip Weinstein, who made the request to seal in an "off the record" sidebar the legitimacy of which was also disputed, tried to use the gag order against Roger Stone as precedent. But Stone is before a court, in a way the media and people present in the courtroom are not. Judge Wang argued that people are under her jurisdiction merely by entering her court room. For prior restraint?
Resuming for summations at 3 pm, Judge Wang acknowledged that to direct the information not be reported would be prior restraint. She therefore shifted to requesting that it not be published, since Nieves says he has faced threats. Okay.
In the SDNY Magistrate's Courtroom on April 10 something similar happened, making this a trend in which press rights must be reaffirmed. Past 6:30 pm a defendant was presented and charged with one count of narcotics conspiracy. It was the last in a series of presentments and Inner City Press was the only media in the Magistrate's Courtroom. The defendant was arrested at 6:15 pm on Monday April 8 and waived his right to a speedy presentment. In fact, after a cursory colloquy in which the defendant was released into the Southern and Eastern District and then also the District of New Jersey, the Assistant US Attorney and the defendant's assigned counsel approached the Magistrate in a sidebar withheld from the Press and public, after which is was announced that all this will be filed under seal and not placed on the docket. But it took place in open court. Inner City Press in an abundance of caution is not publishing the name of the defendant. Watch this site.
Minutes before at 6:30 pm a frail defendant arrested in Florida on March 2 for the murder of Jonathan Martinez was presented and arraigned, pleading not guilty. He will not be seen until September 26 before Judge Loretta Preska, who sentenced UN briber Patrick Ho to three years. But this defendant, quickly referred to as Irizarry, is requesting mental health care stat, in the MCC or MDC. The lawyers went and conferred at sidebar out of public and Press hearing, which is fine for medical, but not necessarily everything. Inner City Press, the only media in the Magistrates Courtroom at this time, will continue to cover this.
Earlier on April 10 a defendant accused of three Hobbs Act roberries in October 2018 and February 2019 was presented, so hungry that his Federal Defender had to ask the marshals to bring him a lunch bag with an apple in it. Defendant Figueroa had barely opened the brown paper bag with the Magistrate judge returned. Assistant US Attorney Espinosa recounted the Hobbs Act robbery allegations, on 20 October 2018 and 11 and 17 February 2019. One Federal Defender was filling in for another, and Figueroa re-disappeared into custody, fate of apple unknown (execpt a CJA lawyer in the courtroom remarked he was so hungry he wanted the apple). Inner City Press will continue to cover this.
Earlier on April 10 at 4:55 pm, two brothers accused of trafficking in heroin on Jerome Avenue in The Bronx were given bail conditions. Their mother must come in and be deputized by the court; they must wear ankle bracelets that will set off an alarm if they approach any airport, given their connections to the Dominican Republic. They are legal residents, subject to what a Federal Defender called a double standard. But these are the conditions. One of the brothers is 28 years old with a six year old child he parents on the weekends. His younger brother has a child in the Dominican Republic - the judge inquired whether he was conceived in a relationship in the U.S. or DR. Afterward one of the attorneys joked this will find out if the mother prefers one son over the other. Inner City Press will continue to cover this.
