SDNY COURTHOUSE, May 15 – A taxi driver who pled guilty to involvement in a narcotics conspiracy in the Bronx was sentenced on May 15 to time served - and then had the entire sentencing proceedings purportedly sealed, to conceal his role as a cooperating witness.
But the sentencing took place in open court with Inner City Press the only non-family member in the gallery, before U.S. District Court for the Southern District of New York Judge Naomi Reice Buchwald. And the cabbie, Roberto Lizardo, testified at trial on March 23, 2018, including about his cooperation agreement. Will this be retroactively sealed, too?
Lizardo's lawyer, whose name does not seem to appear in the public docket in which all filings regarding Lizardo have been subject to "delayed docketing," argued that Lizardo may be subject to a removal order to the Dominican Republic where, he said, they do not like informants.
Assistant U.S. Attorney Nathan Wren, a/k/a Thane Wren, who several times looked back at Inner City Press in the gallery, said he had no problem with sealing everything. He said that Lizardo's cooperation had no only help convict Roberto Arce but had convinced Daniel Monsanto Lopez to not pursue a Fatico hearing to try to to show he is or was eligible for a "safety valve" and lesser sentence.
Should all of this be confidential? Even if so, how can that be if the proceedings are in open court? US v. Lizardo was listed on the electronic board in the lobby of 500 Pearl Street on May 15, but was not listed in the list of the week's proceeding put online. Likewise on May 15 it was said that it would be difficult for the public to learn of Lizardo's testimony since the transcripts are only available on terminals in the courthouse. Is this any way to run a court system? We'll have more on this - for now, we have more on Patreon, here.
