SDNY COURTHOUSE, July 3 – While many even most cases in the Magistrates Court of the U.S. District Court for the Southern District of New York are sealed or have no case number given, on July 3 before Magistrate Judge Barbara Moses things hit a new level of murkiness. A defendant was brought inshackled at 6 pm. But after his Federal Defender and the Assistant US Attorney had what seemed to be a routine conversation, Judge Moses started summoning them to to office outside of the courtroom. It happened three times, with Pre-Trial Services invited in as well.
Finally the Courtroom Deputy said that the case wouldn't be called until 8 pm. While Inner City Press went to retrieve its laptop to report that perhaps this was pre-July 4 weekend solicitude, to either bail this defendant or find him the right place, the proceeding whatever it was, was done. The Mag court was locked without any name or case number being given, and no questions allowed.
Earlier on July 3, a murder defendant was brought through, charged with the killing in 2818 Bronx Park East of Shaquille Malcolm. The defendant's last name - no case number was given - was Hopkins, with all Speedy Trial Act time excluded until September 5. The charging document, even as shown to the defense, was missing the third count. One CJA lawyer stood in for another. And so it goes in the SDNY.
On July 1 two defendants were presented without any case numbers. But some, this time, had numbers: " DANTE PLUMMER VOSR 15-cr-95."
Inner City Press went to the Mag Court and found that this defendant, young looking, wanted to be bailed out to his mother, who works at a nursing home in Greenwich, Connecticut. While out on supervised release he was found in New Jersey, the prosecutors said, with marijuana and felons, and charged with a crime called "criminal simulation." He was bailed out, witt Judge Moses telling him that a third chance will likely not be given.ge
For another example, "CATALIVO LOPEZ NARCOTICS 18-cr-219."
Inner City Press went to the Mag court and found that this defendant was arrested in Massachusetts, while living openly in Providence, Rhode Island, on an indictment that had been sealed. So how, exactly, was he a fugitive, if the indictment against him was sealed? The government said he once gave an address in a traffic stop at which, some unspecified time later, he was not found at. This Assistant US Attorney, filling in for others but not given the information, was not done any favors. He handled it with good humor.
Meanwhile three more grand jury indictments were signed off on by Judge Moses: US v Carroll, assigned to Judge Vernon Broderick, and US v. Minaya, Assigned to Chief Judge McMahon via Wheel A. The third grand jury indictment, which involved warrants, was declared fully sealed. Inner City Press will have more on this, the sealing of warrant information by SDNY even later in cases.
There was also "ALDE KAZEEM SODIQ FRAUD 19-cr-462."
Inner City Press went to the Mag court and heard that while notice had been given to a consular officer of the country of which Sodiq is a national, Nigeria, his Federal Defender lawyer on the record accused the government of questioning after she had met with him on Saturday, June 29, in violation of US v. Miranda. He is charged with, among other offenses, money laundering. His Federal Defender, at this stage, did not push further. But shouldn't there be an inquiry? Watch this site.