Wednesday, July 3, 2019

In SDNY Murky Mag Court Burma Notice Mulled For Contraband Cigarette Defendant


By Matthew Russell Lee, Exclusive PatreonScope
SDNY COURTHOUSE, July 2 – While many even most cases in the Magistrates Court of the U.S. District Court for the Southern District of New York are sealed, on July 2 before Magistrate Judge Barbara Moses a defendant charged with contraband cigarettes and bribes, dressed in US Postal Service pants and referred to only as "Liu" was given as a bail condition a $100,000 bond. Then Judge Moses asked if the Burmese consultate should be notified.
 Forgetting for a moment that the country asks that it be called Myanmar (even as it slaughters the Rohingya), the government pointed out that Liu is a naturalized US citizen - and apparently postman - and that unlike for example Russia no treaty requires consular notification. Incongruously, the interpreter Liu had was said to be speaking Cantonese. We'll have more on this.
On July 1 some SDNY presentments had numbers: for example,   "KENNETH SIDERS    VOSR    12-cr-932."
 Inner City Press went to the Mag court and found a defendent in dread locks with a hard-working CJA lawyer, explaining how when he got out of jail he went to live in the apartment which included a man who had raped his girlfriend. The downward spiral left him, the Assistant US Attorney said, arrested in a park. He shook his head, it was on Madison Street just by the courthouse; he had been on his way to come meet his parolofficer.
  Unlike bankers and alleged drug dealers, this Mr. Siders was not granted bond. He remains in detention.
Another VOSR: "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.