By Matthew Russell Lee, Video
SDNY COURTHOUSE, August 1 – 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 was sentenced on July 18 to a month's home confinement with a location monitoring bracelet. Periscope video here.
On August 1 in the SDNY Magistrates Court with Inner City Press the only media present Nieves re-appeared, in custody. He had refused the location monitoring bracelet that Magistrate Ona T. Wang had ordered. When she asked Probation if it could be put on today they said no, Nieves was not "amenable" to it and refused to return their calls.
Judge Wang ordered Nieves detained, along with his prostate medicine. Nieves got a new lawyer, a Mr. Epstein, who said since he will be in the SDNY courthouse next Thursday anyway, why not another Nieves hearing then? Inner City Press will be there. Nieves' Federal Defender lawyer previously said, "Nieves is now working for the Parks Department. The vandal had refused to participate in court-ordered mental health assessments. Nieves’s brother died at a young age after being abused at a mental health clinic, Weinstein said. The tragedy left Nieves with a lifelong aversion to therapy, but now Nieves plans to receive grief counseling through a church program, according to his public defender."
If he can say that publicly, what is the basis for withholding the entire sentencing submission? And why has Judge Wang, who as Inner City Press reported initially asked to prior restrain reporting from the trial, not denied or modified the implicit request for total secrecy and privatization of the sentencing process?
Only from Nieves' lawyer is it said that Nieves got thirty days home confinement. Inner City Press, working perched over the 500 Pearl Street PACER terminal that at least for 17 hours had no update on the sentences, has been advised to not ask so many questions. The US Attorney's Office did not (yet?) send out a press release, as it did after Judge Wang's verdict. We'll have more on this.
Back in April 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.
Earlier still on April 10 in SDNY Magistrate's Court, Vincent Esposito pled guilty to one count of racketeering , with a sentencing range agreed with the government at 24 to 30 months in prison. The US Attorney's Office made a proffer that Esposito extorted a union official, and a financial adviser. His three lawyers accompanied him afterward, then left. Esposito and two apparent family member rebuffed the media at the elevator, then again on Mulberry Street. Inner City Press Periscope video here. The control date is July 10 - we will continue to cover this and other SDNY proceedings. Minutes before Esposito's plea, another man was charged with biting an ICE agent in the Bronx....
In March in the rackeeting trial of Joe Cammarano and John "Porky" Zancocchio that resulted in acquittal, in the SDNY the afternoon of March 5 ended with a government witness authenticating audio tapes he recorded in his pizzeria which, it seemed, one of the defendants was trying to take from him. He said he preferred Vinnie TV over Joe C. and Porky - who smiled and waved when his name was mentioned - but that he tried to get along with them, including by going to Porky's restaurant Bella Donna. He said that all the made guys were there on Fridays.
Like a happy hour, commented Judge Alvin Hellerstein, to some laughter including among the jury. (Later Judge Hellerstein would stay to hear and grant a motion to dismissed a sexual orientation discrimination and retaliation claim against SUNY. Such is the schedule of a Federal judge.) The trial was wrapping up - and ultimately resulted in acquittal: on March 13 the jury acquitted the two of racketeering and conspiracy to commit extortion charges. Gina Castellano, the lead prosecutor, had said they "worked together and with other members of the mob to commit crime after crime — extortion, loan-sharking, drug dealing, assault and fraud. These two men led a sophisticated criminal organization that took whatever they wanted from whoever they wanted through intimidation,” she said. But unlike with the Millbrook Houses in The Bronx, for example, this prosecution didn't work. We'll have more on this. March 5 had ended with Stephen Sabella being questioned about racist Facebook posts and a scar his step-brother left on his head. Stephen Sabella testified that the defendant John Zancocchio gave him a black eye and a broken tooth and stole his busienss from him, some $2 million in all.
"I can't stand him," Stephen Sabella said. But he went beyond that, and posted on Zancocchio's daughter's Facebook wall insults against her bi-racial daughter. He called Zancocchio himself a "stuttering MF-er;" Zancocchio's lawyer referred to "my client's disability." He cross examined: you know her from Bella Mama Rose, right? She's a good person, right? Judge Alvin Hellerstein sustained an objected by Stephen Sabella managed to work into his response, yes she is a nice person. He said he wasn't sure how Facebook worked, how many people saw his posts.
A liquor salesman posted a photo with Zancocchio calling him a classy guy; Stephen Sabella replied online that he was surprised, unless the salesman meant a thief and robber. When Stephen Sabella was beaten up a second time outside his home he decided to cooperate with the government. But, he admitted, he continued with a gambling book and some drug sales, "just marijuana," he said. Asked if his father was arrested in Florida for cocaine he followed Judge Hellerstein's sustaining the government's objection and did not answer.
Still one wondered how this might hurt his credibility with the jury, one of whose members told Judge Hellerstein that Stephen Sabella's name was mis-spelled in the transcripts that were passed out to the jurors. Stephen Sabella explaining his own calls was one thing - but another government witness was asked to authenticate a series of calls about "meet you in twenty minutes," "I can't hear you I'll call you right back" and the like. At one point classical hold music came one and Judge Hellerstein quipped, Is Mozart a part of this case? Cammarano's laughed followed suit, saying "I object." Perhaps the music was Vivaldi.
Judge Hellerstein's is a classy court room, where he has waxed poetic of defendants like Norman Seabrook and Murray Huberfelt, why do good people do bad things. The phrase has yet to be heard in this trial. Earlier on March 4, the government put on the stand an expert on La Cosa Nostra, to whom the defendants objected without avail. He described a system in which proposed new "made men" must be circulated to all of the five families to see if there is any objection, akin to the silence procedure in the UN Security Council with its five permanent members. Because of the high level of incarceration, a previous rule of new members only being allowed in to replace deceased one has been waived - each year, each family can bring in an additional two members. Similarly, the requirement that made men be 100% Italian has been changed such that only the father must be Italian. He said surveillance of wakes is "of incredible value to law enforcement.. The understanding is visual, a hierarchy, you put the dots together." And slowly, perhaps too slowly, in this SDNY courtroom, the dots are being put together. Back on February 28, beyond testimony by the Business Integrity Commission now looking in sham unions, the head of security for the Peninsula Hotel certified the one-night stay of Zancocchio for a mere $295, saying the normal rate was $795. Zancocchio's lawyer on cross established that the three other couples staying at 700 Fifth Avenue in the Peninsula that night each paid with their own credit card, including yesterday's carting witness William Cioffi. Then a retired NYPD detective Kevin Hui, now with FSA Capital, came on to describe his surveillance of a one story building next to a car wash on March 22, 2015. Thus are cases built - or not. On February 27 Cioffi described in great detail how demolition debris was dumped on a construction site on Staten Island. There was a price war on such dumping, and a company called Silver Star stopped paying. And so the witness or rather his wife signed checks to the site's owner; the witness signed a non prosecution agreement and now testified again Cammarano today in a sweater and Zancocchio whose last name he said he never knew. TD Bank handled the funds; the Peninsula Hotel was a place to stay overnight in Manhattan. The trial is motoring along, the prosecution said. Even ending the week on Thursday at 4 pm, the government's evidence will conclude next Wednesday. But what might the defense have up its (sweater) sleeve? Earlier on February 27 Judge Alvin Hellerstein disallowed several of the questions of Zancocchio's lawyer John Meringolo. Judge Hellerstein has told the jury to be sure not to read anything written about the case or broadcast, presumably including Periscope live-streams. Two audio captures of initial government witness Lovaglio were disallowed, one with U.F. a/k/a Unidentified Female a/k/a "my ex-fiance" as the prosecution said Lovaglia called her. There will be ten to twenty more minutes of cross, ten minutes of re-direct. Judge Hellerstein has requested a glossary of names, or a chart with photographs like "before the age of automation." But the prosecution and defense couldn't agree to what should go in the chart. The chart or easel or something like it will be part of summations. For now the trial continues: watch this site. When Lovaglio described his current eight year New York State jail sentence he recounted being insulted by the step son of the owner of a sushi restaurant owner on Staten Island. "I assaulted him with a glass," Lovaglio deadpanned. The man's eye no longer works, and he would not accept money to make the criminal complaint go away. Now Lovaglio is suing his NYPD handler for telling him not to take a lesser plea, for assuring him he wouldn't do a day in jail. He is in a "private detention facility." Judge Hellerstein wanted to know what they meant. It's a private prison.
