By Matthew Russell Lee, Patreon Song
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SDNY COURTHOUSE, July 2 – Defendant Ernest Horge back on February 27, 2020 said in open court that it is unfair he is in the same case as a man now set to be charged with capital murder.
Horge's court appointed lawyer Matthew D. Myers said he might soon make a motion for severance of the cased, but he has a trial on the other side of the country first.
Months later on May 28, 2020 amid the COVID-19 pandemic, Horge and Myers and others appeared virtually before U.S. District Court for the Southern District of New York Judge Laura Taylor Swain. Inner City Press again covered it, below.
On November 11, Veterans Day, the US Attorney's Office announced a superseding indictment that formally charges Scales with murder, and keeps Horge linked to him: "In the Superseding Indictment, SCALES is charged with causing another person to shoot at rival drug dealers on June 9, 2017, in the vicinity of 1135 East Tremont Avenue in the Bronx, New York, causing the death of Joshua Lopez. SCALES and HORGE are also charged in the Superseding Indictment with engaging in multiple specific drug sales between November 2018 and February 2019, in addition to the narcotics conspiracy charged in the initial indictment." The case was reassigned to Judge Jed S. Rakoff, the docket said.
On March 17, 2021 Judge Rakoff held a 4 pm proceeding, after presiding for the whole day over the Eaze trial, in the same large courtroom. Scales was present, but Horge was not. He was unceremoniously moved out, for evaluation. Some of those close to him have reached out with question.
There has been, from the beginning of this case, some lack of transparency. But what will Judge Rakoff's recent order that the US Attorney's Office should make trial exhibits available publicly by midnight of the trial day they are introduced, that may change.
Now in May 2021, after Horge in essence disappeared into the BOP fog to be evaluated, he has written from the MDC that he, with a condition that would react badly to it, has been placed in a cell with a man with tuberculosis. Inner City Press has been asked to help and for now, this song.
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On May 12, Judge Rakoff held a Curcio hearing with Ernest Horge present in person. Inner City Press went as well. The possible conflict of interest was a former client of Myers. AUSA Frank Balsamello said the government would not be using that person in any way.
Judge Rakoff asked Horge if he waives the conflict and accepts Myers.
For now, Horge said.
Judge Rakoff explained that a future bid to change counsel might not be approved, if it interfered or conflicted with the July 7 trial.
Judge Rakoff asked Horge if there was anything more he wished to say.
Maybe when I get back into the holding cell, Horge said. Then it was over.
But on June 28 there was another change of counsel proceeding listed. Inner City Press went to the 14th floor and found the AUSA in the hallway, but the courtroom door apparently locked. Afterward, this: "Attorney update in case as to Ernest Horge. Attorney Megan Elizabeth Wall-Wolff for Ernest Horge added. Attorney Matthew Daniel Myers terminated."
And now on July 2, this: "ORDER as to Sydney Scales, Ernest Horge: The telephonic requests of defendant Ernest Horge's new counsel, made earlier today, to sever his trial from that of co-defendant Sydney Scales and to adjourn his trial so that new counsel can adequately prepare for trial is hereby granted. The trial of co-defendant Scales will proceed as scheduled starting July 20, 2021. Mr. Horge's trial will commence on October 4, 2021. With respect to Mr. Horge, the Court finds pursuant to 18 U.S.C. §3161 (H) ( 7) (A) that the interests of justice served by an exclusion of the time from today's date through October 4, 2021 outweigh the best interests of the public and the defendant in a speedy trial, as Mr. Horge's decision to substitute counsel less than a month before trial requires an adjournment to enable new counsel to adequately prepare for trial. SO ORDERED. (Time excluded from 7/2/2021 until 10/4/2021) (Signed by Judge Jed S. Rakoff on 7/2/2021)."
Inner City Press will remain on this case.
Previously Horge and Myers described non-functional computers to review discovery in the MCC, requiring him to print out nine inches of documents from a hard drive the US Attorney's Office provided him.
U.S. District Court for the Southern District of New York Judge Laura Taylor Swain, who has also received handwritten letters from Horge's family members and filed them in the docket after redacting children's names, patiently asked Horge about his medication. On February 27 she urged him to speak less.
But Horge had more to say. He insisted that the gun was found in someone else's room, in someone else's apartment.
He said the prosecutors, here represented by AUSA Frank Balsamello, were just "using 924(c) as a bargaining tool." He said everybody loves him, he has a great sense of humor. He rhymed Prosecutors lying and kids crying, and called the whole situation a "Star Spangled Banner blueprint for genocide."
The case is US v. Horge, 19-cr-96 (Rakoff).
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