Saturday, September 25, 2021

Bronx Drug Defendant Faced His Rap Lyrics in SDNY Trial Found Guilty of Shooting 12 Y/O

 

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Sept 22 – Nicholas Joseph is charged with narcotics conspiracy in The Bronx, with a jury trial that was ongoing on September 17.  Inner City Press covered it, until the (guilty) verdict on September 22.

U.S. District Court for the Southern District of New York Judge P. Kevin Castel managed the proceedings. On September 22 the US Attorney's Office announced that the jury returned a guilty verdict today against NICHOLAS JOSEPH, a/k/a “Gotti,” a/k/a “Finesse,” on five counts in a Superseding Indictment, including charges of racketeering conspiracy, violent crimes in aid of racketeering, and firearms offenses.  JOSEPH is scheduled to be sentenced on January 5, 2022, by U.S. District Judge P. Kevin Castel, who presided over the seven-day trial. 

But they did not mention their decision is use the defendants rap lyrics and videos. Was it necessary?

 The US Attorney's Office on July 23 filed a motion in limine seeking to show the jury some of Joseph's rap videos including "gang signs, gang colors and firearms" - and his lyrics.

Given the First Amendment, was this really necessary?

On August 24 a proceeding was held and Inner City Press covered it. Joseph wants a 2 to 3 week delay, citing the difficulty of access at Essex. The US Attorney's Office opposed.

On September 17, a cooperator Cruz was in the witness box, describing being arrested in Maine in 2019 and becoming a cooperator to try to get a time served sentence. The US Attorney's Office did play a rap video - which led the defense to argue to get into evidence the fact that the defendant got $21,525 in settlement money from the City. Judge Castel told the prosecutors to reach a stipulation to let this in. The trial will continue. Was the rap showing necessary?

The case is US v. Joseph, 20-cr-603 (Castel) 

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