Saturday, January 22, 2022

Columbia Dirty Doc Hadden Wants Laptop Suppressed As Trial Date Slipping in SDNY

 

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

SDNY COURTHOUSE, Jan 20– Columbia University doctor Robert A. Hadden was hit on September 9, 2020 with a Federal indictment charging that "sexually abused dozens of female patients, including multiple minors, under the guise of conducting purported gynecological and obstetric examinations."

The case was assigned to U.S. District Court for the Southern District of New York Judge Richard M. Berman, who handled the case of Jeffrey Epstein until he died in the Metropolitan Correctional Center.   Epstein came up during the bail argument, which Hadden won. Inner City Press live tweeted it, below.

 On July 14, Judge Berman docketed a letter the US had filed, with a full paragraph redacted, that it will seek a superseding indictment on another count of enticement, regarding an adult Victim-6. Letter on Inner City Press' DocumentCloud here.

  On August 2, Hadden's publicly funded (for now) counsel filed a series of motions, with redactions, citing Evelyn Yang and request dismissal of the case. It mentioned Evelyn Yang's interview then redacts a two line sentence. Then, "Andrew Yang public a statement, this media attention led to outrage regarding the 'lenient' sentence Mr. Hadden had received in the DANY Prosecution." Yes.

On December 15, 2021, Judge Berman held a proceeding and Inner City Press live tweeted it here (podcast here)

On January 20, 2022, another conference (actually, an oral argument) which Inner City Press live tweeted here:

Hadden, like another dirty doc in SDNY, Ricardo Cruciani (who still has his financial affidavit sealed despite Inner City Press' request citing its win in US v. Avenatti), has a publicly-funded lawyer, from Federal Defenders. She is arguing to suppress evidence

Federal Defender: If the Magistrate had known Mr. Hadden was already convicted of sex crimes, he would have known there was no hurry. But he didn't know. So there is a problem with the warrant. We need a Franks hearing Inner City Press @innercitypress · 1h [Franks hearing is named after this case: Franks v. Delaware, 438 U.S. 154 (1978)

 Judge Richard M. Berman [who had the US v. Epstein case, and held the post-death hearing in 40 Foley with survivors] So is this Hadden warrant public or sealed? Federal Defender: It's sealed.

 Assistant US Attorney: Mr. Hadden communicated with victims by phone and email, while he was with the University [Columbia]. And the communications were stored on his iCloud. That's not disputed. So the warrant covers that.

 AUSA: We have produced to the defendant all evidence that we have seized.  Judge Berman: Is it likely to be significantly different? AUSA: The responsive material is a small percentage of the electronic devices.

Federal Defender: The government has told us they want to put on an expert about deleted data. We can deal with that in our motions in limine... We ask the court to suppress everything, or everything that is outside the scope of the affidavit. Thank you

Judge Berman: Let's meet again Feb 2.  Federal Defender: We may have to move the trial date. Thanks for giving us so much time.


  Back on September 9, 2020 close to 10 pm, Hadden emerged from Pre-Trial then the courthouse. Inner City Press and three others sought to ask him questions, about the victims' statements and double jeopardy. He did not answer. A man in an FBI t-shirt led him first up Mulberry Street, then past the NYC criminal court at 100 Centre Street and finally out to Broadway and Reade Street where a taxi was waiting for Hadden. Periscope video here.

 SDNY Acting US Attorney Audrey Strauss held a press conference about the case on September 9.

  Inner City Press asked her if the indictment had been returned by a fully in-person grand jury, or if it had included a virtual component of the type being questioned in the CIA / Joshua Schulte, Melzer, Balde and other cases.

   US Attorney Strauss said the indictment was returned in the normal course, by a sitting grand jury. Periscope video here. Alamy photo here. She declined to say whether her office would be seeking detention pending trial, or agreeing to a bail package as they did in the recent case of indicted UN rapist Karim Elkorany.

There was no mention at the press conference for the charges against Hadden made publicly by Evelyn Yang, the wife of Andrew Yang, and not much mention of Manhattan DA Cyrus Vance.

Hours later, a bail proceeding before SDNY Magistrate Judge Robert Lehrburger (and not the Magistrate on duty on September 8, Barbara Moses). Inner City Press live tweeted it:

Speaking for the US is AUSA Maurene Comey...

 Judge Lehrburger: We are proceeding under the CARES Act. This is open to the press and public. Any recording is  prohibited. Hadden's lawyer: We are only representing him for this proceeding

 Judge Lehrburger: You have the right to remain silent... You have a right to be released unless I find danger to the community or risk of non-appearance for future court proceedings.  [Note: Ghislaine Maxwell was found a risk of flight]

Judge Lehrburger: You are charged with six counts of Enticement and Inducement to Travel To Engage In Illegal Sex Acts. Hadden's lawyer enters not guilty plea. AUSA Maurene Comey: The government seeks detention as risk of flight.

AUSA Comey: Today, the government has communicated with 20 victims. They all say he should be detained. He has the financial means to flee. Because of the minor victim, there is a statutory presumption of detention that cannot be overcome.

 AUSA Comey: He abused dozens of victims, including multiple minors, as prominent institution's [Columbia U] OB-GYN. He would sent nurses out of the room. [Did they ever report it?]

AUSA Comey: He conducted unneeded breast exams. He touched genitals without any medical purpose. He attempted to stimulate them, to gratify himself. For two decades. One victim, he had delivered as a baby

AUSA Comey: The women traveled to see him because he worked at a prominent institution. [What about Columbia?]

 The case is US v. Hadden, 20-cr-468 (Berman).

sdny 

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