By Matthew Russell Lee, Patreon Podcast
BBC - Decrypt - LightRead - Honduras - Source
SDNY COURTHOUSE, March 11 – When Larry Ray was arraigned on charges of sexual exploitation, prostitution, forced labor and money laundering on February 12, 2020 he was wearing prison blues and still had a Federal Defender, but no financial affidavit to have FD appointed. Twitter theadette; More on Patreon here.
On March 9, 2022, the jury for Larry Ray was picked, by his five Federal Defenders and three prosecutors, on the robing room of Judge Lewis J. Liman. Inner City Press live tweeted, thread here (podcast here)
On March 10 Inner City Press live tweeted the opening statements, here (podcast here)
On Day 2 of the trial, March 11, Santos Rosario continued on direct examination, Inner City Press live tweeted it here (morning vlog here)
Santos Rosario still on the witness stand Direct examination continues.
Assistant US Attorney: Who did you send this email to? Santos Rosario: Larry Ray. He told me I should be more forthcoming & make a list about Talia. AUSA: And how did you feel, making these lists? Santos Rosario: Absolutely pressured.
AUSA: And in this one what did you tell Larry? Santos Rosario: That I was sabotaging Talia's relationship with Marvin. AUSA: Who first raised this to you? Santos Rosario: Larry.
AUSA: How did Larry Ray respond if you disagreed about harming his daughter? Santos Rosario: He'd call me a liar. [Another audio recording of Ray is played, loud]
Now playing in Courtroom 24B, more Larry Ray audio AUSA: Who said, Santos are you being dishonest right now? Santos Rosario: Larry said that. AUSA: Did you go back and speak to Marvin? Santos Rosario: Yes. And Larry told me to say 2 more things to him.
AUSA: When you worked on the apartment on 93th Street, was Larry every satisfied with your work? Santos Rosario: No. There was verbal abuse. And physical. He held a knife to my throat and punched me in the chest.
AUSA: What did you see Larry Ray do to Daniel Levin? Santos Rosario: Larry made a contraption with tightening Saranwrap. AUSA: And to your sister? Santos Rosario: He grabbed her hair. She had supposedly harmed him in some way.
Santos Rosario: Larry said that I was dragging my feet on sanding the front part of the apartment. He called it a destructive behavior. He said the same thing about me looking sad, and being careless about throwing things out. I confessed to it.
AUSA: Who first suggested to you that your mother may have hurt you? Santos Rosario: Larry did. AUSA: Ms. Hernandez, please play the audio from Minute 7. [Audio plays] AUSA: Who said, you may have hurt her? Santos Rosario: Larry did.
[More audio, with Santos Rosario crying. On the tape:] Larry Ray: I'm hanging up. Santos Rosario: No! Please! I breathed on the sandwiches... Larry Ray: Start with the worst thing you did with food and then go backward.
AUSA: Your Honor, Ms. Hernandez is having a computer problem with the exhibits that will take five minutes or so to fix. It might be a good time for a break. Judge Liman: Jurors, we'll take our break. Do not research the case.
Programming note: Judge Liman asks, and AUSA provides, info on upcoming witnesses (sp) Expert Dawn Hughes; paralegal Sunny Dressler; Matt Frost / Backpage; "then Claudia Drury, probably for more than one day."
They've back. AUSA: Who else beyond your parents did you ask for money to give to Larry Ray? Santos Rosario: My high school friends and counselor. AUSA: And the money you earned as a waiter? Santos Rosario: I gave it to Larry. Through Talia.
AUSA: And when you went to see Larry Ray in North Carolina, what did you do? Santos Rosario: Shoveling gravel. Digging ditches. Moving sod. [Sod photos shown]
AUSA: What did you do after Larry Ray told you to perform oral sex on Isabella Pollok? Santos Rosario: I did it. AUSA: And where was Larry? Santos Rosario: Nearby.
[Note: Isabella Pollok, now working at Amazon on Staten Island, will be tried separately
AUSA: What did Larry Ray mean, when he said he had your computer and hard drive? Santos Rosario: My computer stopped working and he offered to fix it. So I gave it to him. It had my recordings of him on it.
Now US plays audio of Larry Ray ranting, "You gonna put me in jail? You little cock-a-roach.. You tellin' the truth?" Then in the audio clip, Santos Rosario sounds to be cowering, saying Yes! Yes!
Audio played in Courtroom 24B continues, with Larry Ray saying, "I'm going to post your worst videos, everywhere." AUSA: Your Honor, I'm about to move to another video. Could we have a brief sidebar, and the jurors could have a stretch break? Judge Liman: Yes.
They've back. AUSA: What did Larry Ray mean when he said, I'll put this through your skull? Santos Rosario: That he would hit me with the hammer he was brandishing.
AUSA: Did Isabella Pollok have on her computer copies of video confessions? Santos Rosario: Yes. Of all of us. But not of herself. AUSA: And what did you think Larry Ray meant when he said he was going to pull your pants down?
Covering will continue, including on Patreon.
Back on April 28, 2021, there was a suppression hearing about his arrest and questioning. Inner City Press live tweeted it here and below.
On December 22 Ray's Federal Defenders requested a jury questionnaire citing adverse publicity "not only in traditional media outlets." But the next sections contains redactions, after the words "Community Bookstore live, and apparently of a URL, because it contains a name. But how then is it confidential?
On February 4, the Federal Defenders wrote to Judge Lewis J. Liman that "the attorney client relationship between Mr. Ray and his defense team has irreparably broken down... Mr. Ray requests that the Court appoint new counsel." This was heard on February 10, without the previously available call-in line (unlike a February 4 Coinbase oral argument on which the line was opened).
On March 7 in Courtroom 24B, Judge Liman informed the parties that he will not tell the jurors about sexual grooming, finding it incorporated in sexual manipulation.
Ray's lawyers said they'd like the jurors unmasked, so their faces can be seen. They cited NYC Mayor Eric Adams on March 7 eliminating masking requirments except on the subway. Judge Liman said his previous ruling requiring masks stands.
On March 8, a heading for March 9 at 4:30 pm was set: "Minute Entry for proceedings held before Judge Lewis J. Liman: Motion Hearing as to Lawrence Ray held on 3/7/2022. Defendant (1), Lawrence Ray (in custody) present with Federal Defenders Marne Lenox, Allegra Glashausser, Neil Kelly, and Peggy Cross-Goldenberg. AUSAs Danielle Sassoon, Mollie Bracewell, and Lindsey Keenan present. Sawyer Dean present on behalf of Claudia Drury. Court reporter present. The motion for Jane Doe 1 to testify under a pseudonym is denied as moot. Motion to exclude Frost testimony is denied. Ruling on 404B is reserved by the Court. The Court sealed the Courtroom to hear from parties regarding the Rule 412 Motion regarding Claudia Drury. A Rule 412 Motion Hearing regarding Felicia Rosario and Claudia Drury is scheduled for Wednesday, March 9, 2022 at 4:30PM in Courtroom 15C."
There was this, from Ray's Federal Defenders: "We write in response to the governments letter of February 24, 2022 seeking a Court order permitting five prosecution witnesses to testify using only their first names at Mr. Rays upcoming trial. This request should be denied both because it is moot and because the government cannot carry its burden to justify such an imposition on Mr. Rays (and the public's) right to a public and open trial."
While Inner City Press always likes counsel asserting the public's right to access, it is ironic because the Federal Defenders are arguing to SDNY Judge John P. Cronan, and now the 2d Circuit, that the financial affidavit of "Dirty Doc" Cruciani should be sealed, despite Inner City Press' requests as in Avenatti and Correia, here.
On March 3, the schedule: "Jury Selection will begin on Tuesday, March 8, 2022. The Jury Trial will be held in Courtroom 24B, with an overflow room to be set up in Courtroom 15C. The Court will be in session Monday to Thursday from 9:30AM to 4:00PM and Fridays from 9:00AM to 1:00PM. A Rule 412 Motion Hearing is scheduled for Monday, March 7, 2022 at 2:00PM in Courtroom 15C before Judge Lewis J. Liman."
Now... headphones? On March 4, this: "ORDER as to Lawrence Ray. The Court has received an email from a paralegal for the United States Attorneys Office inquiring about the availability of headsets for the jurors to listen to sensitive audio. The Court will inquire into the logistics regarding making such headsets available. At the same time, the Court invites the views of the parties, to be provided to the Court by Sunday, March 6, 2022, at 5:00 p.m., regarding the legal principles it should apply in the event that there is a request to publish materials to the jurors and the parties but outside of the hearing or viewing of members of the public." Watch this site.
On February 9, the US Attorney's Office wrote in to "request that the Court conduct a thorough inquiry into the nature of the alleged breakdown... Even if the Court determines that the motion is not a delay tactic, it may nonetheless be appropriately denied." Judge Liman ordered, " Ray has not asked for the trial to be adjourned. However, it is possible that if his current counsel is permitted to withdraw and new counsel were appointed, the inevitable result would be for trial to be delayed, perhaps for a lengthy period of time. The law permits the Court to consider issues such as the Speedy Trial Act and calendar management in reviewing an application for the withdrawal of counsel and the appointment of new counsel. In addition, under the Crime Victims' Rights Act, a crime victim has the "right to proceedings free from unreasonable delay." 18 U.S.C. s 3771(a)(7). Certain individuals have been identified as alleged victims in this case. Accordingly, it is hereby ORDERED that any alleged victim who wishes to be heard on the issue of potentially delaying the trial of this matter may be heard either by letter submitted on ECF on or before 1:00 p.m. on February 10, 2022, or by appearing in person at the hearing." Watch this site.
On January 24 for an in-person conference at 2 pm, Judge Liman issued the following order: "ORDER as to Lawrence Ray: The Court has been informed by the United States Marshals that Mr. Ray is refusing to come to Court for the previously scheduled hearing today. The hearing has long been on the calendar, and defense counsel has not submitted a request to excuse Mr. Rays presence. Accordingly, the Court has informed the United States Marshals to deliver Mr. Ray to the courthouse. If necessary, the Court will sign an order authorizing the Marshals to use force to compel his attendance. A copy of this Order will be emailed to counsel for Mr. Ray and for the government. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/24/2022)."
Later, shortly before the scheduled hearing: "ORDER as to Lawrence Ray: The Court has received correspondence from the Government and defendant's counsel stating that they, and Mr. Ray, are prepared to proceed with today's oral argument in-person in Courtroom 15C. The Court rescinds its previous order setting this as a remote hearing and restores it back to an in-person hearing. All counsel and Mr. Ray are expected to appear in-person." Watch this site.
Back on January 6, 2022 Judge Liman held another conference; Inner City Press live tweeted here.
On January 19, Judge Liman held a Daubert hearing which Inner City Press live tweeted here
hearing on Federal Defenders-proposed expert Joseph Pierre, who's being paid $500/hr for 20 hrs, so far.
Doctor Pierre describes his paid testimony for "sovereign citizens," acknowledged he's not a forensic psychiatrist and never interviewed Ray in person (due to COVID restrictions). Will Judge Liman let him testify?
AUSA Sassoon: You called Mr. Ray's beliefs conspiracy theories. That's not a term in the DSM, right? Dr. Pierre: Right.
AUSA Sassoon: Define delusion-like beliefs. Dr. Pierre: There's not a study. But there's agreement on what it is. [You know it when you see it?]
Dr. Pierre: There's no study saying diagnosis of a sore throat does not involve asking the patient if he or she has a sore throat?
AUSA Sassoon: Wait --
Judge: Let Doctor Pierre talk. [Pause] Or, let me ask. What's the difference between a delusion and an error?
AUSA: Can a person have delusion-like belief and follow the law? Dr. Pierre: Yes. AUSA: They don't explain violent behavior, right? Federal Defender: Objection. Judge: Sustained.
AUSA: So Larry Ray told you he believed he had been poisoned, at the direction of Bernie Kerik? Dr. Pierre: Correct. AUSA: And that he put a lock on his fridge in New Jersey, right? Dr. Pierre: Yes, I believe it was in New Jersey.
AUSA: Did it strike you as strange that Larry Ray continued to live with people he thought were poisoning him? Federal Defender: Objection!
Judge: Overruled. Dr. Pierre: I don't like to use the word strange. And we're back: US v. Larry Ray Daubert hearing on whether to allow Dr. Pierre is back on.
During a break, Federal Defenders have been required to provide US Attorney's Office with unredacted copy of Dr. Pierre's notes. AUSA: It was risky? Dr. Pierre: Define that.
AUSA: And you do not know if, when these emails were written, the writer had a knife to his genitals? Dr. Pierre: I do not... Judge: Thank you, you are excused.
Dr. Pierre: Thanks for not making me fly out there. Arraignment on superseding indictment to follow.
Update and conclusion (for this case, for today) Arraignment will not take place - Larry Ray has not received a copy of the superseding indictment. Judge Liman adjourns the Daubert hearing.
Watch this site.
Back on September 27, Isabella Pollak moved for a continuance (delay) or for severance, noting the third team of lawyers and this volume of discovery: 516,169 images, 1,462 documents, 1043 spreadsheets, 320 audio files, 256 video files and 277 internet files.
On October 8, the US Attorney's Office wrote to Judge Liman that "the Government objects to adjourning the joint trial for the lengthy period of time requested by Pollok [but] does not object to severing Pollok's trial from Ray's, keeping the trial of Ray scheduled for February 2022 and scheduling Pollok's trial for a later date."
But Ray opposes severing Pollok's case. On October 15 Pollok's Hastings on Hudson-based lawyer insisted on severance: "As Judge Learned Hand succinctly stated, '[n]o accused person has any recognizable legal interest in being tried with another, accused with him.' US v. Bronson, 145 F.2d 939, 943 (2d Cir. 1944 (L. Hand, J.)"
On October 18 Pollok's counsel wrote to Judge Liman asking to modify her conditions of release, so she can work overtime at Amazon, which no longer with permit any electronic devices (like GPS bracelets) on the warehouse floor. The US consents to this change.
And on October 19, Judge Liman granted the requests: "MEMO ENDORSEMENT granting [235] LETTER MOTION filed by Isabella Pollok (2), addressed to Judge Lewis J. Liman from Attorney Jill R. Shellow dated 10/18/2021 re: Request to modify conditions of pretrial release. I am writing to request respectfully two modifications to Isabella Pollok's conditions of pretrial release: (1) Ms. Pollok has a curfew from 9PM until 5AM. We respectfully request that the curfew condition be removed. (2) Ms. Pollok wears a GPS ankle bracelet. Accordingly, we respectfully request that the GPS bracelet condition be removed. ENDORSEMENT: REQUEST GRANTED. Bail modifications approved. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/19/2021)."
But what about Amazon barring any worker with a GPS bracelet, under pre-trial release (that is, presumed innocent) from working its warehouses?
On October 20, Judge Liman granted severance: "ORDER as to Lawrence Ray, Isabella Pollok. It is hereby ORDERED that the proposed schedule appearing at Dkt. No. 219, setting forth the deadlines related to expert witnesses in the case United States v. Ray, 20-cr-110-LJL-1, is APPROVED. IT IS FURTHER ORDERED that, for the reasons stated by the Court on the record at the October 19, 2021, Status Conference, the motion of Isabella Pollok for a continuance is GRANTED and the trials of Lawrence Ray and Isabella Pollok are severed, with Isabella Pollok's trial to begin on July 18, 2022."
The case is US v. Ray, 20-cr-110 (Liman).
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