By Matthew Russell Lee, Patreon Podcast
BBC - Decrypt - LightRead - Honduras - Source
SDNY COURTHOUSE, March 23 – 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)
Song here.
On Day 3 of the trial, March 14, Santo Rosario finished his direct and the cross began. Inner City Press live-tweeted here (morning vlog here)
Day 4 of the trial started late - Larry Ray had a seizure, resulting in cancelation of the trial on March 16 and 17 - but then got into troubling videos and a question. Inner City Press live tweeted here (morning vlog here)
On March 18 the trial continued, with Claudia Drury on the stand. Inner City Press live tweeted here (vlog here)
On March 21 the trial continued - then broke at 11 am, again. Inner City Press live tweeted it, here.
[The US Attorney's Office had put in an exhibit, cult articles on Ray's laptop, on Patreon here]
On March 22, Claudia Drury continued on direct examination, getting into her Backpage business for Larry Ray and describing a client as creepy. Then the trial was again suspended, by Ray's second seizure. See here (video). Inner City Press live tweeted here.
On March 23 there was a counsel call without any prior notice to, or access by, the public and press: "Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference as to Lawrence Ray held on 3/23/2022. Counsel for Defendant present. Counsel for Government present." But no public or press.
Later on March 23, the US argued to the Backpage testimony in: "Dear Judge Liman: The Government writes in response to the defendant’s motion to strike the testimony of FBI Forensic Examiner Matt Frost. (Dkt. No. 461.) This is the defendant’s third effort to exclude Mr. Frost’s testimony about the authenticity of data retrieved from Backpage servers and it should be denied for all the reasons that the Court has already set out. During the conference on March 7, 2022, this Court denied the defendant’s motion to exclude Mr. Frost’s testimony on the basis that it was undisclosed expert testimony. See Ex. A, Final Pre-Trial Conference on March 7, 2022, Tr. at 32:24-25. By order dated March 16, 2022, the Court denied the defendant’s March 15, 2022 motion for reconsideration regarding Mr. Frost’s testimony. (Dkt. No. 442 (Def. Ltr.); Dkt. No. 454 (Order).) As the Court noted in ruling that Mr. Frost’s testimony was admissible as non-expert testimony, the Second Circuit already has ruled similar testimony is not non-expert testimony. See United States v. Marsh, 568 F. App’x 15, 16– 17 (2d Cir. 2014) (summary order) (holding that agent testimony on use of Cellebrite technology to retrieve text messages and other data from a cellular telephone was not expert testimony). During Mr. Frost’s testimony, defense counsel moved to strike the testimony of Mr. Frost as expert testimony and then submitted a letter brief in support on March 21, 2022. Nothing about Mr. Frost’s testimony casts doubt on the Court’s prior rulings. Mr. Frost has testified approximately 12 times as a lay witnessto authenticate data retreived from the Backpage servers. Mr. Frost previously extracted Backpage data in a different format – namely, with the data from advertisements in a densely formatted excel spreadsheet with dozens of columns and dozens, if not hundreds, of rows depending upon the number of advertisements corresponding to whatever identifiers were queried. On some occasions, including in this District, Mr. Frost has testified as a lay witness about the authenticity of data contained in such charts. See United States v. Rivera, 19 Cr. 131 (PAE)." Full letter on Inner City Press' DocumentCloud here.
More on Patreon here.
Then Ray said he had another seizure and was taken out to an an ambulance and March 23's trial was canceled, video and notice here.
[Inner City Press question: What did Sarah Lawrence College do? Why haven't they been mega-sued?]
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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