Sunday, July 31, 2022
Saturday, July 30, 2022
Child Sex Trafficking Trial Has Jurors Asking If Can Rely on Passport That Camila Was 16
By Matthew Russell Lee, Patreon Maxwell Book
BBC - Honduras - CIA Trial Book - NY Mag
SDNY COURTHOUSE, July 29 – Martin Conception is on trial for child sex trafficking.
On July 27, 2022 U.S. District Court for the Southern District of New York Judge J. Paul Oetken was presiding over the trial. Inner City Press went and covered it.
On the stand was a Ms. Rodriguez, who testified she was 16 years old when she was prostituted out by a trio including Concepcion a/k/a Tito.
Judge Oekten admonished some of those in the courtroom gallery for gesticulating during the testimony and said if it continued, they would be removed.
The events described took place in The Bronx around 184th Street and Creston Avenue, and Valentine Avenue. Tito got shot, but did not go to the hospital, at least not immediately.
Concepcion's defense counsel repeatedly asked Rodriguez about her previous prostitution, and how many months she had been missing.
A long sidebar in the robing room ensued.
On July 28, things had already reached the charging conference. Inner City Press live tweeted it, here:
now the jury charge conference. In the same 40 Foley Square #GhislaineMaxwell was convicted in, for this graphic trafficking trial there are only 7 people in the gallery: 4 supporters of defendant, 2 Court Security Officers watching over them, and Inner City Press. Judge cites strict liability
Judge: Jury must find if defendant rectuited for or benefited from trafficking
Defendant, in a re-used prison suit though jury's not here for charging conference, is reading the draft charge over his appointed lawyer's shoulder. Charge is agreed.
On July 29, the closing arguments, including this rebuttal summation, here:
AUSA David Robles says all defense did was blame the victim, Camila. Thread below AUSA: Bigga texted the defendant and told him to lie low after the FBI raid on his apartment. He put Camila's photos in an ad online, then was in the apartment with a gun.
AUSA: He was a pimp. Rico, the cooperator, shuts the door. Yes he committed terrible crimes agsinst Camila. He gets 20 years if he lies.
AUSA: Camila was 16. You have her passport. Defendant trafficked her. Find him guilty. Thank you.
But it wasn't that simple. At 4 pm on July 29, there was note. Inner City Press live tweeted here
All rise! Judge Oetken: The jury has asked for Camila's testimony, and if they can rely on Camila's passport for her age.
Jury entering! Judge Oetken: We'll answer your questions Monday. Don't read about the case over the weekend. A juror: Can we take the instructions home? Judge: Please leave your notes and the instructions here. [Jurors leave]
Judge: On the passport, write me or we'll talk Monday morning.
Defense lawyer: I have an EDNY video arraignment Monday 9 am.
But answers will be given to the jurors, and deliberations will proceed...
The case is US v. Concepcion, 19-cr-883 (Oetken)
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Dr Cruciani For Sex Abuse Got Bail Inner City Press Prevailed on Unsealing Now Guilty in NY
By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, July 29 – A former pain management doctor who has been indicted for sexually abusing female patients in three states for fifteen years was offered bail conditions to be released on the evening of October 20, 2021. Inner City Press was there, and again on October 21 when he was arraigned in a yellow prison jumpsuit.
Since then, Cruciani then his Federal Defenders have repeatedly sought to keep sealed his financial filings to get publicly funded representation. Inner City Press filed two letters seeking to unseal, on January 10 and February 2, see below. In a February 15 hearing Judge John P. Cronan cited them and said they will be docketed, along with the transcript of his ruling: the financial information should be unsealed. But he gave the US and Federal Defenders four weeks to confer on redactions.
On March 15 Federal Defender Daniel Habib submitted into the docket a letter, but not any of the affidavit. In the letter, he implies the government has agreed that "collateral" information should be withheld, and payees including investigators.
On April 4, this: "ORDER as to Ricardo Cruciani: It is hereby ORDERED that Defendant's request to file the Financial Affidavits with the proposed redactions is granted. The Court will stay any public unsealing of the Financial Affidavits pending the decision on Defendant's appeal. Within one week of the decision on Defendant's appeal, Defendant shall file a letter advising the Court as to the outcome of the appeal and, if appropriate based on the outcome of the appeal, file the redacted Financial Affidavits on the docket. (Signed by Judge John P. Cronan on 4/4/2022)." We will have more on this - watch this site.
This is the third such decision on Inner City Press' filings, in US v. Avenatti and US v. Correia (in both cases Inner City Press unsealing requested were more quickly filed, something we will also seek to address.)
On April 19, 2022 a (Federal) trial date for Cruciani was set - in 2023: "Defendant's moving brief is due by September 30, 2022; the Government's opposition is due by October 14, 2022; Defendant's reply, if any, is due by October 21, 2022. The parties shall appear for any evidentiary hearing and an oral argument on Defendant's motion on December 1, 2022, at 10:00 a.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. If Defendant does not file a motion, the parties shall appear at that date and time for a status conference. The Court also set a trial commencement date in this case for January 23, 2023. The Court will hold a Final Pretrial Conference on January 17, 2023, at 10:00 a.m." Will the unsealed financial document actually be available by then?
On June 15, Cruciani's public paid Federal Defenders wrote to Judge Cronan that "Mr. Cruciani's NYS court trial began on June 13, 2022 with the start of jury selection. Mr. Cruciani's counsel estimates that the trial will last about four or five week. We will let the Court know when the trial has concluded."
On July 26, Inner City Press went to 100 Centre Street, Part 41 to hear Cruciani's closing, and live tweeted from Courtroom 1116, here:
Jury entering! Judge: Jurors, you will now hear closing arguments. Cruciani's lawyer: The magic of a criminal trial is we have people who don't want to be here, to hear accusations against a member of the community. [Note: Cruciani has 3 homes, in PA, NJ...]
Cruciani's lawyer is turning to address jurors who are sitting in the gallery under COVID protocols. The lights hanging from the ceiling blocks the view of the "In God We Trust" behind the bench.
Cruciani's lawyer: It's easy to imagine a drug dealer lying. But what is the liar is a woman talking about medical procedures, a patient ... who is lying. In this trial you can had six liars. When I and Elizabeth are cross examining, we try to show you the lies
Note: Here in the gallery, there are a number of NY prosecutors, presumably to support or learn from the performance of their colleague. But did any SDNY prosecutor, in the US v. Cruciani case, come?
Cruciani's lawyer shows the first witness, Ms. Tobin's, "five star review" of Doctor Cruciani on a web page with a "Pay as Little as $15" add still on the side.
Cruciani's lawyer: Supposed she was sexually assaulted two weeks before this five star review. It defies common sense. Then the bookend, Ms. Prince told you about the penultimate visit. [Letter on Mount Sinai letter head on screen]
On July 29, conviction on all counts: "conviction of neurologist RICARDO CRUCIANI, 68, for the sexual assault, abuse, and rape of six patients under his care at the Beth Israel Medical Center. The conviction follows a month-long trial that included testimony from the individuals assaulted by CRUCIANI, each of whom sought his medical expertise to treat chronic and debilitating pain disorders. As proven at trial, CRUCIANI not only forced his patients to have non-consensual sex, but overprescribed serious pain medication in order to keep them in his care. A New York State Supreme Court jury found CRUCIANI guilty of one count of Predatory Sexual Assault; one count of Attempted Rape in the first degree; one count of Sexual Abuse in the first degree; two counts of Rape in the third degree; and seven counts of Criminal Sexual Act in the third degree. He will be sentenced on September 14. As proven at trial, CRUCIANI manipulated and abused six patients at Beth Israel Medical Center and later, at facilities in New Jersey and Pennsylvania. RICARDO CRUCIANI Wynnewood, Pennsylvania Convicted: Predatory Sexual Assault, a class A felony, One Count Attempted Rape in the First Degree, One Count Sexual Abuse in the First Degree, One Count Rape in the Third Degree, Two Counts Criminal Sexual Act in the Third Degree, Seven Counts."
Inner City Press will continue on the case(s)...
Mid-day on October 20, 2021 it was announced that "Damian Williams, the United States Attorney for the Southern District of New York, announced that RICARDO CRUCIANI was arrested this morning and charged in connection with his sexual abuse of numerous pain management patients over the course of over 15 years. The Indictment unsealed today alleges that from at least in or about 2002 up to and including at least in or about 2017, CRUCIANI enticed and induced multiple victims to travel to his medical offices in New York, New York, Hopewell, New Jersey, and Philadelphia, Pennsylvania, to subject them to unlawful sexual abuse. CRUCIANI was arrested this morning and is expected to be presented later today before U.S. Magistrate Judge Robert W. Lehrburger in Manhattan federal court."
After a case in which Magistrate Judge Lehrburger granted the US Attorney's Office's request to detain in the MDC jail in Brooklyn until trial an asthmatic man from Burkina Faso, employed in food delivery, for enticing two 14-year old girls to have sex, Cruciani was brought in.
Cruciani wore a sweater and blew a kiss to a woman in the gallery, where Inner City Press was the only media.
The Assistant US Attorney said that with Cruciani's retained (self-paid) lawyer a bail package had been agreed to: a $2 million personal recognisance bond signed by three financially responsible people and secured by properties in Winwood, Pennsylvania and Jersey City, New Jersey. Cruciani worked at Mount Sinai. There is a petition online here.
On October 21 the assigned District Judge, John P. Cronan, held Cruciani's arraignment. Inner City Press live tweeted it here.
On the afternoon of January 10, this: "ORDER as to Ricardo Cruciani. As ordered by the Court on December 2, 2021, Dkt. 20, Defendant submitted his financial affidavit to the Court on January 6, 2022. Defendant's financial affidavit was accompanied by a cover letter in which Defendant requested that he be permitted to file both his affidavit and the cover letter under seal and ex parte."
In less than an hour, Inner City Press filed opposition to sealing, cc-ing Cruciani's lawyers and specifically noting upon Inner City Press' application, Michael Avenatti's financial affidavit was nearly entirely released, revealed links to PPP loans.
But on January 18 when Cruciani's lawyers put in another argument to keep his info sealed, while they cited the Avenatti decision they did not mention much less address the argument by Inner City Press, whose filing was docketed and granted in the Avenatti case. The issue of public access to an indict sex abusers filings is not only between the alleged abuser and the US Attorney's office - the public and press should be heard (and docketed).
It didn't happen on January 19. Instead, this order: "Attorney Appointment Hearing as to Ricardo Cruciani held on 1/19/2022. AUSA Jane Kim present. Defendant present, with his attorneys Frederick Sosinsky, Elizabeth Macedonio, and Mark Furman. Frederick Sosinsky, Elizabeth Macedonio, and Mark Furman were relieved as counsel and Mark Gombiner was appointed counsel pursuant to the Criminal Justice Act for Defendant. Defendant to make any further submissions on whether his financial affidavit should remain sealed and ex parte by February 2, 2022, and the Government shall file any response by February 9, 2022. The status conference scheduled for January 21, 2022 is adjourned to April 19, 2022 at 9:30 a.m."
So Cruciani now has a publicly paid Federal Defender, the same office that did not succeed in the face of Inner City Press' filing in keeping Michael Avenatti's financial affidavit sealed. Why is Cruciani's sealed? What will happen here, with Judge Cronan? As of February 9 to this, still nothing - only, another protective order, by Cruciani's now free (to him) Federal Defender.
On February 9, the US Attorney's Office put in its filing, citing Judge Oetken's release of David Correia's financial affidavit - which was requested by Inner City Press in a filing that Judge Oetken correctly docketed (19-cr-725, Dkt. No. 126) as should happen here.
On February 10, with the Press request still not docketed or responded to, Judge Cronan ordered "ORDER as to Ricardo Cruciani: During the January 19, 2022 hearing held on Defendant's application for appointment of counsel, the Court directed Defendant to make any further submissions on whether his financial affidavit should remain sealed and ex parte by February 2, 2022 and the Government to file any response by February 9, 2022. The Court has reviewed the parties' supplemental submissions. Dkts. 27, 34. Accordingly, it is hereby ordered that the parties shall appear in person for a conference on February 15, 2022 to discuss Defendant's application to file his financial affidavit under seal and ex parte." With no call-in line listed. Watch this site.
Inner City Press will stay on these cases. The disparity with the Burkinabe food deliveryman was not explained. (To be fair, the SDNY is generally open, see for example orders by Judges Jed S. Rakoff here and Jesse M. Furman on Avenatti, here).
This case is US v. Cruciani, 21-cr-636 (Cronan)
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In Case By Rosario Imprisoned 20 Years Then Freed NYPD Asks To Blame Defense Counsel
By Matthew Russell Lee, Patreon Maxwell Book
Honduras - CIA Trial Book - NY Mag - VLOG
SDNY COURTHOUSE, July 29 – Richard Rosario spend twenty years in prison for the murder of Jorge Collazo - and then had his conviction vacated and was not re-tried. He sued.
On July 19, 2022 U.S. District Court for the Southern District of New York Judge Lorna G. Schofield held a final pre-trial conference, before the jury trial set to begin on July 25. Inner City Pres is covering the case.
Rosario is suing for the violation of his constitutional rights by Irwin Silverman, Gary Whitaker, Richard Martinez and Charles Cruger, who investigated the 1996 murder.
In a pre-trial memo, Rosario says he will testify for four hours, and Whitaker and Martinez for four to six hours each. Three witnesses to the murder will be called, and alibi witnesses that Rosario was in Florida at the time of the murder.
One possible witness, Lyamari Leon, is described as testifying about an "alternative theory and motive for the murder of Jorge Collazo."
The defense says it will call former ADA Jeanne Patrauskas, for an hour. There will be DD5s and crime scene photos, and Dateline interview transcripts.
On July 26, with Inner City Press in the gallery, Rosario's lawyer and the NYC lawyer questioning witness Ms. Ruiz and Inner City Press live tweeted it here and below.
Later on July 26 the City filed a letter that is Dr. Parker should be allowed to testify about Rosario's allegedly "predatory" behavior including Facebook posts and videos regarding Defendant officers, and a 1994 rape charge. The City argues that Rosario's "lack of remorse, in general, is highly relevant as it is a 'hallmark' of an APSD diagnosis." Things are getting nasty. City letter on Patreon here.
On July 29, with Courtroom 110 still locked, things got nastier still. The City wrote to Judge Schofield emphasizing that Rosario's vacatur of conviction had nothing to do with negligence by the police officers, or innocence. They want to tell the jury it was the criminal defense lawyer who didn't investigate the alibis. But don't police and prosecutors, and judges, have duties to do justice? Supposedly it will resume on August 1.
From July 26 in court: Ok - now at Richard Rosario v NYC after he spent 20 years in prison for Bronx murder on 6/19/96 when 13 people swear he was in Florida
Rosario's lawyer, to 1 of 13, Ms Ruiz: Did the NYPD ever reach out to you?
NYPD's counsel: Objection!
Judge Scholfield : Overruled.
Cross. NYC lawyer: Good morning, Ms Ruiz. Did you ever call the police?
Ruiz: No. NYC lawyer: You never testified in the 1998 murder trial? Ruiz: I did not. NYC lawyer: People smoke pot in your building then, right? Ruiz: It was a social thing that people did.
NYC lawyer: Why do you remember Richard Rosario being there? Ruiz: Because of the crime. NYC lawyer: But that's looking back. Did an investigator for Rosario contact you in 2002? Ruiz: Yes.
NYC lawyer: Did Rosario's lawyers pay for your travel, hotel and room service? Ruiz: Yes. NYC lawyer: DId they prepare you for your 2019 deposition? Ruiz: Maybe. NYC lawyer: And you spoke with them last night? Ruiz: Yes.
NYPD lawyer: Isn't it true Rosario had a romantic relationship with Denise Hernandez? Rosario's lawyer: Objection! Ruiz: I don't know. NYPD lawyer: But you know his wife, right?
Seated NYC lawyer is passing Post It notes to colleague who's cross examining Ruiz. Now she shows Ruiz print outs of Rosario's text message to her, that she can't testify unless she talks to the lawyers 1st. And that the trial is "not for peanuts."
Vlog here; coverage will continue.
The case is Rosario v. City of New York, et al., 18-cr-4023 (Schofield)
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On Insider Trading Charges Former FBI Trainee Markin Has Public Funded Lawyer, Basis Sealed
By Matthew Russell Lee, Patreon Maxwell Book
BBC - Honduras - CIA Trial Book - NY Mag
SDNY COURTHOUSE, July 29 – Seth Markin was the subject of an insider trading press conference on July 25, 2022. Then for his presentment he got a taxpayer-funded lawyer, declaring himself eligible in a still-sealed CJA 23 financial affidavit.
On July 25, U.S. District Court for the Southern District of New York Magistrate Sarah Netburn approved and sealed his Criminal Justice Act 23 affidavit. Inner City Press has previously gotten unsealed the CJA 23's of Michael Avenatti, and Honduras alleged narco trafficker Tigre Bonilla. But others' keep getting sealed.
Markin is free on a $200,000 bond, with a taxpayer funded lawyer. The prosecutors said:
What kind of insider trader big enough for an SDNY press conference is, on the same day, declared eligible for publicly-paid counsel?
In early 2021, SETH MARKIN and BRANDON WONG together made more than $1.4 million dollars in illegal profits by trading in stock based on inside information that MARKIN misappropriated from his then-girlfriend, who was then an attorney at a major law firm in Washington D.C. assigned to work on the acquisition of Pandion Therapeutics (“Pandion”) by Merck & Co. (“Merck”). To carry out the illegal insider trading scheme, MARKIN secretly looked through his girlfriend’s confidential work documents, without her permission, and learned that in a matter of weeks, Merck, a publicly traded pharmaceutical company, was going to acquire Pandion, a publicly traded biotechnology company, for approximately three times the value of Pandion’s then-share price. After misappropriating this material non-public information from his girlfriend, MARKIN purchased shares in Pandion, and tipped several friends and family members, including WONG. WONG, in turn, purchased hundreds of thousands of dollars’ worth of Pandion shares, and told at least eight other people to purchase Pandion shares. In total, MARKIN and WONG directly or indirectly caused more than twenty people to trade in Pandion stock based on the material non-public information that MARKIN misappropriated from his girlfriend resulting in millions of dollars of illegally obtained trading profits. At the time of the relevant trades, MARKIN had been accepted into the Federal Bureau of Investigation as a new agent trainee. In addition to perpetrating the insider trading scheme, MARKIN lied to conceal his illegal Pandion trades. In or about June 2021, after MARKIN and his girlfriend had ended their relationship, and as MARKIN was preparing to begin training as a new agent at the FBI Academy in Quantico, Virginia, MARKIN’s former girlfriend called him to ask why MARKIN’s name had come up in an inquiry by the Financial Industry Regulatory Authority (“FINRA”) into trading in Pandion stock. In response, MARKIN lied to her and falsely claimed that he did not trade in Pandion stock. In addition, in or about November 2021, MARKIN lied to FBI agents when he was interviewed about his Pandion trading, conduct that forms the basis for a separate charge against MARKIN for making false statements. MARKIN, 31, of Washington Crossing, Pennsylvania, has been charged with nine counts of securities fraud and eight counts of tender offer fraud, each of which carries a maximum term of 20 years in prison, and one count of conspiracy and one count of making false statements, each of which carries a maximum term of 5 years in prison, and was arrested this morning. WONG, 38, of New York, has been charged with eleven counts of securities fraud and ten counts of tender offer fraud, each of which carries a maximum term of 20 years in prison, and one count of conspiracy, which carries a maximum term of 5 years in prison and was arrested this morning. The case has been assigned to U.S. District Judge Edgardo Ramos
The case is US v. Markin, et al., 22-cr-395 (Ramos / Netburn)
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