By Matthew Russell Lee, Patreon Maxwell Book
BBC - Guardian UK - Honduras - ESPN
SDNY MAG COURT EXCLUSIVE, Aug 2 - In the U.S. District Court for the Southern District of New York on July 27, a detention or release proceeding was held by Magistrate Judge Sarah Netburn on a defendant charged with firearms use, carrying and possession in a narcotics conspiracy that was not, in the proceeding, named.
It was Own Every Dollar, the subject of an SDNY / Manhattan DA press conference on August 2 announcing the unsealing of a superseding indictment for multiple murders including in The Bronx. Why is the Bronx DA not involved?
At the August 2 press conference, the Bronx DA was name-checked. But when the NYPD Police Commissioner offered credit, it was to three Manhattan units, nothing in The Bronx. She was asked about officers hit with botters in the 44th Precinct.
Inner City Press asked US Attorney Williams about Jose Gutierrez being ordered released last week - an appeal stopped it - and when the superseding indictment for murder was known of. He cited a detention memo that we will seek out, and upcoming Magistrates Court proceeding, which we'll cover. Thread here.
[USA Williams was asked about the offer to free or trade armed deal Viktor Bout, and referred the question to the White House. Watch this site.]
During the July 27 proceeding, with Inner City Press the only media present, the defendant's retained attorney referred to a bail application he had filed with the assigned District Judge J. Paul Oekten. Magistrate Judge Netburn hadn't gotten or seen it and so took a break in the back to do so.
Inner City Press has found the letter on PACER, complete with the defendant's sister Josemary's financial information from her employer, J.P. Morgan Chase.
Judge Netburn returned, and noted the presence of the defendant's mother Flor in the gallery. She said she would release the defendant with his mother as a third party custodian, charged with notifying the authorities if her son so much as communicates with co-conspirators. She nodded.
The Assistant US Attorney asked for a stay, to consider an appeal to Judge Oetken. Judge Netburn said stay through Friday.
When was the superseding indictment known about?
The stay then was extended at least through August 3: "ORDER as to Jose Gutierrez... IT IS HEREBY ORDERED THAT: The defendant's release on bail is stayed pending the outcome of the August 3 bail hearing by this Court. SO ORDERED. (Bond Hearing set for 8/3/2022 at 03:00 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 7/27/22).
The overall case is US v. Nunez, et al., 22-cr-293 (Oetken / Netburn)
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