By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, Feb 13 – Darrius Christopher and Robert Wade were still on trial for a shoot-out on October 25, 2019 by 2322 Ryer Avenue in The Bronx. But it was at end game. And the issue of "Theory of Defense."
On November 22, 2021 U.S. District Court for the Southern District of New York Judge Sidney H. Stein held opening statements, and on November 23 the presentation of evidence from government witnesses. Inner City Press went and covered both days. And now the (guilty) verdicts: "Verdict reached as follows: defendant Christopher guilty as to Counts 1 and 3, defendant Wade guilty as to Counts 2 and 3. Sentencing is scheduled for March 10, 2022, at 4:30 p.m. Any post-trial motions are due 45 days from today, the government's response is due 15 days after the motion is filed. Defendants remain in custody."
Jump cut to January 3, 2023, when the US Attorney's Office filed a letter that "on November 29, 2022 the defendants' shared cell [in the MDC[ was searched and a significant amount of contraband was recovered.... 183 small bags of a leafy green substance that field tested positive for marijuana... a 1.5 inch scalpel... eight cell phones" - that won't be relied on at sentencing.
On February 13, the sentencing occurred: "ROBERT WADE was sentenced to 168 months in prison and DARRIUS CHRISTOPHER was sentenced to 137 months in prison by U.S. District Judge Sidney H. Stein. CHRISTOPHER and WADE were each convicted, following trial, on December 7, 2022, of one count of possessing ammunition after having previously been convicted of a felony and one count of conspiracy to possess ammunition after having previously been convicted of a felony."
Previously, Detective Hearns was cross examined about Smith & Wesson .40 caliber and 9mm luger shell casings.
Once he and the jurors, who appeared to be paying close attention, left there were lawyers' arguments about out of court statements and an upcoming Wade hearing with an SDNY Probation officer.
The government objected to one of the defense's opening statements, that a Mr. Orellana would testify about (non) membership in a gang. The AUSA said Orellana's lawyer said he'll invoke the Fifth Amendment, if called to testify.
How do I know that? the defense counsel answered.
On November 26, the day after Thanksgiving, the US Attorney's Office filed a letter and three exhibits with Judge Stein arguing that DEA agents and NYPD detectives may not be called for an improper purpose.
Attached were defense counsel's November 22 letter pursuant to Touhy v. Regan, 340 U.S. 462 (1951) for the testimony of DA agents Moises Walter, Joseph Tamweber and David Brown, and a chain of emails contesting them. Also at issue: four NYPD detectives.
The US Attorney's Office cites Judge Alison J. Nathan's decision in US v. Ghislaine Maxwell to bar the defense from eliciting testimony about the use or non-use of certain investigative technique as it "does not tend to show defendant's innocence of the charges."
And while the Maxwell circus has made it more difficult to cover, we offered this Friday night report. Darius Christopher wants an instruction that while he was present on 183 and Ryer, but being a knowing spectator is not enough. And if the instruction is not taken?
On Monday, December 6 Judge Stein issued this: "ORDER as to Darrius Christopher, Robert Wade. Ulysses Boyd appeared at the trial of this action on November 30 and December 2, 2021, without the jury present and under oath. While Boyd sat in the witness stand, the Court stated as follows:...[*** See this Order ***]... The Court imposed the coercive civil sanction of a $5,000 fine and then asked Boyd whether he would "still refuse to answer questions under oath." (Trial Tr. 1183.) Boyd responded "Yes." (Id.) Accordingly, IT IS HEREBY ORDERED that: 1. Ulysses Boyd is a recalcitrant witness under 28 U.S.C. § 1826 and is in willful contempt of court for his failure to comply with the November 30, 2021 Court order that directed Boyd to testify at this trial. 2. Ulysses Boyd shall pay a coercive civil sanction of $5,000 due to his continued civil contempt. That sanction, due immediately, shall be made to: U.S. District Court for the Southern District of New York Attn: Cashiers Office, 500 Pearl Street, New York, NY 10007. SO ORDERED: (Signed by Judge Sidney H. Stein on 12/6/2021)."
Then: "ORDER as to Darrius Christopher, Robert Wade. IT IS HEREBY ORDERED that the sentencing of defendant Christopher will take place on Monday, February 13, 2023, at 10:30 a.m., and the sentencing of defendant Wade will take place on Monday, February 13, 2023, at 11:15 a.m. SO ORDERED: (Signed by Judge Sidney H. Stein on 2/2/2023)."
The case will continue. It is US v. Christopher and Wade, 19-cr-875 (Stein).
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