By Matthew Russell Lee, Patreon Maxwell book
SDNY COURTHOUSE, Feb 3 – Two men charged with six armed robberies on Monday night into Tuesday were presented in Federal court on Wednesday evening with a request by the US Attorney's Office to detain them.
One defendant, Carlos Perez, consented to detention without prejudice to applying for bond later.
The second, Alvin Perez, sought and obtained an order for release on bond, once his brother co-signs a $75,000 unsecured bond.
The Assistant US Attorney asked for a stay to appeal to the so-called Part 1 Judge, Andrew L. Carter, but was denied. Inner City Press, present in the U.S. District Court for the Southern District of New York Magistrates Court for the arguments, will follow this.
The proceeding began with Velez' Federal Defender seeking to get the complaint dismissed, for failure to even allege the interstate nexus required for Hobbs Act robbery.
She cited a 2020 Second Circuit Court of Appeals case, US v. Perrotta, for the proposition that threats to (or here, attacks on) a person who works for a business engaged in interstate commerce is not enough.
The AUSA said the food truck targeted by NYU takes credit cards. Magistrate Judge Jennifer E. Willis, who several law enforcement-side sources pointed out was, until appointment, with the Federal Defenders (Inner City Press covered her cases and praised her work) declined to dismiss, because it is only a probable cause standard at this stage. But she called the nexus "shaky."
Perhaps for that reason, after hearing arguments on Velez' release including his rap sheet, she agreed to release to home detention on a $75,000 bond, to live with his brother (who was not present in court), with release be to be presaged by his and two other signatures.
While Magistrate Judge Willis denied the AUSA's request for a stay through 5 pm on February 2, the US Attorney's Office could appeal to the Part 1 Judge in the morning. That judge was and is Paul G. Gardephe but he is not mentioned in the docket.
Instead, on February 3 Federal Defenders wrote to Magistrate Judge Willis: Mr. Velez was ordered detained until after his brother signed the bond for his release. Mr. Velez remains detained. Following conversations with counsel, Mr. Velez now respectfully move to withdraw his bail application and consent to detention without prejudice to any future bail application." Judge Willis endorsed it.
Did the brother not come forward to sign? Watch this site.
It is not clear how notice, which Inner City Press has previously requested, would be given. Nor is it clear, if Velez is released, if he will be detained and remanded on a New York State parole warrant. Inner City Press will stay on the case, which is US v. Velez, 23-mj-818 (Willis).
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