by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, May 26 – James Garlick faces trial on June 5 as a felon in possession of a firearm, found with a gun on 162nd Street and Jerome Avenue by Yankee Stadium in The Bronx on August 27, 2022.
In 2013 after a trial, Garlick was convicted of manslaughter.s Now Garlick wants to represent himself.
On May 17, U.S. District Court for the Southern District of New York Judge Valerie E. Caproni held a Faretta hearing and determined that Garlick can represent himself. But there is no movement in the date of the trial, which Inner City Press aims to cover.
On May 19, Federal Defenders wrote it wanting out even as standby counsel, their relationship having "irreparable broken down." Judge Caproni on May 19 ordered: "the parties must appear for a status conference on Monday, May 22, 2023 at 11:00 A.M."
Inner City Press, after an 11 am Magistrates Court proceeding, ran to the courtroom and was helpfully told that Garlick will proceed pro per.
On May 26, Inner City Press went to the courtroom for Garlick's bail hearing. But the door was locked. Then this: "ORDER as to James Garlick. WHEREAS on May 23, 2023, Mr. Garlick requested a bond hearing, see Letter, Dkt. 74; WHEREAS the Court scheduled a bond hearing for May 26, 2023 at 10:45 A.M., see Order, Dkt. 75; WHEREAS in the early morning of May 26, 2023, the Court was notified that Mr. Garlick refused to come to Court because of a "religious holiday" and because of a heart condition; and WHEREAS Mr. Garlick was medically evaluated and deemed fit for Court; IT IS HEREBY ORDERED that the bail hearing scheduled for May 26, 2023 at 10:45 A.M. is hereby CANCELLED. IT IS FURTHER ORDERED that Mr. Garlick must be prepared at the Final Pre-Trial Conference, scheduled for Wednesday, May 31, 2023 at 10:30 A.M., (a) to state whether he is withdrawing his bail motion, and (b) to provide the Court with a list of the names and dates of all religious holidays he wishes to celebrate between May 31, 2023, and December 31, 2023. IT IS FURTHER ORDERED that the Final Pre-Trial Conference will take place as scheduled on Wednesday, May 31, 2023 at 10:30 A.M. in Courtroom 318 of the Courthouse at 40 Foley Square, New York, NY 10007. Please note that the conference will therefore not take place in the Undersigned's regular courtroom. IT IS FURTHER ORDERED that Mr. Garlick is hereby notified that if he refuses to attend the proceeding on Wednesday, May 31, 2023, or any future proceeding without a valid medical excuse, the Court will find that he has withdrawn his request to represent himself, will direct the Federal Defenders of New York, Inc. immediately to resume representation of him, and will consider whether his refusal to come to Court constitutes a waiver of his right to be present at his trial or whether he should be forced to come to Court. IT IS FURTHER ORDERED that attached to this Order are draft voir dire questions for the parties to review ahead of the Final Pre-Trial Conference. IT IS FURTHER ORDERED that standby counsel for Mr. Garlick will be provided a copy of this Order and the Court's draft voir dire questions in Word format that they must cut and paste into an email to be sent to Mr. Garlick via Corrlinks not later than 5:00 P.M. on May 26, 2023. SO ORDERED."
After that, Federal Defenders wrote it that CorrLinks says "The above-named inmate has chosen to remove your email address from his/her approved contact list and, therefore, cannot receive or sent messages to your email address."
The case is US v. Garlick, 22-cr-540 (Caproni)
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