by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 14 – A criminal proceeding was set to begin on June 7, 2023 just before 4 pm - but then was canceled in stages once the Press indicated it did not intend to leave without an order sealing the courtroom and an opportunity to object on record.
Inner City Press was present in the courtroom of U.S. District Court for the Southern District of New York Judge P. Kevin Castel.
Defense lawyer Howard R. Leader came over and politely asked, Are you here for this?
I am here, the Press answered, informing Leader of a recent order by SDNY Judge Victor Marrero that even asking for the docket number and basis for sealing is not enough to constitute an objection. Order on DocumentCloud here.
That case is entirely sealed, with no public docket number. This case, it was easy enough to reverse engineer.
Inner City Press, which as the prosecutors and then Leader left informed them that it had no desire to waste anyone's time, only to vindicate the principle of open courts, an hour after the wack-a-mole sealing wrote to Judge Castel - in part because it seemed clear the plan was and is to simply reconvene the proceeding on no public notice at another time, counting on the Press not finding out and being present.
Here on DocumentCloud is Inner City Press' letter.
On June 13-14, Judge Castel endorsed / denied the letter, stating that the proceeding took place on June 7:
"ENDORSED LETTER as to Daniel Rodriguez, Gloria Rodriguez Gonzalez, Anabel Colon Reyes, Deejay White, Jason Martinez, Pedro Guzman Martinez, Abel Montilla, Jorge Miranda-Sang, Luis Gomez Ortiz, Roberto Juan Nieves Perez, Eric Manuel Fernandez Colon, Omar Lopez Castro, Esteban Vargas Sanjurjo addressed to Judge P. Kevin Castel, from Matthew R. Lee dated 6/7/2023 re: Matthew R. Lee writes regarding proceeding. ENDORSEMENT: No Courtrooom was closed. The proceeding in question was held on the afternoon of June 7, 2023 in an open Courtroom. Application otherwise DENIED. SO ORDERED.. (Signed by Judge P. Kevin Castel on 6/13/2023)."
Held at what time? 5 pm after everyone left at 4? Was was the aborted, never transcribed session the proceeding? Endorsement on DocumentCloud here.
This still seems inconsistent with open courts - perhaps even more so. Watch this site.
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