Saturday, June 24, 2023

Man Released After $387000 in Duffel Bag Is Detained Amid Order of Protection in SDNY


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 24 – A man indicted in Massachusetts in a narcotics conspiracy was presented on June 23 before U.S. District Court for the Southern District of New York Magistrate Judge Barbara C. Moses. Inner City Press was there, the only media in the SDNY Mag Court.

   Defendant Feliz Baez-Munoz was assigned a Criminal Justice Act lawyer, Eric Breslin of Duane Morris. As the CJA lawyer on duty, he had to be on stand-by in case hacker Joseph O'Connor, being sentenced upstairs in the SDNY by District Judge Jed S. Rakoff, did not waive a conflict with the Dechert firm.

  At the conclusion of that so-called Curcio hearing, Breslin went down to the Magistrates Court and the presentment began.

   The Assistant US Attorney emphasized that Baez-Munoz had been stopped with $387,000 in cash in a duffel bag.  But Breslin pointed out, he had not been arrested at that time. So what was the emergency now, to justify his pre-trial detention?

  The AUSA countered with risk of flight, and threw in that Baez-Munoz had allegedly violated an order of protection against him. Judge Moses said that order meant that, even if he were released, he could not go home. 

 Breslin said that the order of protection could be vacated, through state court, and that he was not asking for immediate release but rather that Judge Moses adopt the conditions for release proposed by Pre-Trial Services.

  Judge Moses declined, citing the unexplained cash in the duffel bag. She said she would sign an order of removal to send Baez-Munoz back to the District of Massachusetts (where his case number is 21-cr-10231, US v. Joseph, et al.)  

His SDNY case is US v. Baez-Munoz, 23-mj-5073 (Moses)


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