By Matthew Russell Lee, Patreon Maxwell Book
SDNY COURTHOUSE, July 5 – A bench warrant was issued on June 17 for Rovier Carrington, charged with perjury after he accused former MTV executive Brian Graden of luring him into a sexual relationship with promises of stardom, and accused Brad Grey, the late CEO Paramount Pictures, of rape.
After Judge Caproni spoke in court in New York about the arrest warrant, Carrington wrote in saying he was seeking his second booster and wanted three more seek.
Judge Caproni said he "chose to disobey the clear orders of this Court. He must now face the consequences of his decision. Application denied."
On June 16, U.S. District Court for the Southern District of New York Judge Valerie E. Caproni ordered: "Defendant writes to request appearing remotely. ENDORSEMENT: Application DENIED. There are tickets available from Los Angeles to New York. See e.g., Jet Blue 1574 (leaving LAX at 11:55 P.M. and arriving at EWR at 8:34 A.M.); United Airlines 1082 (leaving LAX at 10:40 P.M. and arriving at EWR at 6:49 A.M.). Mr. Carrington is required to be in Court on Thursday, June 16, 2022 at 2:15 P.M. If Mr. Carrington fails to appear, the Court will hold an in person bail review hearing on Friday, June 17, 2022 at 11:00 A.M. The hearings will take place in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. If Mr. Carrington fails to appear at tomorrow's hearing and at Friday's bail review hearing, the Court will issue a bench warrant for his arrest; and if he fails to appear Thursday, but does appear Friday, the Court will refrain from issuing a bench warrant."
Inner City Press went to Judge Caproni's courtroom at 11 am.
The prosecutor was there, and a stand-in Federal Defender. But no Carrington. Judge Caproni said she was issuing a bench warrant.
She excluded time under the Speedy Trial Act until July 1, by which time she predicted the U.S. Marshals will have arrested Carrington and brought him to New York area jail.
But it was not to be. And Judge Caproni wants to know why (Inner City Press proffers a one word explanation: Oklahoma, as it, BOP's absurd transfer hub) - "MEMO ENDORSEMENT as to Rovier Carrington on [43] LETTER MOTION addressed to Judge Valerie E. Caproni from Kevin Mead dated July 28, 2022 re: Exclusion of Speedy Trial Act Time Through September 1. ENDORSEMENT: By no later than Wednesday, August 3, 2022, the Government must respond with an explanation as to why it has taken more than a month to move the Defendant from the Central District of California to the Southern District of New York. SO ORDERED. (Responses due by 8/3/2022) (Signed by Judge Valerie E. Caproni on 7/29/2022)."
Carrington belatedly arrived, but now there are issues with his entitlement to publicly paid Federal Defenders (someone not an issue in the case of two narco trafficking defendants, one before Judge Broderick with CJA 23 ordered unsealed but not done, and Tigre Bonilla of Honduras). Here's Carrington: "ORDER as to Rovier Carrington: IT IS HEREBY ORDERED that, effective August 3, 2022, and until relieved as attorney of record for Mr. Carrington by the Court, the Federal Defenders of New York must keep records of all time spent on Mr. Carrington's defense and must provide a monthly total to Mr. Carrington, to the Financial Services Department of the SDNY Clerk's Office, and to Alan Nelson, the Case Budgeting Attorney for the Second Circuit. This monthly total will be subject to the standards set forth in the Guide to Judiciary Policy, Volume 7A, Section 230:33:10, which states that "[v]oucher cuts should be limited to: (1) mathematical errors; (2) instances where work billed was not compensable; (3) instances in which work was not undertaken or completed; and (4) instances in which the hours billed are clearly in excess of what was reasonably required to complete the task." The monthly total provided by the Federal Defenders, and any related information regarding the Federal Defenders' defense of Mr. Carrington will be kept under seal, and not shared with the Government, the Court, or the public absent further order of this Court. IT IS FURTHER ORDERED that Mr. Carrington is required to pay, on a monthly basis, by certified check, the current CJA hourly rate for time spent on his defense by the Federal Defenders of New York to the SDNY Clerk of Court by mail or in person. The SDNY Clerk of Court will hold the funds paid by Mr. Carrington pursuant to the provisions of 18 U.S.C. § 3006A(f). Should Mr. Carrington's financial circumstances change during the pendency of this case, the terms of this Order may be revised."
After it was decided that Federal Defenders should keep track of its time, with an eye to later charging Carrington, he said he'd get a new lawyer. But whoever that it, they did not file a notice of appearance. On September 29 Carrington, and Federal Defenders will on the case filed with Judge Caproni asked to appear virtually, or the next day in person.
It was the next day in person, with the Federal Defender with CJA Affidavit approved, and a trial date was set: "Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference as to Rovier Carrington held on 9/30/2022. Jury Trial to begin March 6, 2023. Time excluded until March 6, 2023. Bail conditions continued."
But on February 6, into the docket went a notice he intends to plead guilty: "ORDER as to Rovier Carrington: WHEREAS on February 6, 2023, the parties requested that the Court schedule a change-of-plea hearing in this matter. IT IS FURTHER ORDERED that an initial status conference in this matter will be held on Friday, February 10, 2023 at 2:30 P.M."
And it was held, and he did plead: "ROVIER CARRINGTON pled guilty today in Manhattan federal court before U.S. District Judge Valerie E. Caproni to submitting false declarations to the court in connection with a $50 million civil lawsuit." CARRINGTON was scheduled to be sentenced by Judge Caproni on June 1, 2023, at 3:00 p.m.
But that has moved. On May 4, Federal Defenders wrote in asking for more time, 45 days, to "continue gathering mitigation materials." Judge Caproni granted until July 10 but included that "there will be no further adjournments absent extraordinarily good cause."
On June 26, Carrington's Federal Defender wrote in to ask for a non-incarceratory sentence, emphasizing that he was incarcerated for over 45 days and transported from LA, through Oklahoma, to Essex (NJ).
On July 5, Judge Caproni provided notice that she is considering an upward variance: "ORDER as to Rovier Carrington: The parties are scheduled to appear for a sentencing hearing in this matter on Monday, July 10, 2023 at 2:30 P.M. Please be advised that the Court is considering imposing a sentence that would constitute an upward variance from the applicable guideline range."
The case is US v. Carrington, 21-cr-653 (Caproni).
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