By Matthew Russell Lee, Patreon Maxwell book
SDNY COURTHOUSE, July 19 – The lead defendant in a criminal case alleging gang extortion in the field of clean-up services to properties damaged by fire asserted his Speedy Trial Act rights.
On September 9, 2022, U.S. District Court for the Southern District of New York Judge Jed S. Rakoff held an in-person arraignment and detention or bond proceeding, with the defendant's family and supporters filling half of the courtroom gallery. Inner City Press was there.
On the request to move up the scheduled May 2023 trial to October, Judge Rakoff said he will speak with Judge Analisa Torres about changing the schedule of her US v. Tim Shea (We Build the Wall) trial. We'll see.
On detention or release, the Assistant US Attorney recited from audio recordings of threatens, saying "N-word, I'm gonna kill you."
The defense lawyer, retained from Staten Island, pointed to those in the gallery and called the threats hyperbole. Judge Rakoff said the defendant clearly had supporters, but was a danger to the community. He was ordered detained.
Afterward by the elevators, supporters said of the prosecutors after they left in a separate elevator, "They lie."
Jump cut to March 27, 2023, when Judge Rakoff convened a Curcio hearing on the lead defendant. In short order he ruled, there is no conflict, and adjourned the proceeding. Ten days prior, Judge Rakoff had denied this request to suppress the forensic copy of his phone, taken after he was denied entry into Jamaica and was found with $10,000 upon his return.
Back on September 13, Judge Rakoff held a proceeding with co-defendants. The lead defendant Jatiek Smith applied to move his trial from October 17 to November 28 was granted, and three co-defendants were allowed to join him for trial beginning that date, one with a new lawyer. The others remain for trial on "5-1-22," which we take to mean May 1, 2023.
On April 27, Jatiek Smith appeared before Judge Rakoff, seeking to go pro se. His CJA lawyer, it was said on the record, collapsed in the subway; Inner City Press is voluntarily not report further medical details.
Jatiek Smith said he is tired of waiting for lawyers; he said, "You view me as an animal, so I'll just do it myself."
Judge Rakoff pointed out that the first CJA counsel's sickness was not his fault.
Then Jatiek Smith asked for the courtroom to be cleared to speak about his experience with his lawyers. Inner City Press did not contest the sealing; it stood by the elevators with six AUSAs and, separately, supporters of Smith. When summoned back in, it was put on the record that Smith will communicate by 5 pm on May 1 if he wants to go pro se - in which case trial would start May 8 or 15 -- or continue with another CJA lawyer, or two, on August 14, moved up in the sealed session from September 19.
It emerged that 3500 material and other discovery cannot be shared with Smith on the same timeline as other defendants, which would impact his ability - and Constitutional right - to represent himself. It was unclear how or if this was addressed in the sealed session.
Thing became clearer on May 1, when the trial date (and representation) were set: "ORDER as to (22-Cr-352-1) Jatiek Smith. On 4/27/23, the Court held an in-person conference with Jatiek Smith, his then-primary counsel Thomas Nooter and co-counsel Jill Shellow, and prospective counsel Andrew Patel, as well as counsel for the Government. See 4/27/23 Hr'g Tr. As discussed further on the record during that proceeding, severe and unexpected medical setbacks that had very recently arisen affecting Mr. Nooter's health meant that Mr. Nooter was no longer able to try this case... following an on-the-record (but sealed) colloquy regarding the risks of going prose, Mr. Smith asked for some time to further consider the issue. He has since written the Court (in a letter that has been docketed separately, see dkt. 211) stating his preference to remain represented by Ms. Shellow (as primary counsel) and Mr. Patel (as co-counsel) and proceed with an August 14 trial date."
On July 11, the US Attorney's Office asked for at least 60 months for Hasim Smith.
On July 19, Inner City Press went to the proceeding for Jatiek Smith to fire his lawyers and go pro se. Judge Rakoff ordered everyone out of the courtroom except outgoing counsel and two associates in the courtroom gallery.
After more than half an hour, the press and public were allowed back in. Judge Rakoff said he had had a cordial talk with Smith and that he would be appointing now counsel, to meet with Smith by July 24. A week after that, Smith is to write in whether he wanted to keep these new counsel and see his trial pushed back, or go forward pro se with the trial starting August 16. Watch this site.
The overall case is US v. Smith, et al., 22-cr-352 (Rakoff)
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