by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, July 21 – 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."
On May 30, Judge Caproni ruled: "ORDER as to James Garlick: IT IS HEREBY ORDERED that the Court will consider any written response from Mr. Garlick to the Governments motions in limine and supplemental motions in limine if the Court receives them by Tuesday, May 30, 2023. If the Court receives no written response to the motions in limine, Mr. Garlick may provide oral objections at the Final Pre-Trial Conference on May 31, 2023 at 10:30 A.M. IT IS FURTHER ORDERED that Mr. Garlick must also be prepared to disclose the name and expertise of any expert witnesses he plans to call, as well as provide a summary of their expected testimony, and must disclose an exhibit list of any exhibits he may introduce on May 31, 2023, at the Final Pre-Trial Conference. If Mr. Garlick fails to do so, the Court will consider precluding him from introducing exhibits or expert testimony at trial."
Inner City Press went to the courtroom on May 31 but found it locked. Docketed later were Garlick's motions for recusal, removal of Stand-by Counsel, and to receive package or propery. He writes that the stop of his scooter was without probable cause, as was the search and turns up a gun. His stand-by counsel are representing another gun defendant, before Judge Rakoff, in a suppression hearing. But what will happen here?
On June 1 there was supposed to be a conference at 1 pm - but again, the door was locked. Afterwards, Federal Defenders wrote in to say they still had no CorrLinks invite; the US Attorney's Office wrote it to say one of its paralegals during a tour of the MDC "had a very brief exchange of words with James Garlick." What words?
On June 6, the prosecutors asked to change the jury charge to include an instruction about the Fourth Amendment, quoted from Garlick's questions / statements for example that "I feel that you violated my Fourth Amendment rights at the stop" (The Court: Please disregard Mr. Garlick's statements.).
On June 7, Inner City Press was present in Courtroom 318 when Garlick, with the whispered assistance of Federal Defenders, cross examined the police officer who says he found the gun in the storage compartment of Garlick's scooter. Thread:
NYPD witness has gun in 1 hand, mic in the other.
Now the scooter as well as the gun - & James Garlick - are here before the jury
Garlick has standby counsel from Federal Defenders, who whispers Objection - then Garlick more loudly says, " Objection!"
Now he's standing to cross examine
Garlick is reading questions, then saying, Correct? He is replaying video from outside 44th Precinct, as barrier truck with seized scooter on it arrives. He asks about another video.
Then Garlick says, I haven't see it.
AUSA: Objection! Judge: Jury will disregard
FD points Garlick to a page of his binder. He asks why officer witness did not wear gloves, when he reached into scooter storage compartment. Asks, Do you know about DNA?
AUSA: Objection!
Judge: Overruled. If he knows.
He did not.
On June 8, there were closing arguments, jury charge and deliberations until 4 pm. The verdict was reached and the jury will returned on Monday (Judge Caproni is out on Friday, she said). The prosecution emphasized that Garlick had said he wanted "artillery" without bodies on it. At day's end, Judge Caproni genially asked Garlick if he has lights in his cell, saying, I had nothing to do with it. He gave a wide smile.
On June 12, Inner City Press repeatedly checked Courtroom 318, which was empty but for the scooter. There was talk of two holdouts.
Docketed on June 13, this: "DECLARATION OF MISTRIAL as to James Garlick (1) Count 1James Garlick (1) on Count 1.... IT IS HEREBY ORDERED that not later than Friday, June 16, 2023, the parties must meet and confer and submit a joint letter to the Court identifying three possible start dates for a renewed trial before Monday, August 14, 2023. IT IS FURTHER ORDERED that not later than Friday, June 23, 2023, standby counsel for Mr. Garlick must submit a letter to the Court stating whether Mr. Garlick intends to continue to represent himself in this matter or whether he would like standby counsel to represent him."
On June 16, Federal Defenders wrote to Judge Caproni that they are only available on July 24, or in September or October. They say Garlick "objects to a summer trial date and instead proposes the Court begin trial in October 2023."
On June 20, Judge Caproni docketed the new re-trial date, not in October but July: "ORDER as to James Garlick: WHEREAS on June 12, 2023, the Court declared a mistrial in this case; IT IS HEREBY ORDERED that a new trial is scheduled for Monday, July 24, 2023 at 10:00 A.M. in Courtroom 318 of the Thurgood Marshall United States Courthouse, 40 FoleySquare, New York, New York 10007. The parties must appear for a Final Pre-Trial Conference on Thursday, July 20, 2023 at 10:00 A.M. in Courtroom 318.IT IS FURTHER ORDERED that any supplemental motions in limine, requests to charge, exhibit lists, or witness lists must be filed not later than Friday, July 7, 2023. Responses to any motions in limine are due not later than Monday, July 17, 2023. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a copy of this order to Mr. Garlick. IT IS FURTHER ORDERED that the Government must continue to deliver filings to Mr. Garlick via courier, and the Federal Defenders must continue to communicate the substance of all orders to Mr. Garlick via email, unless and until Mr. Garlick opts to being represented by the Federal Defenders."
On June 23 Judge Caproni docketed that "WHEREAS on June 23, 2023, standby counsel submitted a letter stating that Mr. Garlick intends to continue to represent himself in this matter and that Mr. Garlick has removed standby counsel from his approved CorrLinks contact list, see Letter, Dkt. 130; IT IS HEREBY ORDERED that the parties must appear for a status conference on Wednesday, June 28, 2023."
Inner City Press went, and found Garlick insisting that he will not re-open his CorrLinks email to Federal Defenders (blaming them for giving the July 24 trial date or availability, upon Judge Caproni's request citing the Speedy Trial Act).
Garlick got a bail hearing on July 5. Inner City Press was there. He was denied bail for the fourth time, but retains the right to represent himself despite not opening his CorrLinks to the Federal Defenders, who were there. It is unclear if he will participate in jury selection - he said, "I didn't do so badly last time, did I?"
Inner City Press went on July 20 to what was billed as the final pre trial conference. But after a break during which Garlick spoke with two Federal Defenders, they emerged to announce that Garlick wanted to re-engage Federal Defenders to work out a plea.
Judge Caproni said that would be great, but that the trial would be going forward. She moved the FPTC to July 21 at either 11:30 am or 4:15 pm, if no plea is agreed to before then.
As of 9:50 pm on June 20 there is nothing in the docket indicating a plea.
But on July 21 this was filed: "ORDER as to James Garlick. WHEREAS on May 17, 2023, Mr. Garlick waived his right to counsel and proceeded in this matter pro se, with his former counsel, the Federal Defenders, Inc. (the "Federal Defenders"), as standby counsel, see Order, Dkt. 63; WHEREAS on May 22, 2023, Mr. Garlick submitted the original copy of his birth certificate to the Court and requested that it be filed on the docket, see Birth Certificate, Dkt. 72; WHEREAS in the morning of July 20, 2023, the parties appeared for a Final Pre-Trial Conference; WHEREAS at the Final Pre-Trial Conference, Mr. Garlick requested the reappointment of counsel and the Court reappointed the Federal Defenders; WHEREAS in the afternoon of July 20, 2023, the parties appeared for a change-of-plea hearing; WHEREAS Mr. Garlick pled guilty to Count One of the Indictment; IT IS HEREBY ORDERED that Mr. Garlick will be sentenced on Tuesday, November 7, 2023 at 10:30 A.M.(Signed by Judge Valerie E. Caproni on 7/21/2023). Watch this site.
The case is US v. Garlick, 22-cr-540 (Caproni)
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