By Matthew Russell Lee, Patreon Maxwell book
SDNY COURTHOUSE, Nov 17 – 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.
Docketed on July 27 was Jatiek Smith's letter from the MDC, that he will take CJA counsel and see his trial delayed.
On July 28 his brother Hasim Smith was up for sentencing, and got 30 months. Inner City Press was there, thread:
Inner City Press noticed the late - today - defense sentencing submission
Defense lawyer says he was late because his client is being "sentenced for things he didn't do."
Judge Rakoff thunders, You brought this on yourself.
Hasim Smith says Parole recommended he go to work in his brother's company, "chasing fires at night... I did not assault anyone."
Judge Rakoff: This defendant is articulate, even eloquent. I sentence him to 30 months.
On August 16, 2023 a pre-trial conference for Jatiek Smith was on the schedule for 11:30 am. Inner City Press went but found the courtroom door locked. A woman by the elevators with a young child also asked why it was locked.
Hours later into the docket went a letter from the prosecutors: "this morning, due to reports of the defendant's noncompliance with the U.S. Marshals at the courthouse, the Court adjourned the conference until September 6, 2023."
On September 25 Judge Rakoff docketed this laptop access order - to be contrasted with that, for example, Sam Bankman-Fried's lawyer continue to demand: "ORDER as to Jatiek Smith. The trial of Jatiek Smith was previously scheduled to start on August 14, 2023. By Order dated May 1, 2023, the Court found that numerous security-necessitated lockdowns in the MDC were preventing Mr. Smith from having access to a computer to meaningfully review his discovery and adequately prepare for trial, and the Court accordingly directed that Mr. Smith be provided access to a computer notwithstanding the lockdowns. See Dkt.214. The trial of Mr. Smith has since been rescheduled and will now commence on November 27, 2023. Accordingly, the Court's May 1, 2023, electronic access order (Dkt. 214) is hereby vacated and the following Order substituted. It is hereby ordered, on consent of the parties, that, regardless of lockdowns in the facility, MDC shall permit Mr. Smith to have access to a computer to prepare for trial for no fewer than seven hours per day every day starting on November 6, 2023 and continuing until November 27, 2023, and after the trial begins to have access to a computer for no fewer three hours per day on days when Mr. Smith's presence is required at the courthouse and no fewer than seven hours per day on days when Mr. Smith's presence at the courthouse is not required. (Signed by Judge Jed S. Rakoff on 9/25/2023)." Watch this site.
Then one of Jatiek Smith's co-defendants was sentenced, with a medical facility recommended: "as to Kaheen Small (4), Count(s) 1, Dismissed; Pleaded guilty to Count(s) 2, Imprisonment for a total term of Twenty Four (24) Months. Supervised release for a term of Two Years. The court makes the following recommendations to the Bureau of Prisons: Incarceration in a Chronic Care 3 Facility such as FCI Butner Low, Butner, North Carolina or FMC Devens Low, Ayer, Massachusetts. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 11/28/2023. Special Assessment of $100 which is due immediately. (Signed by Judge Jed S. Rakoff on 9/26/2023)."
On October 10, Judge Rakoff docketed: "ORDER as to Jatiek Smith: The Court has received two prose filings from defendant Jatiek Smith, dated September 28, 2023, and October 6, 2023. Mr. Smith, although offered the opportunity to proceed prose, has chosen to be represented by appointed counsel, Jonathan P. Buza. Accordingly, the Court has warned Mr. Smith that such prose filings are not permitted and all applications must be made through his counsel. As a courtesy to Mr. Smith, the Court will forward copies of his submissions to his counsel so that Mr. Buza is apprised of these improper filings. (Signed by Judge Jed S. Rakoff on 10/10/2023)." And he set a pre trial conference for October 23 at 11 am.
Inner City Press went, and found the Assistant US Attorney's waiting out in the hall. Later, it went in as Judge Rakoff authorized a paralegal to act as Jatiek Smith messenger, but not to provide any legal advice. Then "Defendant's motion to proceed for trial pro se and have standby CJA counsel appointed granted after a Faretta hearing proceeds. The trail date remains 11/27/2023."
On November 3, Judge Rakoff docketed that Smith may be shackled for trial, for anger management issues - so a bench trial is being briefed.
On November 15, of the SDNY prosecutors' objection, a bench trial was ordered: "MEMORANDUM AND ORDER as to Jatiek Smith. The Court remains mystified why the Government has refused to consent to a bench trial in this case. It cannot be that the Government has a policy of never consenting to criminal bench trials; indeed, this judge has in recent years conducted such trials with the Government's consent,7 as have his colleagues. The Court is not yet forced to the conclusion that the Government simply wants to parade Mr. Smith, with all his troublesome tendencies, in front of a jury, knowing it will prejudice him and make conviction more likely. But even if this is not the case, the Court finds the Government's unexplained insistence upon a jury trial in this case both striking and troubling. See generally United States v. Allen, 644 F. Supp. 2d 422, 431 (S.D.N.Y. 2009) (noting the "special role" prosecutors have in our system of justice "not solely to advocate for the guilt of the defendant" but also to seek "truth and fairness"). In any case, it is the Court's duty to guarantee Mr. Smith a fair trial, and thus, for the forgoing reasons, the defendant's request for a bench trial is hereby granted, the Government's objection is overruled, the defendant's latest request for an adjournment is denied, and the trial will go forward, as scheduled, beginning on November 27, 2023 as a bench trial. (Signed by Judge Jed S. Rakoff on 11/15/2023)."
Then on November 17, this order about November 20: "ORDER as to Jatiek Smith: Upon the application of Damian Williams, United States Attorney, by Elizabeth A. Espinosa, Assistant United States Attorney, made to this Court by affirmation dated July 12, 2023, and pursuant to the All Writs Act, 28 U.S.C. § 1651, it is hereby ORDERED that: 1. The United States Marshals Service for the Southern District of New York allow agents, who are members of the Department of Homeland Security, Homeland Security Investigations (HSI) and the Federal Bureau Investigation (FBI), to remove JATIEK SMITH (Bureau of Prisons Register Number: 08188-510) from the USMS cellblock at the federal courthouse located at 500 Pearl Street, New York, New York, and to return him to that location on the same day that he is removed, on November 20, 2023. 2. The agents from HSI and FBI shall keep SMITH in their custody and shall be responsible for his safekeeping and welfare during the periods in which they have custody of him. (Signed by Judge Jed S. Rakoff on 11/17/2023)."
Watch this site.
The overall case is US v. Smith, et al., 22-cr-352 (Rakoff)
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