By Matthew Russell Lee, Patreon Song Vlog Podcast
BBC - Guardian UK - Honduras - The Source
SDNY COURTHOUSE, Nov 9 – Neil Cole, the brand manager charged with financial chicanery was freed on $1 million bond on December 5, 2019 and allowed to travel throughout the United States by agreement of the US Attorney's Office, contrary to the "SDNY and EDNY only" restrictions they routinely place on less affluent defendants.
On October 6, 2021, the first jury trial began and Inner City Press live tweeted Day 1 here, podcast here, vlog here. After a mistrial, a re-trial has opening argument on November 2, 2022. Inner City Press live tweeted here
and below.
On November 3, 2021 Iconix former general counsel testified that Cole was a "tyrannical" control freak, over multiple objections, here.
On November 4, after an investor, cooperator Seth Horowitz took the stand. Inner City Press tweeted here.
On November 8, in an otherwise empty courthouse on Election Day, the cross examination of Horowitz began. Inner City Press live tweeted here
Near 2pm on Friday, October 29, the jury sent a note that Juror 4 would not return on Monday. But on Monday, November 1 a partial (not guilty) verdict, on the conspiracy counts. Later, the jury returned deadlocked on eight other counts, triggering a mistrial, as "multiple jurors" were still "standing strong in their convictions." about the case. Inner City Press asked, Will Cole be retried on securities fraud, making false filings with the SEC and improperly influencing audits?
On November 12, the US indicated it had not decided.
On January 21, 2022 the US wrote it to say "it intends to seek a retrial" on Counts Two through Nine.
On October 30, 2022, on the eve of the re-trial, the US specified its opposition to Cole's subpoenas: "The Court’s prior opinion in this case did not, however, hold that all impeachment materials sought by trial subpoenas were necessarily “admissible” within the meaning of Nixon, as Cole now argues."
On November 1, after the 15 jurors (including three alternates) were picked in two full days of jury selection and left for the day, the sides fought about slides for their openings. Inner City Press live tweeted it here:
For US v Neil Cole retrial, now with jury selected & gone for the day, the arguments start.
Defense: The negotiations were led by Mr. Horowitz. The deal didn't close until Oct 1. I'll hand up the unredacted version.
Judge Ramos: I don't understand the objection about it being too late in the process. It's not hearsay. I will allow it. Is the next one about government cooperator? AUSA: It's a big red slide, to say, Horowitz is a bad person. Defense: We can change the color.
Judge Ramos: Why don't you. I'll allow the slide. The next is an organizational chart. What's the objection? AUSA: We wouldn't have a slide saying "GUILTY" - but if they want to try it.... Defense: I don't get it. Are they saying our slide means Not-guilty?
After estimates of 20 and 35 minutes for opening statements, Judge Ramos says, Try to not go beyond, I'll look very unhappy. Lawyers laugh - politely or nervously. When Horowitz: Direct this week, cross next.
Watch this site.
Back on October 29, 2021 Inner City Press live tweeted here:
jury note says they must leave at 3, jurors standing firm, and Juror 4 not returning next week. They ask if can render verdict on some not all charges. "If same jury," Judge Ramos says.
Judge Ramos: I don't know if we can have one jury reach decision on some charges and other jury [with 1 alternate added] on others. I'm thinking, No. Do you have Allen charges ready? Counsel: It's too early for that. [It's 1:46 pm and jurors are leaving at 3...]
Jury entering! Judge Ramos: You're asked if you can reach a unanimous verdict as to some counts but not others. But we don't want a partial verdict with this 12, and another with another 12. Juror 4 [he is named, but we don't], please some to sidebar
After a long sidebar, Judge Ramos tells jury: Yes, you can reach unanimous verdicts on some counts. But we'd like you to continue deliberating on others. So, go and continue. Jury exits.
Judge Ramos is asked to them them another note. Defense suggests: "Each separate count must be evaluated separately based on the evidence or lack of evidence." Judge Ramos does it. US has not objection. Judge Ramos: This will be provided to the jury.
On October 7, cooperator Seth Horowitz spend the whole day on the stand, still on direct. Inner City Press live tweeted here.
On October 8, the cross examination of Horowitz began, doggedly. Inner City Press live tweeted here.
Note: in open court, Cole's lawyer said he wanted to cross examining cooperation witness Seth Horowitz about concealment of prostitution related activities. Judge Ramos said that question will not be allowed - and when the Assistant US Attorney asked to seal the transcript, Judge Ramos agreed. But it was in open court. Can you say, #Whorowitz?
On November 9, 2023 the US wrote in to praise Horowitz' cooperation, arguing that "Cole's counsel unnecessarily publicized personally embarrassing information about Horowitz in open court. Your Honor precluded questioning on that topic and sealed the relevant part of the transcript, but at least one media outlet nontheless reporting on the information, which had significant repercussions for some of Horowitz' personal relationships." The sentencing is Nov 16 at 3:30 pm.Watch this site.
The case is US v. Horowitz, 19-cr-861 (Ramos).
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