By Matthew Russell Lee, Patreon
SDNY COURT EXCLUSIVE, Feb 9 - In the U.S. District Court for the Southern District of New York on April 7, 2022 a series detention or release proceedings were held until 8 pm by new Magistrate Judge Jennifer Willis after an early morning police raid on a fentanyl mill on the fourth floor of 15 East 196th Street in The Bronx.
One of the final two defendants had sold a kilo and a half of fentanyl to an undercover agent, the Assistant US Attorney told Judge Willis. The other had fled out of the drug mill apartment upon the arrival of the police by kicking out the air conditioner and going up the fire escape to an apartment on the fifth floor. He entered by kicking in the air conditioner.
Jump cut to May 16, 2023, when defendant Teo Cabral was back in front of the assigned District Judge, John P. Cronon, on a violation of the terms of pre-trial release. His father, who had signed the bond, was said to want to step back, unless he enters an in-patient drug program. A program, Cornerstone, was found, and was to pick him up in The Bronx on May 17. Judge Cronan told the Marshals they could leave, there would be no remand - for now, he said.
On December 15, 2023, Cabral was back before Judge Cronan. It emerged that his conditions of release did not allow him to leave his room for food. Judge Cronan inquired, and then loosen the conditions to allow him to leave his residence for 30 minutes per day to get food.
On February 9, 2024, Teo Cabral came before Judge Cronan to plead guilty. The issues, after US .v Chavez, was whether he would be remanded. Inner City Press as the only media there live tweeted, thread:
Judge Cronan: What about the conditions in the MDC cited in the Chavez decision?
AUSA: Other judges have since disagreed... and this defendant just pled to selling fentanyl
CJA Defense lawyer: He only sold a sample.
Judge: But isn't fentanyl a danger?
Defense: There is a staffing shortage, full day lockdowns... I'm not allowed to speak to his drug treatment provider but I overheard him when Mr Cabral called him as we walked over here this morning He is late sometimes because the D train is only 51% on time
Judge: Can the MDC jail provide drug treatment to Mr Cabral? AUSA: If not they send him out. Defense: They won't get methadone in the MDC. It would be cold turkey.
Pre-Trial: There have been violations, at least 12 of them. We recommend his bail be revoked
Judge: As someone who's lived in New York a long time, I'll take judicial notice that the subways can be later... GIve me a moment [Judge goes to robing room, now back] Judge: I must remand unless I find extraordinary circumstances under 18 USC 3145(c)...
Judge: Some lockdowns are triggered by inmate violence... The defendant in Chavez was 70 years old, and complied. [There are 2 US Marshals here in the back of the courtroom gallery. It's feeling like they will be called into action to remand in this case]
Judge: Only today I received a report of violations, I agree some may be explained: they do not factor into my decision. I order Mr Cabral remanded to the Marshals.
They moved in...
Inner City Press will continue to follow these cases.
This case is US v. Cabral, et al., 22-cr-366 (Cronan)
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