By Matthew Russell Lee, Patreon Complaint
UN GATE, Feb 9 – After the Burma coup regime purported to fired the New York-based UN ambassador of Myanmar U Kyaw Moe Tun for his speech in New York in the usually scripted UN General Assembly, two Burmese were criminally charged with trying to kill him. One was been detained, as exclusively live tweeted by Inner City Press, below. Inner City Press has since covered the UN's complicity with, and French banks' funding of, the Burma junta.
On July 7, days before the trial set to begin on July 11, the presiding SDNY judge severed some counts while moving forward with the conspiracy. Full 36 page Order on Patreon here.
Docketed on July 24: "The Jury finds defendant Phyo Hein Htut Guilty on Count One. Jury Polled, Verdict Unanimous. Original signed Jury Verdict form attached (marked as Court Ex. #2). Defendants post-trial motion briefing schedule is as follows: moving papers shall be filed on September 21, 2023; Government's opposition papers shall be filed on November 21, 2023; reply papers shall be filed on December 6, 2023. The parties are directed to provide the Court with two paper courtesy copies and one set to be emailed to chambers. PSI is ordered. Sentencing is scheduled for March 14, 2024 at 11:30 am."
The sentencing was moved up to February 8, 2024. On January 25, 2024, Htut's lawyer wrote in asking for a sentence of time served (approximately 30 months).
On February 8, Htut got just that: time served. "ORDER as to Phyo Hein Htut. It is hereby ORDERED that defendant, PHYO HEIN HTUT, Reg# 58850-509, sentenced to time served, be released from custody. The U.S. Marshals are to release the defendant unless any pending warrants, detainers or other issues are encountered. (Signed by Judge Nelson Stephen Roman on 2/8/24)."
On February 5, confusingly, the US Attorney's Office wrote in that "a sentence within the stipulated Guidelines range of 30 to 37 months imprisonment, including the 30 months recommended by Probation, would be sufficient." He has served 30 months, so this appears to be a request for time served.
Back on August 11, 20 year-old Ye Hein Zaw, who with a Burmese interpreter got his income approved on April 6 as low enough for free counsel hired a private attorney, one who is described as a Wall Street lawyer half of whose clients are French: Matthew Galluzzo.
On December 10, a guilty plea: today the guilty plea of YE HEIN ZAW, a citizen of Myanmar, for his role in a conspiracy to assault and make a violent attack upon Myanmar’s Permanent Representative to the United Nations. ZAW is scheduled to be sentenced by Judge Halpern on May 10, 2022."
On March 16, 2022, this: "STIPULATION IN SUPPORT OF APPLICATION FOR 8TH OR SUBSEQUENT ORDER OF CONTINUANCE AND 8TH ORDER OF CONTINUANCE as to Phyo Hein Htut. Time excluded from 3/16/2022 until 4/13/2022. (Signed by Magistrate Judge Judith C. McCarthy on 3/16/2022)"
Htut asked for US public money to put on a witness from Myanmar, who would say Htut was a pro democracy activist. The US said if the unnamed witness is deposed, it should be in White Plains. Then, two sealed documents.
On May 2, Htut was the subject of a superseding indictment with false statements added, including his claim that he told people at the Mission about the threats.
On May 18, 2023, the US Attorney's Office filed its motions in limine, including arguing that Htut "should not be allowed to present a duress defense unless and until he proffers evidence to the Court that is sufficient to support such a defense." Watch this site.
Burma did not speak at the UNGA High Level Week, from which UNSG Antonio Guterres and PGA Abdulla Shahid banned Inner City Press.
Burmese sources consulted by Inner City Press wondered aloud if the Thai arms merchant in the Complaint, or allies, might have any role. Inner City Press will keep covering the case, and asking UNSG Antonio Guterres' spokespeople Stephane Dujarric and Melissa Fleming, who don't answer even a law firm's pro bono letter, and Linda Thomas-Greenfield, about it.
On the afternoon of August 6 this: Criminal complaint on Inner City Press' DocumentCloud here: the arrests of PHYO HEIN HTUT and YE HEIN ZAW for conspiracy to assault and make a violent attack upon Myanmar’s Permanent Representative to the United Nations [Kyaw Moe Tun].
Inner City Press managed to find and live tweet the presentment of Zaw, here:
At the UN, SG Guterres removed Burma's or Myanmar's army from the UN "list of shame" for recruiting and using child soldiers, despite more than 200 cases. Emboldened by corrupt Guterres, they are recruiting and using even more. Now a call for Guterres, trying to steal a second term, to reinstate them on the list - but from a group which seems to join Guterres in banning Inner City Press from (its) press conference.
This case is US v. Htut, 7:22-cr-671 (Roman)
Watch this site.
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
