| Bronx Man Charged for Both
Ammo and Gun Found under Bed Has
Music Video Shown to Judge
by
Matthew Russell Lee, Patreon Book
Substack SDNY
COURTHOUSE,
May 12 รข€“ A man charged with
being a felon in possession
for both a gun and ammunition
is preparing to a challenge,
that only one of these charges
can stand. He is also
contesting a search that
police say yielded the gun
under a child's bed. These
motions were described on
August 19 before U.S. District
Court for the Southern
District of New York Judge
Paul G. Gardephe. Inner City
Press was there.
Judge Gardephe recommended
that the Assistant US Attorney
look into the surplusage
issue, while telling CJA
defense counsel he'll need
sworn testimony or statement
from someone present at the
search to contest it. Afterward, by the
elevators in 40 Foley Square
after an earlier fire drill,
it appeared that such a
statement was being prepared
for. Jump cut to May
8, 2026 when the parties put
in the time stamps of the
bodega and "Parking Garage and
Outside" videos they intend to
use at a May 12 Fatico
hearing. On May 11 the US
wrote in about a YouTube video
with the defendant in it,
adding that "defense counsel
object to the admissibility
based on relevance and unfair
prejudice." Inner City Press
went on May 12 - and the video
clips were shown: AUSA:
Detective Callahan, what is
happening here? Callahan: Hand
sign of disrespect, in front
of the deli on Alexander
Avenue [in The Bronx]. A cell
phone is being held Defense:
Objection! Judge: Grounds? Defense: You
can't see what it is AUSA: Now we
offer the YouTube rap video
Defense: Objection. Just
because he did this video does
not mean he had murderous
intent on the day in question.
This is classic propensity
evidence. Rap is art. One of
the most famous rapper was in
fact a corrections officer.
Here, the lyrics were written
earlier in the summer, it was
filmed the night before the
incident. AUSA: He had to
show his credibility as a
rapper, specifically, a drill
rapper Judge Gardephe: I
do believe the video is
relevant. It tends to show he
is a member of the gang. And
he says he would send his
opponents to heaven. I will
not be inflamed by it, I
understand it is a form of art
Judge: With a jury it might be
different. Go ahead and play
it. [Drill rap video
off YouTube starts to play] AUSA: Detective
Callahan, what did he just
say? Callahan: When we
catch an opp, send them to
heaven. AUSA: And this? Callahan:
Bloods... pool of blood The case is USA v. Francis, 1:25-cr-103 (Gardephe)
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innercitypress.com |
Friday, May 15, 2026
Bronx Man Charged for Both Ammo and Gun Found under Bed Has Music Video Shown to Judge
