| Man with Wacky
Views Absent from his Kidnapping
Trial After Airbnb Holdover
by
Matthew & Russell Lee, Patreon Substack 111 CENTRE
ST, May 11
รข A defendant who asserts that
he is a sovereign citizen, not
subject to the court systems,
is on trial essentially in
absentia for kidnapping and
other crimes in 111 Centre
Street. On May 11, his
defense lawyer objected to the
prosecutor having used the
word "sovereign" in his
opening. Can an appeal be
expected? Inner
City Press was there,
initially with a half dozen
ADAs in the audience. Jurors looked on
wide-eyed as they were told of
the victim being whipped by
the side of a knife. But only
once they left were there
arguments about sovereign
citizenship, and other "wacky
views," being prejudicial. From the earlier
thread in front of the jury: ADA tells jurors
that the defendant was
squatting in an AirBnB,
fighting eviction virtually in
housing court - then moved in
with victim in Washington
Heights. ADA: Once
defendant moved in, he told
the victim that he'd had a
child - then invited the
mother and child to move into
the victim's childhood
bedroom. She stopped paying
rent, so he would get evicted
again. But he tortured her and
stole her money ADA: You will
hear from the victim's
co-workers, who saw the
bruises on her face and took
her to NYU Langone. You will
see video of her going into
her apartment building on
Friday and not coming out
until Monday, without her
phone ADA: The only
call the victim made that
weekend was to JPMorgan Chase,
asking to transfer money to
the mother of the defendant's
child. Her doctor will explain
the bruises, some newer than
others, some consistent with a
sharp object: a kitchen
knife ADA: The NYPD had
to take down the door of the
apartment to arrest the
defendant. A chunk of the
victim's hair was found in the
bedroom. You will hear how he
tried to tamper as a witness
with the mother of his child,
in a jail call. ADA: You
will be convinced, you should
find him guilty. Thank you. Justice Kathryn
Paek: Defense? Defense lawyer
(client is NOT at defense
table) Can we have a sidebar?
[They huddle to side the bench
away from the jury box]
[Sidebar ends] Defense
lawyer: Alright. You all said
you could follow the law. The
prosecution is going to try to
provoke sympathy and anger,
about a domestic dispute. The
client is not sitting in the
courtroom. He may not appear
for this trial at all. Defense lawyer:
You may ask why he is not
here. You are not permitted to
draw any negative inference.
He has a right to not be here.
You cannot say, if he were
innocent he'd be here. He is
presumed innocent, never mind
the empty chair. This is not a
whodunit Defense lawyer:
The prosecution wants you to
believe my client restrained
her by threatening to use
deadly physical force, force
that is readily capable of
causing death or serious
injury. You have to look at
HOW the object is used ADA: Objection! Sustained.
Defense lawyer:
He only used the dull, flat
side of the knife to whip her.
It is bent to the side. I
concede that the sharp side of
a knife can be deadly. But the
dull side? It becomes a blunt
weapon, causing minor injuries
Defense:
This was a single weekend- it
cannot constitute a pattern of
behavior. Count 6 is
endangering a child - his own
infant. But during that
weekend, the child was in a
separate room, not in the room
where the altercations or
physical disputes alleged
occurred Defense: Also on
robbery, using the dull side
of the knife takes it out of
the statute. They must show
that physical force was used
during- ADA: Objection! Justice Paek:
Sustained. Defense: The
injuries occurred before the
transfer to the mother's
CashApp Defense: I
understand my opening
statement is a bit technical.
This trial is unique in that
we do not disagree that there
a terrible series of events in
that apartment. But I ask that
you hold the prosecution to
its burden. Their evidence
won't do the trick [All
of the prosecutors in the
audience just left. Inner City
Press is alone in the (large)
gallery. Even the defendant is
not here.] ADA: We have some
stipulations
After more than
half a dozen stipulations, the
jury was excused. Justice
Kathryn S. Paek told the
lawyers to return at 9:45,
saying that the defendant must
come in - or, rather, be
brought in - to say, I don't
consent, I don't waive. But it appears
the jurors will never see the
defendant before they vote on
the case. Proceedings in the afternoon may be pushed back as defense counsel appears before Justice Thompson for a juvenile defendant approved for electronic monitoring. His name was said in open court, but we voluntarily do not publish it here. More, however, to come.
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