SDNY COURTHOUSE, July 22 â With police helicopters overhead and completing
protests on Worth Street, Nicolas Maduro was bought on
March 26 before U.S. District Court for the Southern
District of New York Judge Alvin K. Hellerstein, see
below.
On March 30 his lawyer Barry Pollack filed
opposition to the US Attorney's Office's proposed
protective order, saying it would "severely limit the
ability of Mr. Maduro Moros and Ms. Flores de Maduro to
investigate the evidence and fully defend themselves
against the charges. It applies to four individuals:
Diosdado Cabello Rondón; Ramón RodrÃguez ChacÃn, Nicolás
Ernesto Maduro Guerra, and Hector Rusthenford Guerrero
Flores." Filing on Patreon here.
On April 1, after a US Attorney's Office
proposal, Pollack wrote in again, that "The governmentâs
latest proposal, while a mild improvement on its original
proposal, does not go nearly far enough. It would only
allow the defense to be able to share Disclosure Material
with prospective witnesses who are defendants in this case
but have not appeared in this Court only after this Court
has granted an application to take that witnessâ
deposition pursuant to Rule 15. But as set forth above, in
order to obtain such an order from the Court, Ms. Maduro
and Ms. Flores de Maduro would need to determine what
information the prospective witness has, determine that
the witness is material the case, and then make an
application to the Court to demonstrate the witnessâ
unavailability for trial and the reason the witness is
material to the case. Thus, the need to share Disclosure
Material with the potential witness occurs before a Rule
15 application is made, not after it is granted." Full
filing on Patreon here.
But on April 7 Judge Hellerstein rejected
the argument: "the Court rules on the parties' proposed
protective orders as follows: Paragraph 13 of the
protective order shall read: '13. Disclosure Material may
not be shared with any named defendant who has not yet
been apprehended in this action or any such defendant's
counsel. It is not necessary to share Disclosure Material
in order to prepare the defense.'" Inner City Press is on
alert for next rulings, including on whether Venezuela can
pay Maduro's legal fees.
On March 26, Inner City Press live tweeted, here
and below followed by link to analysis
On April 24, after 9 pm, the DOJ conceded Maduro's lawyers
CAN be paid by Venezuela, and asking for a conference in
sixty day...
And on the evening of July 21, the eve of the conference,
the US Attorney's Office filed a joint letter that the
parties want a June 2027 trial - letter on Patreon
here
On July 22, Inner City
Press live tweeted:
12:01
pm - Maduro still not brought in. A folding chair is added
to the defense table; the US Marshals will be seated
further behind the defendants than usual. Drum roll
12:04
pm
Maduro is brought in wearing MDC tan uniform and what
appear to be sunglasses.
All rise!
Judge Alvin K. Hellerstein: Be seated everyone.
Barry
Pollack:
"Barry Pollock for President Maduro."
AUSA Henry Ross: We have proposed the trial date and
schedule [Inner City Press published it last night]
Judge Hellerstein: Let's set oral argument on your first
motions... Why two rounds of motions?
Pollack:
The
first round is jurisdictional, such as sovereign immunity
which would resolve and end the case.
Judge Hellerstein: Everything testing the indictment
should come at one time. US?
AUSA Ross: We agree with the bottom line, two phases
Judge
Hellerstein
What about the co-defendent?
Agreed.
Judge: Schedule is so-ordered [clears throat] It's my
understanding of CIPA proceedings that they take a long
time, going in to special rooms. How much time?
AUSA Ross: Brief deadline March 11, 2027
Judge:
Don't
I have to see the documents?
AUSA Ross: Given the setting, it may be more appropriate
to discuss that in a closed Section 2 session.
Judge: But, all completed in time for trial?
AUSA Ross: Yes.
Pollack for Madura: Also, Section 5 of CIPA
Judge:
Does a November 17 hearing date interfere with the
schedule?
Pollack for Maduro: No, that's on our motions attacking
the indictment, without reference to discovery.
Judge: Trial will begin June 1, 2027. May 25, at 11 for
the final pretrial conference.
Pollack
for Maduro: We'll come up with other deadlines based on
trial date.
Judge: If there's a request to delay the trial I'd like to
be told early, give me time (clears throat).
Pollack: Understood. I wanted to flag for the court that
there are additional dates
Pollack for Maduro: No objection.
Judge: So ordered. We will recess.
More
on X for Subscribers here
and Substack here
Inner City Press will
stay on alert and report it - earlier analysis on X for
Subscribers here
and Substack here