| As
DOJ Seek to
Close
Courtroom on
Eve of
Robinson Trial
Inner City
Press Cites
Conyers
by
Matthew Russell Lee, Patreon Book
Substack SDNY COURTHOUSE,
Aug 17-18 â Tysaan Robinson
goes to trial this week on
charges of conspiring to
traffic methamphetamine, and
the Friday before Monday jury
selection, SDNY prosecutors
asked Judge Ronnie Abrams to
close the courtroom during the
testimony of the undercover
DEA officer expected to
describe the case's two
controlled buys. The
government's motion was filed
August 14, not two weeks
before trial as in Conyers. As
in the previous case, but now
with experience, Inner City
Press has filed opposition.
While officer safety is a real
and recognized basis for
partial closure, the
reliability of the promises
attached to it, and the timing
of when they were finally put
in writing, raise questions to
be resolved before any
closure. The reason
for skepticism has a name and
a docket number: United States
v. Conyers, 1:23-cr-457, tried
before Judge Jessica G.L.
Clarke earlier this year.
There, too, the government
sought and won a partial
closure to protect an
undercover officer's identity,
and there, too, it represented
at trial that it would make
public the transcript of the
UC's testimony and publish
redacted versions of the
exhibits shown during it â the
buy videos jurors watched
while the courtroom was sealed
to the public. Inner City Press
asked for those exhibits the
morning after they were shown.
Nothing came. Days passed. The
trial ended in a guilty
verdict on all three counts.
Judge Clarke, noting the
government's own
representation, ordered a
status update on the promised
production by February 20. The
government did not wait for
that date. After 5 p.m. on the
day the verdict came in,
prosecutors wrote to reverse
course entirely (no exhibits
would be provided after all)
and, in the same letter,
chided Inner City Press for
reporting on what had happened
in open court, and for
supposedly outing cooperators. That history is
why the timing of the Robinson
filing matters. A motion
raising courtroom closure the
business day before trial
leaves essentially no room for
the kind of scrutiny, and
enforceable specificity, that
might prevent a repeat of
Conyers: no time to test
whether "the government would
make the transcript available"
means available for free, the
same day, or whether "redacted
exhibits" means promptly, or
only after a second court
order the government might
later decline to honor anyway. Late on
August 17 Inner City Press
emailed Judge Abrams, cc-ing
the prosecutors and defense
and asking that the safeguards
the government itself proposed
be converted into binding
conditions rather than
representations: free,
same-day transcripts;
automatic, prompt release of
any exhibit shown during the
closed session, without
requiring the press to ask
twice; and advance notice of
exactly when the courtroom
will be sealed and reopened,
given that in Conyers even the
docket itself had to spell out
closure and reopening times
hour by hour because no one
outside the courtroom could
otherwise tell. The Conyers case:
In a four defendant crack
conspiracy case centered
around the Lambert Houses in
The Bronx, Malik Muhammad had
a bail hearing on September
14, 2023 before U.S. District
Court for the Southern
District of New York
Magistrate Judge Sarah L.
Cave. Inner City Press was
there. The
Assistant US Attorney, after a
trial day that ended at 3 pm,
cited beyond the alleged crack
to a shooting he said Muhammad
had been picked out of a line
up for. Judge Cave
said she had before her only
the crack indictment. The AUSA
passed up to the bench a six
pack photo array and at first
asked the defense counsel not
see it as it had the witnesses
name. The defense said
"attorney-eyes only" and saw
it. Judge Cave
ordered the defendant released
on $25,000 bond, subsequently
raised to $75,000. Meanwhile,
Conyers headed to trial. On January 28, 2025 Conyers' counsel wrote it asking to delay the trial... On January 19,
2026 Judge Clarke agreed to
seal the courtroom for an
Undercover at trial. On January 28 it
was clarified that there was
an audio feed in 23B. Inner
City Press went: ...AUSA: Does the
fact that you record the
defendants discretely contribute
to the quality of the video and
audio? Undercover: Yes.
It's blurry and people talk over
it. AUSA: If it doesn't work
during a case buy? Undercover: It
could shut down without me
knowing AUSA: Where did you
make these buys? Undercover
Detective "Smith" - the 2016
West Farms Convenience, deli, on
Boston Road. AUSA: Do you see
who you bought from? UC Smith:
Over there. AUSA:
Indicating defendant Conyers.
Please look at the binder... We wrote on
January 28 that we hoped to
have more on the exhibits
shown in the courtroom that
was sealed to conceal the
undercover's identity. These
were requested from the US
Attorney's Office early on the
morning of January 29; by
day's end, nothing from the
Office. They owe exhibits,
including here and in US v.
Alexander. Judge Clarke, on
the other hand, docketed that
"as of 10 am the courtroom is
unsealed" then "the Court will
seal the courtroom at 1:30
today, and audio feed is
available in 23B." It is
appreciated. In the courtroom,
NYPD drug experts testified.
In the afternoon, when the
defense told "Detective Smith"
that they had no more
questions he said, "That's
it?" Eliciting laughter. On January 30 -
still no exhibits or even
answer from a duo at the US
Attorney's Office - Director
Hernandez was on the stand,
telling the AUSA synonyms for
crack: rock, hard, stones. On cross, CJA
Bradley asked for similar
synonyms for replica guns but
met resistance to scare piece,
dummy, joint for show. The
jury left, the charge
conference was held. The result: ORDER
as to Kyrin Conyers: After a
jury trial, the jury returned
a verdict of guilty on all
three counts against Kyrin
Conyers. And still no exhibits
from the US Attorney's Office;
they could simply be uploaded
as they are in another current
trial. On February 13,
with still no exhibits
released, Judge Clarke
docketed an order: "ORDER as
to Kyrin Conyers: During
trial, the Government
represented that it would make
public the transcript of the
UC's testimony and publish
redacted versions of the
exhibits -- including the buy
videos -- referenced during
the UC's testimony. The
Government shall provide the
Court with a status update
about its progress in
providing these materials no
later than February 20, 2026.
SO ORDERED. (Signed by Judge
Jessica G. L. Clarke on
02/13/2026)" The US Attorneys'
Office did not wait until
February 20 - after 5 pm on
February 13, they wrote in
insisting saying no exhibits
would be provided to be
published, and chiding Inner
City Press for reporting on
proceedings in open court. Inner City
Press replied the same day, here. Jump cut to June
1, when defense counsel filed
a Rule 29 motion with four
exhibits, two of them under
seal - GX 144 and 144R, video
from inside the UC's car and a
report of six others arrested
for firearm in apartment 1J of
East 179th Street. There are
photos from inside the UC's
car, with the UC's face
pixelated. The case is USA v.
Conyers, et al., 1:23-cr-457
(Clarke)
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