| Man Charged with Coercion
of 16-Year-Old At Orchard Beach
Was Ordered Free Appeal Heard
by
Matthew Russell Lee, Patreon Book
Substack SDNY
COURTHOUSE,
Aug 6 รข A defendant who
fled from an FBI agent on
Tuesday morning had a bail
hearing on Tuesday past 5 pm
int U.S. District Court for
the Southern District of New
York Magistrates Court. Inner
City Press was there, the only
media in the SDNY Mag court,
and live tweeted: defendant is
charged with "coercion of a
minor." Prosecutor: we
seek detention, on
dangerousness and risk of
flight. This is a presumption
case. AUSA: He was
arrested this morning after a
search and a Mirandized
statement. He picked up Jane
Doe-1 on a scooter on Gun Hill
Road in The Bronx, he took her
to Orchard Beach and he
forcibly r*ped her- Judge: Is that in
the Complaint? AUSA: No. AUSA: Jane Doe
did go back to his apartment
after but we say this was
without consent. We are aware
of three other minor victims,
as young at 11. He lured them
on Snapchat. In 2019 he was
convicted of assault in the 3d
degree, he died. It was a
misdemeanor AUSA: He got 100
months in this District, by
Judge Rakoff, for Hobbs Act
robbery. He has two children
with his girlfriend, they have
been removed by ACS for
inadequate guardianship and
drug use. His girlfriend
called him abusive AUSA: When
he was approached by law
enforcement this morning with
a warrant he ran away and
sought to scale a fence. Now
he faces a ten year minimum.
He has paid at least one minor
victim to stop speaking with
the FDIC. Judge:
Defense? Defense: Yes he
served time. He learned to be
a plumber in Allenwood, now he
works at A&A Plumbing. He
is 43 and was arrested this
morning in his work T-shirt.
He is allowed to run away.
There was no arrest warrant -
only a search warrant. Defense: If
this is statutory r*pe, in New
York State that often results
in a non-incarceratory
sentence. They were not
planning to arrest him told.
Judge: Maybe it was him
exercising what you call his
right to run away. Defense: The
child, the mother may have
tried to disengage a
ventilator - but he is allowed
to live with him, just not to
assault her. It's like saying,
he can't break the law. It's
meaningless. They say he
picked her up on a scooter. I
propose he stay at home AUSA: He drove
from Queens to Brooklyn to
meet up with an 11 year
old. Defense: That's not
supported. And this morning
they didn't cite lawful
authority. Judge: He was
aware they were law
enforcement officers. Defense:
On the street he'd free to do
what he wants Judge: I'm
going to release him. There is
a ten year mandatory minimum,
sure. But I do not find the
evidence overwhelming. The
presumption of innocence
applies. He was born here. He
has 6 or 7 criminal
convictions. Yes he ran away,
but no physical confrontation
Judge: So,
release on $200,00 bond, he
shall seek or continue
employment. Release once
conditions met. AUSA: We intend
to appeal to Part 1 during
that time On August 6 the
appeal was heard. It was
supposed to start at 3 pm but
didn't until nearly half past.
Then Rosario's second lawyer,
the subject of an "omnibus pro
hac vice" motion, argued that
her client could be monitored
and that the Bronx DA's press
release is not evidence.
But it could be considered. It
was hearing to 5 pm with the
Part 1 judge withdrew into the
robing room. In the gallery,
along with four other AUSAs
and Inner City Press until
argument's end was a woman in
shorts and a shirt labeled
"88" More on X for
Subscribers here
and Substack here. The case is USA
v. Rosario, 1:26-mj-3146 (Gary
Stein)
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