Captain Whose Boat Capsized Killing Two Was Released Then Detained by ICE for April Trial

Captain Whose Boat Capsized Killing Two Was Released Then Detained by ICE for April Trial by Matthew Russell Lee, Patreon Book Substack SDNY COURTHOUSE, Sept 10 – The captain of a ship that capsized, killing two, by Liberty Island on August 8 was in U.S. District Court for the Southern District of New York Magistrates Court on August 10. Inner City Press was there and live tweeted: presentment of Manuel Hernandez, captain of ship which capsized Saturday night by Liberty Island, killing a mother & daughter. Case is in PACER but complaint not yet.  Magistrate Judge Figueredo has stepped out for a moment.  3:06 pm Federal Defender has done into the holding cell; law enforcement has come out and sits in back room here in the Mag court.  Judge Figueredo still not on the bench.  3:10 pm Federal Defender has come back out of the holding cell. Now defendant is brought in, in gray T-shirt and white shorts. Two US Marshals stand behind him.  3:14 pm Magistrate Judge Valerie Figueredo come in quickly, does not require those in courtroom to rise. Assistant US Attorney and Federal Defender huddle with Pre-Trial Services.  3:16 pm Deputy: This is US v Manuel Hernandez. Judge: You speak English? Hernandez: Yes. AUSA: He was taken into Federal custody yesterday August 9 at approximately 7 pm. Judge: I'm going to explain certain rights that you have Judge: You are charged with negligence as a ship captain resulting in death, and misconduct as a ship captain resulting in death. Is there a bail package agreed to? AUSA: Yes. $50,000 [unsecured] bond, two co-signers, travel restricted to SDNY, EDNY & NJ. No boats  AUSA: No contact with passengers or employees of tour operators Judge: Is it a large tour operator? AUSA: No, relatively small. Judge: Any other conditions? AUSA: No. Federal Defender: Release today AUSA: Yes  Adjourned But he did not remain released - ICE picked him up. The case was indicted and wheeled out to District Judge Mary Kay Vyskocil, who held a September 10 proceeding which Inner City Press live tweeted, here: All rise! Judge Vyskocil: Please be seated. Has the Government informed the victims of this proceeding? AUSA: We are in contact with them, I don't know if about today's arraignment. Judge: You have to do a better job. Judge: How do you plead? Hernandez: Not guilty. Judge: The Speedy Trial Act clock starts now - see US v Nixon.  Talk to me about discovery. AUSA: It includes NYPD files, reports from the response to the capsizing, body-worm camera footage  AUSA: Mechanical information about the vessel. The defendant's Mirandized statement. We believe there will be more material. The Coast Guard investigation is ongoing. Federal Defender: I understand. Judge: Columbus Day is a Court holiday... Judge: How long with the trial take? AUSA: I'd ask the Court to allot a full week. Judge: Early April, the week of April 5.  Has the defendant been released? AUSA: He was - then ICE ERO found he did not have lawful status, detained August 18 AUSA: He remains detained. We ask that Speedy Trial Act time be excluded until April 5, the trial date. Federal Defender: No objection. Judge: Granted. The case is USA v. Hernandez, 1:26-cr-405 (Vyskocil) *** Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron. Feedback: Editorial [at] innercitypress.com Mail: Box 130222, Chinatown Station, NY NY 10013 Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.  Copyright 2006-2026 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com