SDNY COURTHOUSE, Oct 15 – In
March one NYC college student died of a fentanyl overdose
and was raped while another was poisoned by it, nearly
fatally. On October 15, 2026 the US Attorney's Office for
the Southern District of New York announced
"the unsealing of a three-count superseding
Indictment charging MOISES FREIRE and BRIAN PERALTA
CABRERA with participating in a fentanyl distribution
conspiracy that resulted in the fatal poisoning of one
college student and the near-fatal poisoning of another
college student n a college residence hall in Manhattan,
New York this past March. The Indictment further
alleges that after rendering both women unconscious
through fentanyl exposure, FREIRE raped Victim-1, who
never regained consciousness and later died. FREIRE
is also charged with distributing fentanyl with the intent
to commit a violent crime, specifically,
rape."
But the school was not named in the
press release, nor in the indictment. Why not?
The Federal Clery Act provides that
schools "shall make timely reports to the campus community
on crimes considered to be a threat to other students."
The dealing of fentanyl in the dorm, resulting in rape and
death, would be such a threat.
In a transcript from each in the case, the
AUSA tells the Magistrate Judge ""CC1 told Mr. Peralta in
text-message conversation that he was going to be using
the drugs with women, he was bringing them to 'the
dorm.'"
The case initially had three defendants, who of whom got and accepted a plea deal prior to the superseding indictment. The transcript of that change of plea proceeding is not yet available. The day after the plea, there was a "SELAED DOCUMENT placed in vault." There is also a removed docket entry.
More on X for Subscribers here
and Substack here
- including the letter Inner City Press has sent to Judge
Sidney H. Stein.
Judge Stein on April 13 as The Court
said
THE COURT: It's not dumb teenager things to
give somebody fentanyl, sir.
FEDERAL DEFENDER MITCHELL SCHWARTZ: I
agree, your Honor. But I'm talking about before it reached
this point. At one point, my client who didn't go to FIT,
the decedent is inviting him over, but they're having an
issue about how they're going to sneak him up, so
presumably, I guess, they can sleep together. And she
tells my client, you know, he should try to wear a wig,
look like a girl so that the security guard won't be
suspicious. [40-page transcript on Patreon here]
All the more reason for DOJ not to
be omitting the name of the school. Inner City Press'
letter is pending.
The case is USA v. Freire, et al.,
1:26-cr-111 (Stein)
