SDNY COURTHOUSE, Sept 11 -- A man
from China charged with smashing a glass display case in
the Daniel Patrick Moynihan door of the U.S. District
Court for the Southern District of New York was the object
of a bail hearing on September 11. He was also a subject,
speaking at length for himself. Inner City Press, as the
only media there, live tweeted here:
Federal
Defender says her client would pay $2200 restitution for
breaking table - but cannot plead guilty because "his body
was controlled by electrical devices."
Judge
Valerie Figueredo: He declined mental health treatment. He
left the district and refused to give his address.
Federal Defender: I have gotten his address in Virginia
today. I don't want to put it on the record, but I have
emailed it.
Judge: I don't think he's competent
Judge:
I am considering revoking bail so there can be a
competency evaluation.
Federal Defender: He might be detained for a year for
that.
AUSA: We initially did not seek detention. We offered him
a misdemeanor plea. He said no, & violated the
condition of release
AUSA:
Under 18 USC 3148, it is whether the court finds he
violated the conditions of release and is unlikely to
comply. You don't have to reach danger or risk of flight,
although the court has already found danger.
AUSA:
It is his right not to plead guilty, we do not need to
know why. But if he doesn't, and won't comply, the
detention order should remain in place.
Liu: Let me speak! I am a refugee! I escape from China to
America! There are secret agents after me, control
me
Liu:
FBI agents, CIA agents, implanted devices. I am from
China. Most of the people from Communist countries, we
have been implanted, like North Korea.
[Below is a photo of the smashed table
Judge:
Where
are you staying?
Federal Defender: It is a motel. He can stay there one
month.
Liu: I am from China, I am from a poor family. It is bad
for me to plead guilty. I have a dream. Democracy.
Equality. Freedom. No people should be controlled by
devices
Judge:
Can I ask the attorneys to come back for a minute?
[They leave into robing room - below is from the
complaint, the smashed display table was in the Daniel
Patrick Moynihan room; table was purchased in 1994 from a
specialty company in Germany]
[While
Judge
and counsel are out Lui is speaking, sitting next to a
Federal Defenders service social worker: "Why is the
Federal government... the common people... the country...
competitive"
Note: If US v Huawei trial were on today in EDNY, might
have missed this
Liu:
The federal government should not have so much power...
since the revolution
[Lawyers
come
out of robing room.
Federal Defender: Can we speak with our client in the jury
room?
Yes. Do you need Chinese language interpreter?
Yes.
Now they are in the jury room, judge and her staff milling
around in front. Only Inner City Press in the
gallery
2:13
pm - Liu and 2 Federal Defenders are back
AUSA: We oppose nolo contendere pleas and ask to brief the
issue if your Honor is considering one.
FD: How about a misdemeanor information that he could
plead to - nolo contendere.
AUSA: If he accepted responsibility
[Lui
has his head on the table]
Judge: The conditions have been violated. Given his
continued reluctance to compliance, I agree he is unlikely
to comply. I revoke his bail and order that he be
detained
[Three
US Marshals have come in, with gloves on.]
Federal Defender: Just one moment, your Honor
[Whispers with Liu]
Federal
Defender:
He would like to speak.
Lui: The glass table... I am a peaceful.. express my view,
about reform, social problem, about the number of electric
devices. In the last several years I have been trying my
best to be peaceful
Liu:
This is like racial discrimination... the secret police...
It is like Soviet Union... Imperial countries also cause
problems.
Judge: I understand what you're saying. Unless you change
your mind-
Liu: I hope, I hope, this social conflict
Federal
Defender
puts her hand on his shoulder
Judge: If you don't want to go to jail-
Liu: In my mind, I control myself, I can explain my
opinion
Judge: Thank you Mr. Liu.
AUSA: To be clear, he is not being detained because he
won't plead guilty
Judge:
It is because he has failed to comply with the conditions
of his release. I am no longer ordering a mental
evaluation since Federal Defender said she speaks with
him. Thank you.
3 US Marshals move in. One asks, Do you have any
property?
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