Extradition September hearing Day 14 (16 inl 2 Covid)

On the video link waiting to cross to court.

Expect to be back to US prison conditions today.
Yancey Ellis is an EDVA lawyer who will focus on pre-trial conditions, another US lawyer Joel Sickler on post-conviction work.
Hard to believe there are a mere 13 of us on the video link around the world, other than the few journalists in the adjacent court room at the Old Bailey
Lewis catches himself on the screen & takes the opportunity to pat down his hair. In these moments each day we see the lawyers & court officials put on their ties.
As forecast, US lawyer Yancey Ellis is first up on video.
Stella is in the corner & catches JA as he walks in behind the glass
Judge wants to deal first up with the press decision, asks for the rep.
She has found in favour of Defence, rejecting the press application for the medical statements.
Fitzgerald says Defence is happy with the document obtained regarding the razor incident to be released. The judge says she has yet to rule on whether that evidence will be permitted/accepted & she will deal with that afterwards.
Judge says one medical statement which was read in court, that of Dr Humphries (possibly one of those we could not hear..), can be released.
Judge is still reading her lengthy decision on the press request..
Her view is these details of his private life do not need to be disclosed
It’s 5 am for Yancey Ellis.
Fitzgerald: Ellis has made 2 statements. Holds a PhD in law, worked as a public defender in Alexandria & now in private practise & has clients in X block at the prison.
Ellis: JA would be held in X block pre trial, there is no other place to house them...
Ellis: Manning & Mannafort were held there pre trial.
JA would be held in the (ADSEG..?) unit referred to as X block where there are 4 - 6 cells. The cell is small 50ft or less, there is a shelf with a blanket on top and a small sink. They get 1-2 hours outside but the second..
.. hour can be in the middle of the night so not taken up.
If there are other inmates in that block, it’s not possible to communicate thru the cells, even shouting & you would never be outside with another prisoner.
Fitzgerald asks him to comment on Kromberg assertion that prisoners can communicate between cells.
Ellis: he hasn’t tried it, I can’t communicate with clients unless the food hatch is opened & you have to request that, so it’s not possible for prisoners to communicate - that’s..
..The point of being kept there. It is solitary confinement. The courts defer to the jail on how to house inmates most securely so this is not possible to change. These are the basic minimum restrictions. SAMs deals with other restrictions as well dealing with phone calls etc..
Fitzgerald- your clients were not under SAMs, could they make calls?
Ellis: you can make calls during your break.
Ellis can’t comment on SAMs restrictions.
On psychological disability: no doctor at the jail, part time access to psychiatrist so delays in consultations to alter ..
.. Medication, it’s basically to ensure you are functioning. For suicidal inmates they can be temporarily taken to another unit where they can be monitored.
It’s difficult to find someone within the prison to give you access to the block.
Lewis: you say Kromberg’s evidence is inaccurate or incomplete.
How many prisoners are held there?
Ellis: 300 or so, but only 4-6 in X block.
Lewis: your comments come from your clients & visits.
Have you interviewed the prison warden or staff or psychiatrist?
Ellis: no
Lewis: you’ve given one side of the picture.
Ellis: ..that there are two sides to every story? (Straight face)
Lewis: yes
Ellis: sure.
Lewis plowing thru Kromberg .. asking Ellis about his knowledge of good compliance in jail with policies.
Ellis politely say in effect , so what.
Ellis: they have a Togo’s track record in actual completed suicides ( I guess he means limited successful suicides).
Lewis: how would JA be assessed for housing?
Ellis: I have never been granted access to such docs.
But I believe he would be held in administrative segregation.
Lewis asks about programs available for inmates.
Ellis: The jail doesn’t run individual programs for those held in segregation.
Lewis: he can meet with his lawyers any time
Ellis: no he can’t.
Lewis: you don’t include time spent with lawyers..
Ellis says you don’t see your lawyers that often so essentially it doesn’t make much
...difference. You would have to be given special permission to go to the library but only when no one else is there.
If you have a mental health issue you can be sent to a hospital..
Lewis attempting to show the witness isn’t as knowledgeable as Kromberg, asks specifically..
..again about JA, Ellis replying that high profile inmates are not kept with others, nor would he get any special treatment, no matter who his lawyers were or how many he had.
Fitzgerald re-examines Ellis on the basis of his knowledge & view JA will be in X block. Ellis says X block is the only option.
Fitzgerald asks whether there was a problem with Manning in X block
Ellis: well publicised & some not publicised suicide attempts in X block. Manning was considered female so could not be held in X block.
Ellis: there is nowhere else in the jail
Judge says JA has been in the general prison here, why would he be in segregation in the US?
Ellis: high profile plus mental problem, in order to maintain security in the jail, they segregate these inmates.
Ellis finished.

Discussion about dealing with a statement from a Mr Guardella (sp?) - break to consider how to deal with it. This statement has a risen from the cross examination of Kopelman. It may be regarding the razor incident.
We’re back. No. Another 10 mins to see if they can get the next witness earlier than proposed.
Judge back but still waiting for witness..

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More from @MaryKostakidis

1 Oct
Extradition September hearing Day 17 (19 incl 2 Covid),
expected to be the final day.

Joined the video link waiting to cross to the court room.
Today we expect to hear an update on the Spanish surveillance case and summaries of the remaining witness statements.

I’ll provide as much information as I can on this thread.
Looking forward to providing a wrap of the hearings to @PhillipAdams_1 during the court lunch break

abc.net.au/radionational/…
Read 25 tweets
30 Sep
Extradition September hearing Day 16 (18 incl 2 Covid)

Joined the video link waiting to cross to the Old Bailey.

In a significant development yesterday, the judge agreed to accept the statements of 2 former UCGlobal employees without requiring them to reveal their identities..
.. This was a critical decision as the only protection they have (besides armed guards) is the fact that their former boss would be the suspect should anything happen to them given he alone would know their identities, Defence argued.

In accepting the Spanish court’s ruling on..
.. anonymity, these witness statements will form part of Defence evidence, paving the way for the extradition to be denied on the same basis the criminal case against Dan Ellsberg was thrown out: illegal activity on the part of the CIA. In Ellsberg’s case, for breaking into ..
Read 71 tweets
29 Sep
Extradition September hearing Day 15 (17 incl 2 Covid)

Joined the video link waiting to cross to court.
There are 12 of us on this videolink today. Perhaps @kgosztola can tell us how many journalists are on the link at the Old Bailey
The first witness is Maureen Baird, a former senior Bureau of Prisons official in the US.
Read 113 tweets
25 Sep
Extradition September hearing day Day 13 (15 with 2 lost Covid days)

Joined the video link.

I believe the only remains medical witness is Paul Mullen, Emeritus Professor at Melbourne’s Monash University. He was JA’s consulting psychiatrist in Australia & diagnosed..
... him with clinical depression in 1995.

The other witness scheduled for today is computer forensics expert, Patrick Eller.

His report reviews evidence from Chelsea Manning’s court martial.
Summers is back after being unwell yesterday. JA entering. Split screen as the next witness will be on video.
Read 85 tweets
24 Sep
Extradition September hearing Day 12 (or 14 incl Covid)

Joined the video link to cross to the court for a midday start to proceedings today.

Expect to hear from at least 2 medical experts, Dr Sondra Crosby for the Defence and Dr Nigel Blackwood for the Prosecution, and
possibly Prof Paul Mullen for the Defence.
Julian is seated judge enters
Read 61 tweets
23 Sep
Extradition September hearing Day 11 (or 13 with Covid days)

Joined video link & waiting to cross to court.

Yesterday we heard from the main Defence medical witness Prof M. Kopelman whose testimony that JA suffers from clinical depression and is likely to kill himself if
.. extradited, was contested by the Prosecution who attempted to discredit his opinion by alleging bias, an error in judgement thru omission, & a mistaken premise regarding conditions in US prisons as well as the likely severity of his sentence.
Kopelman informed Lewis’ that given he is aware Lewis had intended to secure K as a witness for the Prosecution, his attempts to discredit the reliability of K’s opinion rang somewhat hollow, that a lawyer cannot use psychiatric diagnostic guidelines like a cookbook,
Read 91 tweets

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