OK - and the beat goes on: now a request for release from pre-trial detention by Alec Dupuis aka "nycgas" arrested for selling MDMA and alprazolam, "resulting in the death of Peter Krasniqi on Aug 11, 2020." His father has money from a whistleblower complaint 1/x
Judge Rakoff: If Mr. Dupuis were to violate, they'd go after his parents home. So I'm not sure what the paralegal brings to the table. What about his history with drug use?
Defense lawyer: To be frank, I have not had much of an opportunity to discuss it with him
Turns out Dupuis was moving out of his condo on West 56th Street when the authorities came with a search warrant. He turned off his phone and was prepared to fly on Dec 17 to the UK, of which he is a dual citizen. But police found out, & his mother hired a lawyer
The plot thickens, with mentions of magic mushrooms and a trip to Brasilia, return 7 days later from Panama. Judge Rakoff asking many questions.
Assistant US Attorney: "I am not suggesting that Chapter 7 bankruptcy is like committing a crime. Here, the defendant's parents are separated. The father lives in Texas in a $530,000 home with a $400,000 mortgage on it. So, less than the offered bond
AUSA: We have an extradition treaty with the UK. But it has to be for a crime on the books in both countries. Here, he was involved with scienter in the death of another. It is possible we could not get him extradited.
Retained defense counsel (same one who represents Jordan Dillon, another case Inner City Press is covering innercitypress.com/cacd1sdnydillo…) says the parents ran into financial difficulties but are appropriate suretors here.
Judge Rakoff: In other cases I've called the Warden of the MDC and gotten counsel access to their clients there. Now there's every indication that the Omicron variant is significantly losing its force, particularly in the NY area.
Judge Rakoff: I've heard enough to make my ruling.
Defense counsel: Now there's a nationwide BOP lockdown, even to legal calls.
Judge Rakoff: In some respects this is a close call. I have a background as a criminal defense lawyer. The Chapter 7 gives me pause
Judge Rakoff: The extradition issue is serious. The huge penalties we have make foreign courts eager to avoid extradition to our Land of Mass Incarceration.
Defense: Mr. Dupuis can execute a waiver of execution.
Judge Rakoff: I will reduce that as a consideration
Judge Rakoff: But there is a glaring problem. He told disguised drugs. It reflects an attitude to the law and of civilized behavior; he would be a danger. He cares so little that it led to the death of another. I deny the motion (for release). Story soon.
Dupuis puts his hand over his (red) hair, glances back at the gallerty. Now he is gone with the Marshals.
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OK - now US v Maduro, hearing on whether Venezuela can pay his lawyer Barry Pollock. Inner City Press is covering the case and will live tweet, thread below matthewrussellleeicp.substack.com/p/extra-maduro…
11:42 am
All rise!
Barry Pollack: Your Honor, in Luis versus US the Supreme Court said that defendants have a right to counsel of choice, and to use untainted funds. Also, funds of a third party. Here, the Government has not contested these 2's property interest
Judge Hellerstein: The point in Luis was UNtainted funds. The similarity here is that... the sanctions are equivalent to the taint. Sanctions on Venezuela from paying out. That's a difference, isn't it?
Pollack: That is not outcome determinative under Luis
OK - now in Taibbi v. Higgins, oral argument on motion to dismiss. Defense lawyer Elizabeth McNamara: They must show the defendants knew or should have known what they reported was false. They can't. Inner City Press, banned from UN, will live tweet, thread below
McNamara: This comes down to a political fight.
Judge Daniels: The definition of "bought" is that someone has paid someone for something. And owned means not making independent judgments but based on the compensation they receive
McNamara: That's one definition
Judge Daniels: It's right on the cover. In what way was he bought?
McNamara: He highlighted 1st the Hunter Biden situation. Bought means being a sell-out, classic opinion. The flaw in their case is this is an implication of the cover. There's no implication count
All rise!
Judge Subramanian: We'll address later the proposed exclusion of some of Doctor Hill expert opinion, those that remain after the DOJ settlement. Jurors 9 and 12 are excused based on financial hardship - the Court was unable to solve it, they are excused
Judge Subramanian: I need five minutes, I've forgotten my notes on the objections.
States' Kessler: We will finish our evidence and finish our case next Wednesday [!]
[Before jury brought it]
Live Nation's Moskowitz: We do not want the jury to see Mr. Rapino's compensation. It's prejudicial.
States' Kessler: I am entitled to show how important this is to him, personally.
Moskowitz: The amount is not relevant to the bias.
Live Nation's Moskowitz: As long as we black out his compensation, we can live with that.
Judge Subramanian: Mischief managed. Mr. Hernandez?
All rise!
Live Nation's Bob Roux still on the stand.
LN's lawyer: Plaintiffs asked you about your comments about the Red Mountain acquisition - what were you saying about competition 10 years ago in Alabama?
Roux: I'd have to look at it (laughs)
Live Nation's lawyer: How would you characterize Mr. Capshaw's experience?
Roux: Very experienced manager, including for Chris Stapleton.
LN's lawyer: You told Mr. Capshaw you were going to withheld artists from Red Mountain?
Roux: Artists-
Objection!
Rephrase
8:47 am - the lawyers are all in place here, Marriott at the defense table for Live Nation, Kessler now at the front with DOJ's Dahlquist used to be, until the rug was pulled out from under him. Waiting for Judge Subramanian.
All rise!
Judge Subramanian: Juror 3 saw someone she knows in the gallery, we could do a robing room session. Juror 12, I've asked the employer if they'll pay through out the trial. A juror is running late, so we'll begin the trial at 9:30 am
[Thread will resume