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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[Before jury]
Judge: I understand the press is doing their best with the orders. What about Jane's texts?
AUSA Comey: I feel a need to personally read them before releasing them to the press. How about Saturday for Friday's exhibits?
Judge: Don't kill yourself
AUSA Comey: The reporters are not officers of the court, and they won't know what has to not be reported. That's why I want to review them myself. I don't think there is a real Constitutional issue here.
[Inner City Press disagrees: storage.courtlistener.com/recap/gov.usco…
[Before jury comes in]
Judge: What about the witness' conflicts with other romantic partners?
AUSA: The last one was with a colleague, not a girlfriend
[Note: none of this is in the docket, despite Inner City Press' filing &Judge's orders storage.courtlistener.com/recap/gov.usco…
Combs' Shapiro: This is impeachment material
Judge: These are assaults under Rule 608(b)? Is that fair?
Shapiro: It's not 608(b)... We're happy to provide the proffer ex parte, it's difficult to explain the fact
Judge: Ex parte proffer is irregular [filings too]
Judge Subramanian: Let's bring our jury back out.
All rise!
AUSA: I am going to enter a stipulation into evidence. During a search at Miami airport, law enforcement seized two cell phones from Kristina Khorram's person
AUSA: Publish that for the jury...It says 24 contacts, including "Eddy My Angel" and his phone number, and "Eddy My Angel friend Inter-Continental." There was also a photo of the IDs on the device.
Courtroom deputy: Marshals, can you bring the defendant out? Oh, I think Mr. Donaldson is in there [the holding cell] with Mr. Combs.
[Combs is brought in]
Judge Subramanian: Let's start with the compilation video. I got this letter patreon.com/posts/diddy-do…
Judge: Is Mr. Garcia competent to testify about this video, given his position in the hotel's security?
AUSA Steiner: I have not really asking him about that aspect.
Judge: We are not using the correct cell phone video, so this could get in under the rules.
[Before jury in]
Judge Subramanian: Mr. Steel, how much longer do you have on cross?
Combs' Steel: At least until lunch, maybe after.
Judge: We're not going to have 15 more Instagram posts?
Steel: I can't promise that...
Judge: Defense, on the elevator hallway video, you are objecting to showing the versions we discussed?
Defense: Yes, it shows Mr. Combs running thirty percent faster than really happened, it's prejudicial. We let AUSA Smyser know how we will cross the expert
[Before jury is brought it]
Judge: Let's address this. All the Government is saying is that the message shows Ms. Ventura's state of mind
Combs' Donaldson: That's the problem with not being able to re-call Ms. Ventura as a witness.
AUSA: All Mr. Nash will quote it, He's making me freak off on my birthday. She didn't want to go.
Combs' Alexandra Shapiro: A spouse might say, He's making me go to Rangers game, I'd rather not tonight.
Judge: You could have cross examined Ms. Ventura about this