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 Luigi Mangione NYS arraignment, his lawyers in front, two rows in front of Inner City Press. Here since 8 am to live-report, including for "Lone Wolf" project coming soon (later today?) - live tweeted thread below
Court security officer: Defense counsel, do you want to set up?
[They do. Judge Gregory Carro has taken the bench]
[Stray note while waiting for Luigi Mangione to be "produced" - many members of the public, almost entirely female, who began lining up at 4:30 am for this proceeding spoke in the hall why they are here- this will be part of "Lone Wolf," ideally online later today
OK - now Luigi Mangione presentment in SDNY Federal court charged with murder through use of a firearm, stalking, firearm - Inner City Press is covering the case (toward a book) and will live tweet, thread below
Luigi Mangione has been brought in by US Marshals, in a black quarter-zip sweater. He sits between his lawyer Karen Friedman Agnifilo and her husband (Sean Combs' laywer) Marc Agnifilo. Now waiting for Magistrate Judge Katharine H. Parker. Drum roll
All rise!
Magistrate Judge Parker: Good afternoon everyone. Mr. Mangione, you have been arrested based on charges filed against you in a complaint.
[Here, on Inner City Press' DocumentCloud: documentcloud.org/documents/2546…
OK - now at US v. Sean Combs - amid argument about whether info should be "inspection only" or Attorney's Possession only (& while Buzbee and Jay-Z's Spiro fight in civil cases). Inner City Press wrote book & will live tweet, thread below amazon.com/dp/B0DHP7YF19
Judge's clerk: We'll bring out the defendant in a moment, check with Mr. Agnifilo... OK, bring out the defendant!
[Combs comes of the side door in MDC Jail tan, sits next to Tony Ricco and hugs with, then waves at his other lawyers and those in audience
All rise!
Judge Subramanian: Good afternoon, Mr. Combs.
Combs: Good afternoon, how are you doing today...
Judge: Great. What can we take care of today?
Assistant US Attorney Emily Johnson: We will produce all discovery by the end of this year.
OK - now NY v. Daniel Penny Day 5 of jury deliberations, only on Count 2 after Judge Wiley dismissed Count 1 on Friday. Inner City Press wrote 1st book Now working on sequel, here for any jury notes or verdict, will live tweet, thread belowamazon.com/dp/B0DNXVK8JC
Update of 9:39 am - Judge Maxwell Wiley enters the courtroom stage left, not yet in black robe, carrying tall paper cup presumably of coffee.
Court officer: Morning, Judge.
Judge waves and exits stage right.
Protesters chanting down on Centre Street can be heard
Update of 10:03 am - Now Judge Wiley comes in in black robe.
Court Officer: Come to order! Counsel, have a seat!
[ADA Dafna Yoran is standing in the gallery, looks up and says, Oh, okay. Now at prosecution table.
Daniel Penny and his lawyers have yet to come in.
OK - now NY v. Daniel Penny Day 4 of jury deliberations, after videos & read-back of instructions Inner City Press wrote book "Penny for Your Thoughts" & is here in the courtroom for any jury notes or verdict, will live tweet, thread belowamazon.com/dp/B0DNXVK8JC
Update of 10:27 am: Have been here in the courtroom for some time, still no sign of the judge, jury, ADAs or Danny Penny & his lawyers, presumably waiting in their room down the hall to be called in for a note or verdict. In the interim some exhibit & comparisons
Transcript of 9-1-1 call, belatedly put into the public docket this week: "someone started acting crazy on the train, talking about he's not afraid to go to jail, he's ready to hurt someone, and this guy put him in a chokehold to calm him down, so -
OK - now NY v. Daniel Penny Day 3 of jury deliberations, to start with read-back of Dr. Harris. Inner City Press wrote book "Penny for Your Thoughts" and is here in the courtroom for any jury notes or verdict, will live tweet, thread belowamazon.com/dp/B0DNXVK8JC
Update of 10 am - the two court reporters who started dramatic reading of Dr. Harris' cross-examination are here and ready. ADA Dafna Yoran has come into the courtroom; still no Daniel Penny, or judge, much less jury
Update of 10:04 am: Daniel Penny and his lawyers and team come into the courtroom. In the first row of the gallery behind them is a team member, previously law enforcement, who appears to have appeared on Netflix' Get Gotti, about wire tapping the Bergin club