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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Judge: Before the defense closing, what about the laptop of exhibits?
AUSA: We are both still working on it. There are a lot of exhibits.
Judge: Why don't we not give the laptop to the jury until Monday? Today we have the defense, the rebuttal, and my charge
Judge: So, deliberations will start Monday. I sent the parties my charge and the verdict form
[Neither is yet in the docket]
Combs' Geragos: May I confer with Mr. Agnifilo?
Judge: Of course
This charge conference was supposed to be at noon, then moved to 2 pm, not still not begun as of 2:20 pm. Sean Combs is sitting at the defense table. Next to him, his lawyer Xavier Donaldson speaks to Judge's courtroom deputy. There's talk of more delay
OK - 3:07 pm - they start up
Judge: Sorry for the delays, but there was a full on Constitutional challenge patreon.com/posts/diddy-do…
[Before jury in]
Combs' Estavao: As we submitted overnight, we think it's relevant, Cassie's sexts to Combs about what she wanted to do
AUSA Johnson: These were acts with Mr. Combs, in his office, they are simply not relevant
Judge: US objection is sustained
Judge: Here, Mr. Combs is inquiring into what Ms. Ventura was going to do, and she replied, Be your little freak.
AUSA Johnson: Ms. Ventura is asking Mr. Combs for an explicit photo of himself. So it is about her boyfriend
Judge: Here, I overrule the objection
Combs' Shapiro: Our draft verdict form is based off the Archegos case, US v. Bill Hwang, and the Ray case [Inner City Press covered both, book: amazon.com/gp/product/B09…
[Combs' proposed verdict form here: patreon.com/posts/diddy-do…
AUSA: Our longer verdict sheet is required due to the special sentencing factors [its questions including NY and California law, Judge will ultimately decide, US proposed verdict form here patreon.com/posts/diddy-do…
[Before jury in]
AUSA: Your Honor, may I place a binder of documents on the witness stand?
Judge: Yes... All rise!
[Jurors entering]
Judge: The Government may call its next witness.
AUSA: First Ms. Geragos and I will introduce some exhibits.
Combs' Geragos: All under seal except one
Judge: Admitted.
AUSA Smyser: The Government calls Brendan Paul
Judge: I don't see how we can proceed today.
AUSA: It is a more than one day thing?
Judge: Sounds like a one time thing. Mr. Agnifilo?
Combs' Agnifilo: Could we have a sealed sidebar so I can ask questions?
AUSA: Fine, sealed