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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All rise!
Judge Subramanian: Let's try to get through these issues efficiently as we have the jurors waiting... We have a letter from a juror that we will make Court Exhibit 1. On the videos, when will they be offered into evidence?
AUSA Johnson: This afternoon
Judge Subramanian: This is about evidence that is coming into the case. The public has a right to know what is happening at trial. I don't see how we would navigate that concern. There's a potential impact on the jurors of signaling some evidence requires sealing
OK - now US v Sean Combs final jury selection, peremptory challenges - Inner City Press is covering the case (book: amazon.com/dp/B0DHP7YF19
and will live tweet, thread below x.com/innercitypress…
All rise!
Judge Subramanian: Anything before peremptory challenges?
Assistant US Attorney: Juror 295 should be excluded based on her email to the jury office, personal safety.
Judge: She's out.
AUSA: And Juror 146 has a lawsuit against the City, undisclosed
Combs' lawyer Agnifilo: OK, but what about Juror 131, who worked at Legal Aid?
Judge: That's different. 146 is out, but 131 is still in. I propose we bring in on Monday the 12, the six alternates - and the three remaining. Or should we do the strikes on Monday?
All rise!
AUSA: We propose to do the peremptory challenges not today but on Friday morning, in case some of the jurors come up with new reasons not to be on the jury before then.
Judge Subramian: Sounds fine.
Combs' Agnifilo: We want the HBO juror, 29, out
Combs' Agnifilo: Teny Geragos of our team was on emails with the production company of the HBO documentary. People were paid -
Judge: Will the documentary come up at trial?
Agnifilo: I believe so.
Judge: AUSA, we didn't ask her about her pay
All rise!
Judge Subramanian: Good morning. Everyone in the room has already filled out a questionnaire about the case. I will be asking you additional questions - some may be about topics difficult to discuss with strangers. Each side has peremptory challenges
Judge: You have received a list of questions. You will be escorted to Courtroom 26B, then brought one by one back here into Courtroom 26A... You will be shown a list of people and places. If you are not selected, thank you for your service. OK, let's begin
All rise!
Judge Subramanian: I have composed a list of prospective jurors who, based in their questionnaire answers, I don't proposed to do individual Q&A with. The list of people and place is so long, I though it was an appendix to Lord of the Rings
[laughter]
Assistant US Attorney: Why don't we have the next juror in line review the binder with court staff, to save that time?
Judge: OK
AUSA: We have given two copies of the binder to your staff.
Judge Subramanian: I assume we'll soon get the thumbs up jurors are ready
All rise!
Judge Subramanian: So we have a slew of motions, we'll go through them, then other issues the parties would like to address. Let's start with summary charts at Docket 203 - have you worked that out to moot it?
AUSA: We'll give drafts early
Comb's lawyer Alexandra Shapiro: We will raise issues about specific charts.
Judge: I agree, I'll need to look at them one by one, on a line item basis. So 203 is denied as moot. Now 205, Doctor Hughes. Granted in part and denied in part. Coercive control is out