OK- now case of West Side Highway van terror driver Saipov, in person in 23B. Judge Broderick rushes in with suitbag, presumably containing judicial robes. So far: innercitypress.com/sdny16saipov11… Thread below
Judge wants pool of 1000 jurors in August. It seems potential for strong feelings is (even) higher thsn in current #Hezbollah trial of Alexei Saab (that jury still deliberating)
Judge Broderick increases his estimate of length of Saipov trial to 3 months. US says from August jury selection, tell them to be available into January, citing "penalty phase."
Federal Defenders says they want to present video testimony from overseas. This case has a big public budget.
Why didn't Federal Defenders represent Alexei Saab?
Judge Broderick muses that the Ghislaine Maxwell trial took off between Chistmas and New Year.
Actually, no: after days off for 2d Circuit confirmation, jury continued past Chistmas to Dec 29. #MaximumMaxwell
How to not let jurors see Saipov's leg chains? Judge says cloth, so no one's feet are visible.
Federal Defender Patton says filed deauthorization (of death penalty for Saipov) request filed with DOJ on Feb 23. No ruling yet.
Federal Defender Patton says he wants a vaccination requirement on Saipov jurors.
Judge Broderick: Even people who are vaccinated contract the virus.
Federal Defender Dallack (standby counsel fir Avenatti) says in MDC Saipov can't get batteries for his radio alarm clock, for prayers. May ask judge to order hand-crank radio. Ramadan provisions now moot.
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OK - now in "We Build the Wall" case of Kolfage (who pleaded guilty innercitypress.com/sdny12ibannonk…), pre-trial conference on Tim Shea. Judge Analisa Torres just said his communication with his wife can be admitted at trial. Inner City Press will live tweet, thread below
Judge Torres: Defense requests that the US not be able to put in evidence of not paying taxes, calling it irrelevant. The US argues not reporting income from We Build the Wall is relevant. I rule that the evidence may be introduced.
Assistant US Attorney: We don't want the jury to hear about his children, or his faith.
Shea's lawyer: We want the jury to know that he lives in Colorado and that's why his family is not in the gallery.
AUSA: We want no reference to Mr. Bannon's pardon.
OK - now in Jan 6 case of Stewart Rhodes (and MEGGS, HARRELSON, WATKINS, MINUTA, HACKETT, MOERSCHEL, CALDWELL & VALLEJO) Rhodes' lawyer says his client was "lost" for month, until April 26. Inner City Press will live tweet, thread below
Rhodes' lawyer says his client's phone was the master phone, wants the whole download because he say there is exculpatory information in chats the US did not include.
Judge Mehta: I've been told that the most people we could have in a trial is six. We could not do a 9 person trial, even in the Ceremonial Courtroom. I am not going to push the Marshal Service too far. So, six is the max. No one is entitled to a trial with others
OK - now in Jan 6 case, sentencing of Aaron Mostofsky. Inner City Press has covered his case innercitypress.com/edny2mostofsky… and will live tweet - US is asking for jail time as deterrent, just cited QAnon Shaman. Thread below
Mostofsky's lawyer: The videos shown by the government are emotionally powerful, we'll stipulate to that. But prosecutors arguments are quite hollow. They say his purpose was to assault democracy. That is false. Mostofsky was like Zelig, a character from the film
Mostofsky's lawyer: My client wears costumes all the time, including the cave man costume at issue. He did not plan to go to the Capitol, only the rally.
Judge Gardephe: The jury is asking for many exhibits (94, 95, 96, 700 series and 700T). Does the government know what these exhibits are?
AUSA: We will prepare them.
[This could take a while]
Judge Gardephe has summoned the jurors into Courtroom 318, says We are going play you the 700 series, and we are distributing 700T [transcript].
OK - now Jan 6 case of Joshua Doolin and others. Even with DOJ now projecting a trial date of August or September, Doolin wants his trial severed so he can go to trial sooner. Inner City Press will live tweet, thread below
Judge Carl J. Nichols: I have other trials. So the fasted I could do a Doolin specific trial would be in June. My best time would be September. That's the only time I could do it this year.
[Now's the "Doolin plus" indictment justice.gov/usao-dc/case-m…
Judge Nichols: The case has been around for a while. But there is a significant amount of discovery. I'm not suggesting there is a Constitutional interest. But the defendants' interests are diverging. So I am going to sever Mr. Doolin and set his trial for Sept 12
Judge Gardephe took the bench after noon and said
Jury wants testimony of Dr. Levitt (we've touched on his podcast) and a projector and to know if they have to agree on the "theory of liability." It would seem they are not close to a verdict at this point
Judge Gardephe has summoned the jurors in and begins by reading back to them their note. His answer(s)
Judge: We are putting the transcripts together. Sorry, we don't have projectors. On theory of liability - yes, you have to be anonymous as at least 1 theory