NO SHOW: Larry Ray was supposed to be brought here to court for his argument that suffocating Claudia Drury was not physical injury, only fear. But it will go forward without him. Threadette below
Apparently, because Larry Ray kept pimping Drury out after strangling her, her "work was not impaired." That's what Federal Defenders are arguing. #JohnListGone
Judge Liman asks, What if a person emailed a photo of a gun in order to menace? And notes he is not bound by the DOJ guidance that Federal Defender cited
Assistant US Attorney says this turns on obstructed airway. And "being suffocated with BDSM collar." Larry Ray's Federal Defenders will be appealing. But he remain in jail - at least for now...
Note: the implications of Federal Defenders argument that suffocation is not physical injury on #ICantBreathe cases and even #GeorgeFloyd are troubling. Story later.
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OK- now in Mag Court @sdnylive, guilty plea of Tatiana Daniel, charged with conspiracy to commit pandemic fraud, including through defrauding the Hotel Room Isolation Program, Selling Fabricated COVID-19 test results, obtaining COVID-19 loans" - it's happening
Courtroom exclusive, 1st reported here: this #COVID19 fraud plea agreement is for a sentencing guideline of 33 to 41 months
Tatiana Daniel's hair is deep purple. At first this morning she said she was NOT prepared to plead guilty. 144 nights of stolen hotel rooms, with co-defendant working in the City's program
OK- now at co defendant Michael Tannuzzo's horse drugging sentencing. Judge disagrees it was non-violent. Two supoorters in gallery hug and sob. Threadette below
Defense lawyer says, Hoyse racing is a dirty business.
Judge: I don't accept that.
Lawyer: I meant, Morally.
Judge: But we're here about the law. Criminality.
Defendant Michael Tannuzzo: I love the horses. They saved my life. I made a mistake, following. I'm sorry.
[Here in gallery: his 2 sisters, his 2 best friends. Nephew too upset to come, he says.]
OK - now US v. Neil Cole of Iconix closing arguments, US hammering away on Southeast Asia-1 deal, Inner City Press is covering the case patreon.com/posts/letter-i… and will live tweet some, thread below
Assistant US Attorney: The evidence tells us, it was six million dollars promised backwards. Ask yourself: would you pay more to someone who had no experience? Ethan Cole wrote it down [As Inner City Press reported Friday on Patreon, Ethan said he'd invoke 5th AM]
Defense closing: Even Seth Horowitz said that even Neil Cole believe you didn't have an agreement if it wasn't in writing. Did the other side sue over these supposed unwritten agreements? No. Remember what Horowitz said: no agreement if not in writing
OK - now in oral argument in NFT trademark case by Hermes, citing alleged infringer's FT and Yahoo interviews. Inner City Press has covered the case innercitypress.com/sdny34agorenst… Threadette below
Hermes lawyer is presentinh his view of 2d Circuit's "Welcome to Twin Peaks" decision. Judge Rakoff says readers of NYT and WSJ sould temper that with the New York Post. Counsel quips, At least for the sports section. #Mushnick
Judge Rakoff: My knowledge of the Metaverse is limited. But how can one wear this bag in the Metaverse? I'll send my next opinion not to the 2d Circuit but to the Metaverse. People are buying NFTs. I hope they are not using crypto currency
OK - in US v. Neil Cole retrial, last attempt to clean up: Cole on re-direct. Inner City Press has been covering the case patreon.com/posts/in-retri… Threadette below
Cole's lawyer: Mr. Cole, do you recognize this as Iconix' 10-K for the year ending 2012?
Cole: Yes.
Cole's lawyer: We offer this into evidence.
AUSA: No objection.
Judge Ramos: Admitted. Proceed.
Cole's lawyer: Have you ever told someone in a business context that you would do something and then not been able to follow through?
Cole: Possibly.
Cole's lawyer: Did you believe it was in Iconix' interest to enter the joint ventures?
Cole: Yes.
OK - now in Giuffre v. Ghislaine Maxwell, a ruling on sealing documents including names is being read out by the judge -- Inner City Press covers the cases(s), including links to United Nations, book here amazon.com/gp/product/B09… and will live tweet, thread below
Judge: The Court has received filings by Does, seeking to keep the information [and they names] sealed. Now that Ms. Maxwell's criminal trial is concluded, she takes no position on the non-party Does...
Judge: Guiffre supports the redaction of Doe 28's name. Just because *some* information has been been in previous court cases does not mean the Does have lost a privacy interest [citing a 2019 Judge Kaplan case]. So in some cases I will preserve sealing