OK - now at arraignment of Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler and Ben Werczberger, indicted in @sdnylive On Fraud Charges Inner CIty Press is covering the case with will live tweet, thread below patreon.com/posts/77413431
Five defendants, five lawyers: gallery full of supporters.
All rise!
One of the lawyers is not yet admitted pro hac vice, needs Florida certificate. She's still in the gallery. Now moving into well. It's arraignment time.
Martin Handler is first, pleads not guilty. So say they all.
Soon, on to search and seizure of their phones. First, AUSA Wolf describes the arrests, on 7 count, fraud with 3 companies, fake day care program, secret ownership, theft from a #Bronx program.
Judge: Let's turn to the 41(g) motion, about the phones. Why didn't you seek a search warrant in the past week?
AUSA Wolf: Our search warrant application is ex parte. We contacted Chambers. Some Magistrates take them by email, some only if walked over as hard copy
AUSA Wolf: Judge Moses requires the affiant to show up in person. It was ready, but then the order.
Judge: We will clear the path today.
Mazurek: They had to show probable cause.
Judge: They are applying. [Cites Robinson]
Judge: I'd like defendants'reply tomorrow -by 10 am. [See 3d Circuit judge's proposal for 5 pm deadlines - is a 10 am essentially the same as midnight?]
AUSA: We are digitizing seized documents. And we're hoping for search warrants, then to crack the phones.
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OK- now US v. Francis Shane in @sdnylive Magistrates Court, charges with Christmas and Boxing Day armed robberies. Bail fight coming. Inner City Press is the only civilian here and will live tweet, threadette below
AUSA: Guns were used, a shotgun was brandished. The store clerks were beaten. He wore a limited edition luxury jacket.
Judge: Distictive but not bespoke, right?
AUSA: Yes. Previous convictions for guns and parole violations.
Judge: Any substance abuse?
Federal Defender: Release him with bond signed to [individuals named, unlike for Sam Bankman-Fried] Defendant was at most present at two robberies. The video still are blurry. The jacket, you could find it on Canal Street, a knockoff. So his cell phone pinged
OK - now in case of Assange visitors against Pompeo & others, a proceeding @sdnylive. Inner City Press is covering the case innercitypress.com/sdny224gkoeltl… and will live tweet, thread below
Judge: The defendants want to make a motion to dismiss, the plaintiffs say the motion would be without merit. The one issues raised in the correspondence is whether the claim against the CIA does not seek damages only injunctive relief. Mr. Barnea?
SDNY Assistant US Attorney Jean-David Barnea, for Pompeo: There is no injunctive relief available under Bivens.
Plaintiffs' counsel: The allegations are that the CIA and Pompeo copies everyone's phone and laptop who visited Julian Assange
OK: now sex cultist of Sarah Lawrence college Larry Ray is about to be sentenced. Inner City Press covered the trial, the John List (of Claudia Drury) and wrote a booklet about it and will live tweet, thread below amazon.com/gp/product/B09…
Judge Liman: Larry Ray was arrested for securities fraud, and violated terms of probation and supervised release. In 2010 he pled to interference with custody. The guidelines are 360 months to life. No departure is available. Are there victims who wish to be heard?
Assistant US Attorney: Santos Rosario, Mr. Daniel Levin, and Claudia Drury's attorney. We'll start with her.
Drury's friend and attorney, formerly of Simpson Thacher: Claudia did not attend because she wants to move on. But she wrote this:
OK- now at PBA (expected to be) change of plea proceeding of Ed Mullins. Inner City Press has covered case from Day 1 innercitypress.com/sdny188bkoeltl… and will live tweet, thread below
Judge: I have before me a plea agreement signed Jan 18.
[How many months? It will emerge]
Mullins: I'm 61, with a graduate degree. No alcohol in last 24 hours.
Judge: Do you wish to plead guilty to Count 1 of the Information?
Mullins: Yes.
Judge: The Sergeants Benevolent Association was defrauded by you, the Information charges, from at least 2017 to Oct 2021, over $1 million. Do you understand?
Mullins: Yes
OK - now Avenatti appeal in 2d Circuit. His (publicly paid) Federal Defender Daniel Habib is arguing for him. Inner City Press covered the Nike and Stormy Daniels trials - this appeal is about Nike - and will live tweet the argument, thread below
Judge Raggi: The government is pointing us to the fact that Nike could have not hired Avenatti and still paid him. How could the jury not find that extortionate?
Avenatti's lawyer: It would have been Nike's decision-
Judge Raggi: But it was not a good faith offer
Avenatti's lawyer: Mr. Franklin would have gotten $1.5 million. And Mr. Avenatti could have brought the other employees' conduct to the attention of Nike.
Judge Raggi: What about "pay me double"?
Avenatti's lawyer: Garagos was initially named in the complaint
OK - now in death penalty trial of US v. Saipov, arguments about US' "truck speed" expert before jurors are brought in. Federal Defenders want to voir dire him. Inner City Press is covering the case and will live tweet, thread below
Now Saipov is brought in.
Judge Broderick: Mr. Saipov, do you intend to testify?
Saipov: No.
Judge Broderick: You can change your mind at any time, until your lawyers rest your case. Bring in the jury.
Footnote: It's possible Saipov said No, not at this time
Jury entering!
The expert worked at the Rochester Police Department, Special Accident Investigations Unit. His name is Jon Northrup.
AUSA Li: When's the last time you test crashed a car?
Recently. Expert.