OK - in Hermes v. Mason Rothschild on #MetaBirkins, jury mid 2d day of deliberations has sent out a note, If they are unanimous on 1st three counts but can't decide on 1st Amendment, then what? Judge Rakoff: I'll tell them, then you keep deliberating. Thread below
Judge Rakoff, to Mason R's counsel: I think you are over-interpreting the secret deliberations of the jury, based on this note.
Now as Mason Rothschild's three lawyers confer, Judge Rakoff says, I was supposed to have lunch at 1 pm with Judge Rochon, let me go tell her we'll have to re-schedule. #ThisMightTakeAWhile#MetaBirkins
Update: Judge Rakoff held a sentencing, after which he and now the Hermes v. Mason Rothschild lawyers have left. But deliberations continue - it's that, no questions can be answered, nor verdict rendered, today. So, hasta manana. Interim story coming
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OK - now in death penalty case of Saipov, in run up to penalty phase starting Feb 13, now a proceeding including on video depo in Florence Super Max. Inner City Press will live tweet, thread below
Judge Broderick: We have reached all jurors, they can sit Friday. Juror 37, who is Juror 1, has an appointment on Feb 23, so can't start until 11 am. I'll let the jurors know. Juror 531 called chambers and was rude and inappropriate, about sitting on Feb 27.
Judge Broderick: I was going to pick up the phone and speak to Juror 531, who is Juror 13 in the box - but it was not the time. It will be, on Monday. I'm going to speak with him about it.
We'll be there...
OK - now Carroll v. Trump case, a hearing before Judge Kaplan. Inner City Press is covering the case(s) innercitypress.com/sdny10ljeancar… and will live tweet, thread below
Trump's lawyer: I trust you have our letter which was hand delivered to your Chambers yesterday-
Judge Kaplan: I don't. Where was it delivered? Since the pandemic we don't have delivery to Chambers... I've had enough of the personal accusations between the lawyers
Trump's counsel: We didn't come in to delay it. We were just retained 1 week ago-
Judge Kaplan: Is Ms. Habba staying in the case?
Trump's counsel: Yes. But she had difficulty with such an expedited schedule-
Judge Kaplan: US v Microsoft went to trial in 5 months
OK - now in rhino horn trafficking case, at another guilty plea proceeding, for / by Abdi Hussein Ahmed, who's having problems with interpreter headphones. Inner City Press is alone in the courtroom gallery. Threadette below: story later
One of the counts Ahmed is pleading guilty to carries a stated 10 year mandatory minimum. But US Attorney's Office says they'll support a "satety valve" motion for a below "mandatory" sentence in this rhino horn trafficking case.
The US plea deal with Ahmed in wildlife trafficking case, with stated 10 year "mandatory" minimum, is for 57 to 71 month stipulated guideline sentence.
OK - now closing arguments in Hermes v. Mason Rothschild about #MetaBirkins. Inner City Press has been covering the case and trial and will live tweet, thread below
Counsel: Mr. Rothschild made clear in the Discord channel to say he was responsible for #MetaBirkins, anyone could message him. He polled his members what to do next with his art project. Mr. Rothschild when he saw the project misattributed, he reached out
Counsel: Mr. Rothschild could have charged more for the #MetaBirkins. It was an artistic experiment. He wanted to see what kind of value people would ascribe to these two dimensional pictures.
OK - week's last case @SDNYLIVE is US v James Kelly, Hobbs Act armed robbery that may feature bail fight addressing recent appelate decisions. Inner City Press the only civilian here, will live tweet, thread below
Defendant is charged with Hobbs Act robbery and brandishing a firearm.
AUSA: Detention is appropriate on danger to the community grounds.He waved gun in face of bodega clerk on Jan 15, 2023. There's video. It's a presumption case. He has 2 previous gun convictions
AUSA: He armed-robbed two other bodegas but the Bronx DA did not prosecute; victims were scared. There are NYPD records of the dismissals...
Judge: There's no video of the defendant changing clothes after the robbery. Why is home incarceration not enough?
Now Saadah Masoud is before Judge Cote on "multiple [alleged] violations of supervised release." Defense lawyer says he's going to his mosque, wants a full evidentiary hearing. Two Marshals have walked in. Thread below
AUSA: The bodega's hours were irregular. Then no verification of MetroPCS - he told Pre-Trial, Get a subpoena. Then refused to be supervised by "Rothman."
Story coming out later...
AUSA: When police went to arrest him, through a Ring camera he commented on the gender, body size and perceived sexual orientation of the officers.
Defense lawyer: This is about Israel, but about being Jewish.
Judge: Why did he refuse to work with Mr Rothman?