OK - now at #Honduras former president JOH's Curcio hearing. US filing for this says Rosenthals bribed JOH. Inner City Press will live tweet, thread below
The US Attorney's Office reached out in October 2022 about unsealing the docket of CW-1.
Did the unsealing ever happen? If so, why still no name?
Now a whispered sidebar discussion, obscured by loud white noise.
JOH is speaking in Spanish, uses word "cross-examinar." Calls the two cooperating witnesses "estas personas."
Conflict of interest is waived, Judge Castel rules. Defense lawyer Colon wants the names of the cooperating witnesses. Judge says he'll get 3500 material later.
Story soon.
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OK - now a conference in US v ex-Rep Steve Buyer. Judge Berman says, "This rolling process is not acceptable. No more motions in limine?" Inner City Press is covering the case innercitypress.com/sdny9mnpitmobi… and will live tweet, threadette below
Buyer's counsel from Orrick replies that he just wants to make sure he can object to evidence at trial.
Judge Berman: Are you seriously asking that?
A: I just, uh...
Judge: I assume you know. Now the trial is moved back a week to Feb 28
Buyer's counsel: Can we store defense stuff in the courtroom or nearby?
Judge Berman: You may have to take care of that yourself. No printers or copiers in the courtroom. But we'll talk about it.
Buyer's counsel: We get it. We can deal with the new trial date.
OK - Day 3 of death penalty phase in US v. Saipov with wife of deceased Hernan Ferruchi, Vera Dargoltz, on the witness stand. Inner City Press is covering the case innercitypress.com/sdnysquib2saip… & will live tweet, thread below
Assistant US Attorney: How did you hear about the incident in New York?
Ms. Dargoltz: My father in law called and asked if I'd heard from Hernan. I asked, Why? He said, No, nothing. Then he said, there had been an attack, in Manhattan.
Ms. Dargoltz: So I turned on the TV, and saw the bikes, and I called the consulate. They said they had no news about Hernan. But then...
OK - Day 2 of death penalty phase in US v. Saipov with friend of 1 of 8 deceased victims on the witness stand. Inner City Press is covering the case innercitypress.com/sdnyverdict6sa…
& will live tweet, thread below
Jury entering!
Judge Broderick: Good morning. We will continue with Mr. Benvenuto on the stand.
AUSA: What impact has Hernan's death had on you?
Benvenuto: It is hard to express. It is a pain that will mark me the rest of my life.
Now the prosecutors put into evidence a photo of a tattoo the witness got, about deceased Hernan.
Thread will continue
OK- in crypto case of CFTC v Gemini, discovery demand by Gemini on whether its (false) statements to CFTC were material. US v Nedder cited. Inner City Press will live tweet, thread below
CFTC counsel: There were statements both written and oral by Gemini.
Judge: I may also discovery on the oral statements, if they say they were influenced.
CFTC: It's hard to parse.
Judge: No it's not.
Gemini's lawyer: They have to produce evidence. Materiality is a mixed question of law and fact-
Judge: The Supreme Court has said that, yes. But I'm not sure of the application.
CFTC cites US v Gaudin 515 US 506.
OK - Death penalty phase in US v. Saipov begins; Judge Broderick tells counsel of Juror 531 being rude, says there is a sealed order. If he's being excused, why sealed? Inner City Press is covering the case innercitypress.com/sdnyverdict5sa… & will live tweet, thread below
Judge Broderick: I find that Mr. Mohammed [Super-max inmate Khalfan Khamis Mohamed] is not unavailable, so he should be subject to cross-examination, and be transported here.
[After argument]
Judge Broderick: I will allow Mr. Mohamed to testify to CC-TV. But I do not want the government to be prejudiced. The parties should confer about the scope of the testimony. Will he testify about his experience as an inmate there?
Defense: Yes.
AUSA: Mr. McGonigal has a separate case in DC. And we want a CIPA hearing.
Former EDNY US Attorney representing McGonigal: Everything is proceeding.
Co-defendant's counsel (who also represents Andrew Cuomo in #MeToo cases) We don't have any discovery yet.
Sergey Shestakov's lawyer objects to DOJ's press releases linking him to Russia. "On January 21 at noon - a Saturday - usually arrests are at 6 am, but this was at noon, 10 FBI agents show up and arrest him and keep him in the system over the weekend. They knew it