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Amid Coronavirus MCC Told Judge Torres 45 Minute Weekly Call Too Much Now She Agrees

By Matthew Russell Lee, Exclusive, Patreon
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SDNY COURTHOUSE, April 28 – Amid the Coronavirus pandemic, the warden of the NYC Metropolitan Correctional Center on April 16 asked a judge to vacate an order granting defendant Shalik Jenkins a weekly 45-minute legal call with his counsel. And on April 28 the judge agreed, below.

  The MCC, which switched wardens after the death of Jeffrey Epstein and then locked-down to find a gun, says it receives 20 to 40 requests a day for legal phone calls. Most, it seems are not granted. Inner City Press has reported exclusively, like this, on moves to establish a video link from the Attorneys Lounge at the largely empty courthouse at 500 Pearl Street.

  On April 16 MCC Warden M. Licon-Vitale wrote to U.S. District Court for the Southern District of New York Judge Analisa Torres, photo tweeted here:

"Re: United States v. Shalik Jenkins, 20 CR. 78 (AT) Reg. No. 87793-054

Dear Judge Torres:

I write respectfully to ask the Court to vacate or modify its Order regarding inmate Shalik Jenkins, Federal Register No. 87793-054, a federal inmate currently detained at the Metropolitan Correctional Center in Manhattan, New York ("MCC NY"). Specifically, this Court directed the Bureau of Prisons to provide inmate Jenkins with a weekly 45-minute legal call with his counsel. In accordance with the Court's order, please be advised of the following.

MCC New York is currently receiving approximately 20-40 requests per day for legal phone calls. In light of the unique challenges presented by the ongoing pandemic, MCC NY, in conjunction with Chief Judges McMahon and Mauskopf, the United States Attorneys' Offices for the Eastern and Southern Districts of New York, and other outside stakeholders, have developed protocols for attorney calls, and teleconference and/or videoconference hearings.

In accordance with the protocols, MCC NY has established dedicated hours to allow court appearances and attorney/client calls. The weekly schedule is determined in advance based on requests. MCC staff are working to provide all inmates fair and equitable access to their counsel.

 The BOP continues to be ready and willing to work with defense counsel to discuss issues regarding clients. However, this Order requires MCC NY to put the needs of one inmate above and beyond the needs of the remaining 700 inmates here at the MCC, when protocols have already been put in place with the Courts' consideration and guidance to address legal communication concerns. Accordingly, MCC NY respectfully requests that Your Honor vacate this Order. Respectfully submitted, M. Licon-Vitale, Warden."

 And on April 28, this: "ORDER as to Shalik Jenkins. Accordingly, the portion of the Courts April 14, 2020 order that directs the Bureau of Prisons and MCC to provide Defendant a weekly, 45-minute legal phone call with his counsel, ECF No. 100 at 2, is VACATED. By May 11, 2020, Defendant shall file a status letter regarding the progress of scheduling a legal phone call. (Signed by Judge Analisa Torres on 4/28/20)(jw)." Inner City Press will continue to cover this case,  US v. Jenkins, 20-cr-78 (Torres). Watch this site.

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