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In SDNY US Slammed Brooklyn State Judge Ash JFK Airport Reservation But Bail Unchanged

By Matthew Russell Lee, Patreon Alamy photos

SDNY COURTHOUSE, Jan 16 – A now suspended Brooklyn Supreme Court judge Sylvia Ash was first brought by US Marshals on October 11 to be presented in SDNY Magistrates Court on charges of obstructing the investigation of fraud at the Municipal Credit Union, where she was a board member.

  Then on November 4 she appeared with her Court Street lawyer Roger Archibald before SDNY Judge Lewis A. Kaplan. Things did not go well, see below.

 On January 16 Ash appeared again before Judge Kaplan, this time with Assistant US Attorney Eli Mark asked Judge Kaplan to make more stringent the conditions of her bail. At issue was a trip Ash had attempted via JFK airport.

 Mark said Ash had made a reservation, that he had the six digit number. Judge Kaplan said that maybe it had been on stand-by, and that in any event while not smart at the time, the trip had not taken place. He denied the application to modify the conditions of bail. Inner City Press will remain on this case.

  Back on November 4 Assistant US Attorney Richenthal argued that since Archibald signed one of the letter cited in the indictment, he might be a witness, and conflicted out as Ash's lawyer. He requested a so-called Curcio hearing.

  Archibald responded that of course Ash could waive the conflict if it caused her hardship. But Richenthal retorted, and Judge Kaplan agreed, that what Archibald said is not the law, at least not in the SDNY.

  Next Archibald got played on the exclusion of time. First he requested a delay in trial from May 2020 to September - then he opposed any exclusion of time under the Speedy Trial Act.

 Judge Kaplan pounced, saying Fine then, we'll start the trial in January. He said archly that he'd never seen Archibald in his 25 years on the bench. The AUSAs including Eli Mark played into it, making of the SDNY a sort of elite club, far removed from the world of Court Street, Brooklyn corruption. But is it? We'll continue to follow these cases - watch this site.

  Back on October 11 after a proceeding replete with State versus Federal court and Brooklyn versus Manhattan cultural clashes, Sylvia Ash was freed on $500,000 bond with a GPS location monitoring bracelet.

  Her Court Street lawyer Roger Archibald told reporters that she must be presumed innocent, then went back into the SDNY Magistrates Court to work on the logistics of his client's release.

  The release had not been sure. Assistant US Attorney Eli Mark complained that Ash's lawyer Archibald had inaccurately told prosecutors that Ash was on her way to Africa. Then that Archibald, when he learned Ash was instead on the way to Miami, had not updated or corrected the false information.

 Archibald for his part said Ash she be released without condition, given what he called her "pedigree." SDNY Magistrate Judge Ona T. Wang quoted this back in her decision, saying that accepting that logic would mean unconditional release for any defendant with a degree.

  When Judge Wang asked Archibold to make his arguments under the applicable Federal statute under the Bail Reform Act, Archibald said he did not have a copy. Later he asked for the preliminary hearing on October 21, when the government has at least 21 days for defendants who are bailed.

   It was state versus Federal, Brooklyn versus Manhattan....


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