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SDNY Judge Koeltl Orders White Noise To Evade Press Coverage Of Cooperator Lozano

By Matthew Russell Lee, Exclusive, Patreon

SDNY COURTHOUSE, Sept 26 – There was an evidentiary hearing with a government cooperator on the witness stand but which got sealed soon after Inner City Press to cover it walked into the U.S. District Court for the Southern District of New York courtroom of District Judge John G. Koeltl on September 26.

  On the witness stand was Jimmy Lozano, who previously pled guilty to Hobbs Act armed robbery in the South Bronx in 2003 and now, after an arrest in Vermont for Oxycodone, faces deportation.

  Apparently to avoid deportation Lozano has become a cooperator. But Judge Koeltl who previous ordered Inner City Press to leave his courtroom during another cooperators initial presentment this time accomplished the same thing by converting the proceeding into a whispered sidebar and turning up the white noise so Inner City Press couldn't hear.

  When the long whispering was over, Lozano with his attorney Stephanie Carvlin walked past and out. Lozano has on a black Polo shirt and a Cleveland Indians basement cap, soon to be covered over with a motorcycle helmet.

  On PACER Inner City Press found most or some of the case but found for example that Exhibit 16 to the most recently submission says "FILED UNDER SEAL." We'll have more on this. For now, more on Patreon here.

Back on August 7 a criminal presentation with Arabic interpreter was set for 2:45 pm before Judge Koeltl Inner City Press, alerted by its sources, went into the courtroom. Soon Assistant US Attorney Robert B. Sobelman was asking Inner City Press questions.

  At 3:09 pm Judge Koeltl's acting clerk called the case as "United States versus John Doe." The defendant's lawyer, who told the US Marshals not to bring his client out of the holding cell, asked Judge Koetlt for a sidebar. Judge Koeltl, unlike Circuit Judge Richard J. Sullivan on July 26, granted the sidebar. The white noise was turned on.

  After a more than eight minute animated sidebar discussion, with the two lawyers, two clerks, the acting deputy and a court reporter,  Judge Koeltl took the bench and asked Inner City Press to leave. He said there was a compelling need for secrecy, without explaining what it was, and said that the government would provide some update about this need for secrecy -- in sixty days.

   The deputy came and indicted it was time to leave. While doing so, this reporter asked Judge Koeltl, What's the case number?

  After a pause, Judge Koeltl said replied with a number.

  But down at the PACER terminal in SDNY Press Room 480, where Inner City Press earlier on August 7 was belatedly assigned a desk, the response to this quiery was, Cannot find [that] case."

   The defendant, it was said before Inner City Press was ordered out, was arrested the night before. His defense lawyer joked with the deputy about Mad magazine's series, "Spy versus Spy." In the gallery were a half dozen camouflage dressed agents whom Judge Koeltl allowed to stay, along with a representative of pre-trial services. Is the defendant going to be released on bond? Is he - or she - a cooperator? What is the basis for this unannounced total sealing of the courtroom for a criminal presentment? Inner City Press will have more on this.

 Inner City Press will have more on this - see also @InnerCityPress and the new @SDNYLIVE.


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