| Amid Coronavirus Alleged
Abuser Cites Asthma For Release From MCC So
Judge McMahon Wants A Hearing
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
April 8 – A defendant accused
of sexually abusing an eight
year old girl is seeking
release amid the Coronavirus
pandemic from the Metropolitan
Correctional Center in lower
Manhattan, citing
asthma.
Chief
Judge Colleen McMahon of the
U.S. District Court for the
Southern District of New York
in an April 8 telephone
conference asked Federal
Defender Mark Gombiner for the
medical records of his client,
Antonio Brown (not the
receiver, in either sense).
Gombiner replied that given
the Coronavirus crisis it has
been impossible for him to
obtain the medical records but
that Brown has assured him he
has long been asthmatic and
that it is mentioned in the
non-public Pre-Trial Services
report.
Judge McMahon replied that a
hearing should be held, "in
the courtroom."
Gombiner said that because of
his age and hypertension he
has been told by Federal
Defenders not to come in to
work.
Judge McMahon replied that she
is in the SDNY courthouse
every day, "in a mask and
gloves... the most sterile
environment you can imagine."
Inner City Press can attest to
that, having covered several
of Judge McMahon's recent
hearings in Courtroom 23B, and
presentments and arraignments
by SDNY Magistrate Judges in
Courtroom 24B complete with
Purell and social
distancing."
A
participant offered that "in
the EDNY probation doesn't do
hook-ups." Judge McMahon
replied that the SDNY does,
she discusses it daily with
Mike Fitzpatrick - and Brown
is an SDNY defendant, who just
happens to be supervised in
the EDNY since he has or had
been living in Brooklyn.
Assistant US Attorney Jun
Xiang argued that Brown's
inclusion on the list of
inmates at risk is not
dispositive, as being put on
the list was not an
individualized determination.
Judge McMahon said that
government is going to have to
live with the determination.
Gombiner
said that it is nearly
impossible to prepare a
defense for a child sex crimes
charge over the phone in the
MCC, and that his client
should be temporarily bailed,
on the condition he not speak
to any alleged victims.
Judge McMahon said to expect
an order by the end of the
day. Inner City Press will
continue to cover this and
other cases. This one is US v.
Brown, 15-cr-523 (McMahon).
***
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