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In PPP Fraud Case Apocalypse Bella Intends to Move to Suppress ID Off 6 Photos, US to Reply

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Sept 17 –   In a Paycheck Protection Program fraud prosecution of Apocalypse Bella, Mackenzy Toussaint and others, a defense lawyer is being summoned to New York, seemingly to be fired by the judge.        

   On September 8 U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer held a proceeding. Inner City Press covered it.   

Toussaint's lawyer Bret Martin, who said his Texas office is 15 minutes from where Toussaint lives, had missed the prior proceeding.

 He cited a medical procedure for his daughter, but was asked why he had not contacted the court, or arranged to get the transcript of the proceeding that he missed.  

Eventually he was ordered to come to New York with his client on September 15, in person, and to be prepared to discusses his retainer agreement.

Docketed on September 15 was Martin's mea culpa declaration, including "I clearly provided my Client a disservice at the beginning of this case... We both intend to appear in front of the Honorable Judge Engelmayer to speak more directly regarding the lack of attention and prioritization of these matter and attempting to get this case back on the right track."

On September 15 counsel for Apocalypse Bella informed Judge Engelmayer that Bella intends to move to suppress the identification of June 16, 2021, saying that a witness was shown six photos, for less than three seconds each." The offer is to "backload" these motions to a date closer to trial.

On September 17, Judge Engelmayer ordered: "The Court has received a letter from counsel for defendant Apocalypse Bella, indicating that Mr. Bella intends to move for the suppression of the fruits of an allegedly unlawful identification procedure that occurred on June 16, 2021. Dkt. 50. To assist the Court in determining the manner in which to resolve this motion, the Court directs the Government to submit a letter, due Tuesday, September 21, 2021, briefly setting out the Government's position on the motion, and the evidence that the Government expects would be adduced at a hearing on this motion. (Government Responses due by 9/21/2021) (Signed by Judge Paul A. Engelmayer on 9/17/21)."  Watch this site.

The case is US v. Bella, et al., 21-cr-247 (Engelmayer)


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