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After SDNY Defendant King Couldn't Answer Now For Sentencing Aug 4 Queens Hotel Room

By Matthew Russell Lee, Exclusive, Patreon
Honduras - The Source - The Root - etc

SDNY COURTHOUSE, August 3 – A man was pleading guilty to felony gun possession and use on November 15, 2019 before U.S. District Court for the Southern District of New York Judge Andrew L. Carter.

   But as Inner City Press reported, the defendant Bob King could not answer the questions, about whether he had discussed his possible sentence with his lawyer coming to plead guilty, if he understood about the probation report, nothing.   

First Judge Carter took a break. But when he came back in, things were not better. He gave King and his lawyer until 3 pm to confer in the interview cells in 40 Foley Square.

  At 3 pm Inner City Press after publishing the above and broadcasting a Periscope from outside the courthouse went back to Judge Carter's (and Judge Engelmeyer's) 13th floor. There, King was was by the elevators in shackled, just leaving. Judge Carter's door was locked. Apparently the guilty plea was again, appropriately, not taken.

  A full week later, the "note" of the first postponement was belatedly placed in the docket on November 22: "Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Sentencing held on 11/15/2019 for Bob King (1) Count 1. Defendant Bob King appears with attorney Tommy Vu. AUSA Andrew Rohrbach for the Government. Case will be second called today. Defendant remain in custody. "

  On December 14 Judge Carter again heard the case. King does not remember the events. His lawyer offered an Alford plea, or no lo contendere. The AUSA said DOJ would oppose that plea, and asked for time to brief it. The US Attorney's Office also opposed a bench trial.

  So Judge Carter set a jury trial, for May 24.

On February 4, King's lawyer wrote in and asked for a March or April bench trial. But Judge Carter wrote, "DENIED."

 On April 20, 2021, after King's lawyer issued notice that he intends to introduce expert evidence related to mental condition at trial, the US Attorney's Office has complained and asked for an extension of the trial.

 On April 21, King's lawyer filed notes from the "call with Dr Jenkins, April 13," including Wirshba, Rohrbach and Mandel (paralegal), including that Dr Jenkins "has not reviewed the file in a while but she diagnosed him with malingering... re defense that King's memory issues would have prevented him from recalling that he was a felony" [sic]. The US Attorney's Office replied again asking for delay of the May 3 trial.

The US has gotten a superseding indicment, and on April 30 wrote to Judge Carter that the Office "does not consent to a bench trial" and has "submitted to the Court a protective order and a request for unsealing of Bronx County grand jury materials."

On May 6, it was signed: "ORDER as to Bob King: Upon the annexed Affirmation and Application of the United States Attorney for the Southern District of New York, by Assistant United States Attorney ANDREW A. ROHRBACH, pursuant to the All Writs Act, Title 28, United States Code, Section 1651, requesting that an Order be issued unsealing the below-referenced records maintained by the Office of the District Attorney for Bronx County, IT IS HEREBY ORDERED that all records of the Office of the District Attorney for Bronx County relating to any investigation, arrest, or prosecution of BOB KING (DOB 02/10/1966), including any grand jury testimony, be unsealed to permit the United States Attorneys Office to review the contents of the records.

On May 25, Bob King was arraigned on and pleaded not guilty to an S1 indictment. His lawyer said at his last court appearance he had fallen down and been injured. Despite being promised medical treatment, he was not given any, his lawyer said.

On May 28, the lawyer followed up and said King has still not received treatment, including for a wound to his elbow. He  requested a medical order. 

On June 10, King's lawyer wrote in again, saying "almost seven weeks after the incident, [King] reported to us that he has still not received medical care and continues to suffer. I respectfully request that the Court enter an order requiring MDC to immediately provide Mr. King with appropriate medical treatment."

And in mid July, a jury decision and sentencing: "Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Jury Trial as to Bob King held on 7/14/2021. AUSA Kyle Wirshba, AUSA Andrew Rohrbach and AUSA Christopher Clore for the Government. Defendant Bob King appears with attorneys, Victor Hou, Olivia Everton, Victoriya Levina and Benjamin Bright. Jury reaches a verdict. Jury discharged. Sentencing set for 8/4/21 at 3:30 p.m. PSR expedited. Defendant remains in custody." 

On July 20, this: "ORDER FOR THE SUBMISSION OF A RELEASE PLAN as to Bob King. Due to the amount of time Mr. King has served in custody, defense counsel has indicated that he may be asking for time served at sentencing. Mr. King's mental health issues and financial hardships have been discussed throughout this case. If defense counsel still intends to ask for time served, he should submit a release plan for Mr. King by August 2, 2021. (Signed by Judge Andrew L. Carter, Jr on 7/20/2021)."

Now the release plan has been filed from Exodus Transitional Community, offering a hotel room at Wyndham Gardens, 61-27 186th Street, Fresh Meadows, NY. "Exoduse has been operating reentry hotels for NYC under contract with the Mayor's Office for Criminal Justice to house individuals who are being released from incarceration during the COVID19 pandemic."

 Inner City Press will continue on this case. It is US v. King, 18-cr-308 (Carter).


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