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SDNY Judge Berman Recruits CJA Lawyer For Supervisee In Brooklyn Halfway House With Absent Counsel

By Matthew Russell Lee, Previous Thread
The Source - XXL - The Root - Vibe, etc

SDNY COURTHOUSE, Oct 22 –  Allen Montalvo was sentenced on narcotics and Hobbs Act robbery charges to time served but to remain in a halfway house in Brooklyn by U.S. District Court for the Southern District of New York Judge Richard M. Berman, who on October 22 held a status conference, already re-scheduled once from September 19.

   On neither occasion did Montalvo's defense attorney Benjamin Heinrich show up.

   On October 22 Judge Berman decided to proceed anyway, at least partially. He asked Montalvo's Probation Officer from the Eastern District of New York for an update, which was generally positive. Montalvo had once been late to the halfway house, and once exchanged words with staff there, but later made peace.

   Then Judge Berman asked Montalvo to speak for himself if he chose. He did, asking that he have more time to see his family.

    Judge Berman began the process to get the day's Criminal Justice Act attorney on call in the SDNY Magistrates Court involved in Montalvo's case; he asked Assistant US Attorney Maureen Comey to be sure to call the twice absent Benjamin Heinrich.

    A newly rescheduled status conference, with time with the CJA lawyer as well it seems as the reclusive Benjamin Heinrich, was set for November 13. The case is US v. Montalvo, 17-cr-28 (Berman).


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