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As Evan Pena Is Detained Without Presentment More Than 24 Hours SDNY Judge Asks Why

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, Jan 3 – Evan Pena was arrested on narcotics charges at 4:15 pm on January 29. But it was more than 24 hours later when he was presented before U.S. District Court from the Southern District of New York Magistrate Judge James L. Cott - whose first question was about the delay. 

  Assistant US Attorney Daniel Nissem apologized, saying he had been occupied at a change of plea proceeding before SDNY District Judge Sidney H. Stein. (Inner City Press was there, too, see story here.)  

 Judge Cott asked why AUSA Fiddleman had not taken his place. Nessim replied that he had been the one who worked on the complaint and again apologized. There was another AUSA involved, being trained in first week, who we'll leave unnamed here.  

 After the interchange, Pena was detained on consent without prejudice; his case is either sealed or not yet entered into PACER. It is US v. Pena, 20-mj-1111 (Cott).


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