| James Kelly Ordered Released
From MCC After Hearing By SDNY Judge Berman
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
April 8 – In December 2018
James Kelly allegedly sold
small amounts of crack to an
undercover police officer on
Southern Boulevard, Marmion
and Prospect Avenues in The
Bronx.
Since his
arrest he has been in the
Metropolitan Correctional
Center, now amid the
Coronavirus
pandemic.
Inner City
Press' inquiry found that
Kelly would in all likelihood
already be out of custody, and
the risks that it presents, if
he had pleaded guilty. But he
did not plead guilty. Soon he
had a falling out with not one
but two Criminal Justice Act
appointed lawyers.
On
April 8, Assistant US Attorney
Christopher Clore said that
his office is still exploring
how to "resolve" the case,
even after Attorney General
William Barr's instruction to
depopulate the federal prisons
to the degree possible during
the pandemic.
U.S.
District Court for the
Southern District of New York
Judge Richard M. Berman asked
Clore if perhaps he should
check in with US Attorney
Geoffrey Berman.
Clore said that
would not be necessary, he
would be speaking with his
supervisor later on April
8. And, later on April
8, this order: "ORDER as to
James Kelly: Based upon the
record herein, including
without limitation the
teleconference conducted today
(see Transcript 4/8/20) among
counsel, the Court orders and
directs as follows: 1-
Defendant James Kelly (19 cr
426) should be released
forthwith (but no later than
April 9, 2020) on his own
recognizance from MCC; 2-
Defendant to reside with Ms.
Rose Lee at, New York City ;
3- Defense Counsel to arrange
for someone (Ms. Lee or
another responsible adult) to
meet Mr. Kelly upon his
release from MCC and accompany
him; 4- All parties, including
Mr. Kelly, to participate in
teleconference as scheduled at
today's conference. (Signed by
Judge Richard M. Berman on
4/8/2020)."
A follow up
conference has been scheduled
for next week. Judge Berman to
his credit urged that this
situation be resolved as
quickly as possible, going so
far as to appoint a stand-by
counsel and to say to leave
the logistics of the CorrLinks
email system for later.
Where a
particular address in the 800s
of 80th Street is, and how it
relates to Robert Moses'
Lincoln Center, were also
questions left for another
day. The case is US v. Kelly,
19-cr-426 (Berman).
***
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