| For Jan 6
Pepe Got GPS Monitoring in SDNY But Now
Condition Removed in DDC
By Matthew
Russell Lee, Patreon Song
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURT, Jan
22 – Seven days after in the
US Capitol among other things
Mark Leffingwell stuck a
Capitol Police officer
repeatedly with a closed fist,
he was released to fly back to
his home in Seattle, no GPS
monitor, no bond.
For
Westchester County's William
Pepe, 31, it went the same
way, with release on unsecured
$10,000 bond with no
co-signers on January 13. DOJ
press release
here. Inner City Press
live tweeted it, here
and below.
Now on
January 22, Pepe appeared
before DDC Magistrate Judge G.
Michael Harvey and had his GPS
monitoring condition removed.
Inner City Press again live
tweeted it, here:
Judge Harvey:
Sir, I'm sure you were told in
the jurisdiction of arrest -
and where was that? Pepe:
Southern District of New York.
My attorney John Pierce is
working to get me local
counsel. For today, I'll take
the public defender.
AUSA: Up in the
SDNY, he was allowed to travel
only in SDNY and EDNY. We want
that and GPS monitoring
continued. Judge Harvey: GPS
in the community? AUSA: And
I'm not aware of any curfew.
Now DC Federal
Defender is asking the GPS
monitoring imposed in by SDNY
Magistrate be eliminated from
conditions, consistent with
the other DDC releasees. They
also seem to not understand
how close EDNY and SDNY are to
each other: one subway stop
Judge Harvey: I
don't see why he should have
more restriction than the
others I've released [so,
SDNY's GPS monitoring removed
in the DC case. But will it
remain in place due to SDNY
order? Does that order remain
in place?
Watch
this site.
From January 13: Presiding is SDNY
Magistrate Judge Judith C. McCarthy. "Mister
Pepe, can you hear and see me?" Yes.
AUSA: This is a 5(c)(3) proceeding on a DDC
complaint. Mr. Pepe has been arrested. Judge:
Any ID hearing? Defense lawyer: No, he'll
waive it.
Judge: This is not a trial, Mr. Pepe. This is
an initial proceeding, on the arrest warrant
signed on January 11. William
Joseph Pepe is 31 years old. Some college. No
alcohol in the last 24 hours.
Judge: What's the process on a financial
affidavit? Defense lawyer: He intends to
retain his own counsel. I've spoken to the
firm. They are negotiating an engagement
letter. I ask that I be assigned for
presentment purposes only.
AUSA: Mr. Pepe was arrested yesterday at 1 pm
in White Plains. We have reached a bail
package. A $10,000 unsecured bond, release
today on his own signature. GPS and a curfew
from 10 pm to 6 am.
AUSA: He traveled to DC and went into the
Capitol. He's been suspended from or lost his
job, so curfew would not curtail employment.
We want a stay away order for DC, in light of
upcoming Inauguration, except for in-person
court proceeding.
Judge is so-ordering it.
While Pre-Trial Services suggested that 2
financially responsible people co-sign the
$10,000 bond, Judge McCarthy went with what
the AUSA and defense agreed: no co-signers.
Next proceeding Jan 22 at 1 pm.
Federal Defender says, Press, do no call us,
we have no comment. And I advise Mr. Pepe not
to speak to the press. Not a good idea. Where
is his phone? Pepe: It's in my possession,
with my property. I have it right here. FD:
Fabulous.
Now AUSA says, Get a new phone - we're getting
a warrant.
It's over.
As to
Leffingwell, Inner City Press
covered the case.
U.S. District Court for the
District of Columbia
Magistrate Judge G. Michael
Harvey held the detention, or
really non-detention,
proceeding. Inner City Press
live tweeted it here:
(then, song here)
Now in Federal
Court in DC, hearing of
detained Mark Jefferson
LEFFINGWELL who "attempted to
push past me and other
officers. When he was deterred
from advancing further into
the building, LEFFINGWELL
punched me repeatedly with a
closed fist."
Assistant US
Attorney is *not* asking for
detention . He'll be allowed
to travel back home to
Seattle.
AUSA: We'll
be requesting strict
conditions... A stay-away from
DC... A curfew. Judge:
You say he works. What is it?
Lawyer: A packaging plant
called Panacea in Everett,
Washington. 30 to 40 hours a
week.
From the
complaint: "I was struck in
the helmet that I was wearing
and in the chest. Working with
other officers, I was able to
gain control over LEFFINGWELL,
who attempted to struggle
while being detained. I
transported LEFFINGWELL to US
Capitol Police HQ."
Judge Harvey:
Believe it or not, I have a
lot of these case. Pre-Trial
should find out about GPS in
the Districts where these
folks come from. I released
someone else yesterday.
Defense: GPS is not necessary.
He has 2 children.
Defense: He wants
to go to church on the
weekend. No need to be on a
GPS. We'll take a stay away.
He's never been to DC before.
Mrs. Leffingwell:
I'm an insurance agent. We
have a son, Noah, and
Nicholas. Judge: I am going to
release Mr. Leffingwell.
Judge: You can
turn in your guns to a police
station. You must call
pre-trial once a week and keep
working [at the packaging
plant.] Stay away from DC
except for court. Our
proceedings will be remote,
you probably won't have to
come.
Judge
Harvey: I don't see the point
of putting him on a curfew if
we're not going to do GPS.
Defense: He needs his ID to
fly back to Seattle.
AUSA: We have
nothing.
Defense: He
passed his phone to one of his
friends. I think they have his
license.
AUSA: A third
party? I can look for it.
Which agency.
Defense: He was
brought to 1-D-1, next to the
baseball field, then the cell
block.
Judge Harvey: I
am going to release Mr
Leffingwell. He must stay away
from Washington DC. [That
seems to be the main focus]
Judge Harvey:
You'll have to Zoom in to the
preliminary hearing... We've
got the phone number, no
worries, Mr. Leffingwell.
Song on SoundCloud here.
***
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