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Edwin Alamo With Asthma In MCC Lost Bail Motion Now No Waiver of Appearance So May 20

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, May 9 – Edwin Alamo, a 25-year old Bronxite with asthma incarcerated in lower Manhattan in the Metropolitan Correctional Center amid the Coronavirus pandemic, had an hour-long bail hearing on April 7 before U.S. District Court for the Southern District of New York Judge Richard M. Berman.

   Alamo could not easily have been before a more sympathetic judge. After one of his relatives described Alamo trying to get treatment for asthma at Einstein Hospital in The Bronx in February 2019, Judge Berman called the whole situation heartbreaking and tragic. 

  But unlike for example cooperator Daniel Hernandez a/k/a Tekashi #6ix9ine, also with asthma, and unlike convicted OneCoin money launderer Mark Scott, Edwin Alamo was not released.

Re: United States v. Edwin Alamo, Jr., 19 Cr. 640 (RMB) Dear Judge Berman: The Government writes to request, with the consent of defense counsel, that the Court issue an order excluding time between May 7, 2020, and May 20, 2020, pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A). On April 7, 2020, a status conference was scheduled for May 7, 2020. On May 3, 2020, defense counsel requested, via email to the Court, that the May 7 conference be adjourned to May 8, 2020, or any day the following week. Defense counsel stated, in the same email that “[w]e consent to the exclusion of time until the adjourned date.” The Court responded vial email adjourning the May 7 conference to May 12, 2020, requesting defense counsel advise if the defendant would be waiving his appearance for the May 12 conference. The Court did not formally issue an order adjourning the May 7 conference or rule on the defense counsel’s consent to the exclusion of time. On May 7, 2020, defense counsel advised the Court that he had not obtained consent from the defendant to waive the defendant’s appearance for the May 12 conference. Consequently, yesterday, May 8, 2020, the Court further adjourned the May 7 conference to May 20, 2020, at 12:00 p.m. to ensure the defendant’s appearance or his knowing waiver of appearance.

 The Government therefore requests the Court issue an order excluding time between May 7, 2020, and May 20, 2020, further to defense counsel’s email request for an adjournment and consent to an exclusion of time on May 3, 2020 (as applied to the time between May 3, 2020, through May 8, 2020), and further to the request contained herein (as applied to May 9, 2020, through May 20, 2020).

   Back on April 7 after Assistant US Attorney Daniel Wolf questioned the relative about the walk-up apartment building in which Alamo would be staying, and his failure to fill his prescription for an asthma pump (the relative said he has not health insurance), the legal standard was not met. 

 Judge Berman found both that Alamo if released would present a danger to the community, and a risk of flight given the amount of time he faces on drug courier and other charges.  Recidivism also, in fairness, was an issue, perhaps the dispostive one.

 His next hearing, at which unlike this one he will perhaps be present, is set for May 7. The case is US v. Alamo, 19-cr-640 (Berman).  


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