| Edwin Alamo With Asthma In
MCC Lost Bail Motion Now No Waiver of
Appearance So May 20
By Matthew
Russell Lee, Patreon
BBC
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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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