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SDNY Judge Torres Denies Application for MDC Special Master Chiding Inmates For Not Testifying

By Matthew Russell Lee, Periscope video, II III

NEW YORK CITY, February 5 – When Judge Analisa Torres returned at 7:30 pm from the Brooklyn MDC to her courtroom in the U.S. District Court for the Southern District of New York, those assembled - six journalists, Federal Defenders, two named plaintiffs in tan prison guards - seemed to agree that something would happen, perhaps a ruling for a special master to oversee the MDC.

  Judge Torres asked both Federal Defenders' Dierdre Dionysia von Dornum and the FBI's John Ross to describe that they'd seen on the visit to the MDC with her, which Latitia James also accompanied (though no journalists, despite requests in written and orally in the court). Ms von Dornum said the lights were on and it was warmer, but still no medical treatment and few lawyers' visits. The expectation of a ruling for a special master grew.

  But when Judge Torres issued her ruling, it concerned the failure of the two inmates to take the standard and provide even "a shred of evidence" of their claims, that one would face retaliation and the other needed a transfer on medical groups. When it was offered that the testify now, past 8 pm, Judge Torres denied it, saying it was too late. An affidavit will be provided later but the moment was lost. The request for a special master, Judge Torres said, had been raised, and more appropriately, in the civil litigation in the Eastern District of New York - where, Inner City Press learned from a case participant who said "off the record" a meeting of all judges and the US Attorney took place, trying to solve "the whole situation." There was criticism of Nicole McFarland, of the continuing denial of medical treatment and timely lawyers' visits. But none of these were addressed much less solved on Tuesday night. Inner City Press retrieved its electronics, did a Periscope broadcast (here) and this story, from the stone chess (actually backgammon) table across Worth Street from the SDNY courthouse. We'll be here more.

Upcoming in the SDNY is a just-filed complaint by the Bangladesh Central Bank for the $81 million hacking of its funds, which were then wired through the Federal Reserve Bank of New York, a case that Inner City Press will cover. Times change. Watch this site.

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