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Imprisoned Horge Told SDNY Judge Swain He Is Being Used and Wants Severed Speedy Trial

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Sept 10 – Defendant Ernest Horge back on February 27 said in open court that it is unfair he is in the same case as a man now set to be charged with capital murder, Sidney Scales.

  Horge's court appointed lawyer Matthew D. Myers said he might soon make a motion for severance of the cased, but he has a trial on the other side of the country first.

  Months later on May 28 amid the COVID-19 pandemic, Horge and Myers and others appeared virtual before Judge Laura Taylor Swain. Inner City Press again covered it.

   Scales will not, in fact, face the death penalty. Horge said he needs the chance to communicate with him, to avoid misunderstandings. CJA lawyer Myers spokes vaguely about family member contacts and of his talks with the U.S. Attorney's Office about a pre-trial disposition. Horge spoke for himself, as before, and asked for release on medical grounds. It was not granted. The next telephone conference was set for July.

 On July 20 Inner City Press covered Judge Swain's proceeding in the case, on Scales. It emerged that Horge's son has written to the Judge, stating "My father was a good man, he always support the family, he provided food and clothes for me and my brother. I wanna to ask, How long do my father Ernest horge has to do time for press respond back, I'm really worry about him and I miss him so much."

   Judge Swain's chambers wrote back that the Judge "is not in a position to respond to your question."

 On September 10, in another proceeding in the case(s) that Inner City Press covered, Horge again spoke to Judge Swain, saying he is being used against "the big elephant," presumably meaning Scales.
  The Assistant US Attorney, on the other hand, said that the witnesses against Scales on the murder charge, and Horge for what the AUSA called his role, would be largely the same, so the US will oppose severing the trials.

  Then when Horge opposed excluding time under the Speedy Trial Act, the US opposed that as well. Horge said happy birthday to his son who had turned two years old, and who he hasn't seen since the boy was five months old. He thanked the government, with sarcasm. Inner City Press will continue to follow this case.

 Back in February in an in-person proceeding in the gallery where Inner City Press was the only media were family members of both defendants, including a small child running around with a pacifer.

Previous Horge and Myers described non-functional computers to review discovery in the MCC, requiring him to print out nine inches of documents from a hard drive the US Attorney's Office provided him.

   U.S. District Court for the Southern District of New York Judge Laura Taylor Swain, who has also received handwritten letters from Horge's family members and filed them in the docket after redacting children's names, patiently asked Horge about his medication. On February 27 she urged him to speak less.

   But Horge had more to say. He insisted that the gun was found in someone else's room, in someone else's apartment.

     He said the prosecutors, here represented by AUSA Frank Balsamello, were just "using 924(c) as a bargaining tool." He said everybody loves him, he has a great sense of humor. He rhymed Prosecutors lying and kids crying, and called the whole situation a "Star Spangled Banner blueprint for genocide."

  That said, the case will continue, with a conference on February 27 - the one Inner City Press attended. Now there's a delay for capital case review in DC. The case is US v. Horge, 19-cr-96 (Swain). 


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