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Horge Asked SDNY For Severance From Scales  As Trial Looms Evaluation Delayed 15 Days

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

SDNY COURTHOUSE, March 24 – 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 virtually before U.S. District Court for the Southern District of New York Judge Laura Taylor Swain. Inner City Press again covered it, below.

On November 11, Veterans Day, the US Attorney's Office announced a superseding indictment that formally charges Scales with murder, and keeps Horge linked to him: "In the Superseding Indictment, SCALES is charged with causing another person to shoot at rival drug dealers on June 9, 2017, in the vicinity of 1135 East Tremont Avenue in the Bronx, New York, causing the death of Joshua Lopez.  SCALES and HORGE are also charged in the Superseding Indictment with engaging in multiple specific drug sales between November 2018 and February 2019, in addition to the narcotics conspiracy charged in the initial indictment." The case was reassigned to Judge Jed S. Rakoff, the docket said.

 On March 17, Judge Rakoff held a 4 pm proceeding, after presiding for the whole day over the Eaze trial, in the same large courtroom. Scales was present, but Horge was not. He was unceremoniously moved out, for evaluation. Some of those close to him have reached out with questions.

 So, this update, docketed on March 24: "ENDORSED LETTER as to (19-Cr-96-2) Ernest Horge addressed to Judge Jed S. Rakoff from David Paul, Warden, dated March 15, 2021 re: Due to modified operations arising from health precautions for institution staff and the inmate population, we are respectfully requesting an extension which would allow us an additional 15 days to complete the evaluation. Under such a time frame, the evaluation would be completed by April 8, 2021, and a report would be available the Court by May 6, 2021. ENDORSEMENT: SO ORDERED."

  There has been, from the beginning of this case, some lack of transparency. But what will Judge Rakoff's recent order that the US Attorney's Office should make trial exhibits available publicly by midnight of the trial day they are introduced, that may change.


Previously 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."

The case is US v. Horge, 19-cr-96 (Rakoff). 

***

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