| Amid Coronavirus Bronx
Alleged Murderer Denied Bail For Fourth Time
By Judge Rakoff
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
March 26 -- For the September
2018 murder of Christopher
Pierce, defendant Jonathan
Colon was presented and
detailed on consent by U.S.
District Court for the
Southern District of New York
Magistrate Judge Sarah L. Cave
on March 24.
Inner City
Press was the only media
present when the capital
review process was cited, then
four other co-defendants were
presented, see below.
On March 25
Assistant
US Attorney
Allison
Nichols wrote to
Part 1 Judge
Jed S. Rakoff
opposing lead
defendant
Julio Ozuna's
fourth attempt
to be released
on bail, all
filed by his
well resourced
Criminal
Justice Act
counsel at
Milbank.
This counsel
argued for an
hour by telephone
with AUSA
Nichols before
Judge Rakoff, the
access number
to which was
graciously
provided, a
practice we
hope will
continue for
other Part 1
appeals
proceedings
if by phone.
It is
appreciated, in these
extraordinary
times.
Judge Rakoff
expounded his
position that
the
Coronavirus
crisis militates for
release on risk
of flight
grounds, but
that the danger to
the community
prong has
change in the
other
direction, with
police ranks
also diminished.
He inquired
into the
evidence, and
a previous
decision of
his on felony
murder. At the
end he did not
release Ozuna,
but said that
if conditions
change in the
MCC the next Part 1
judge might view
things
differently.
As Inner City
Press reported
on this week,
Judge Rakoff
in his own
cases released
one defendant
awaiting
sentencing
while
remanding
another
awaiting trial
for selling
guns (in full
disclosure,
Inner City
Press also on
March 25 asked
Judge Rakoff
to refer, as
Part 1 judge,
its ouster
from the
Magistrates
Court on the
motion of the
US Attorney's
Office, here.)
Inner City
Press intends
to cover this
and other Part
1 appeals;
watch this
site.
On March 24,
several of Ozuna's
co-defendants were released on
bail, one after an
unsuccessful appeal by AUSA
Nichols to SDNY Chief Judge
Colleen McMahon.
Khalil Suggs had his parents
in the courtroom when Judge
Cave ordered him released.
AUSA Nichols
asked for and received a stay,
and went to the other side of
the SDNY's 24th floor to
appeal. But Chief Judge
McMahon said Magistrate Judge
Cave had it right, and allowed
for the release.
Moments
later co-defendant Erick
Oleago was represented before
Judge Cave by Sabrina Shroff,
who announced that a case of
Coronavirus had been
identified in the MCC jail and
11 North locked down.
When Judge Cave
ordered Oleago released, the
AUSA did not mention any
appeal. The case is US v.
Ozuna, et al., 20-cr-213
(Vyskocil / Cave).
***
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