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Public Lewdness Nolo Contendere Consummated Sex Abuse Evaluation Imposed

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

SDNY COURTHOUSE, Sept 18 – A defendant named Justin Rivera, on an alleged public lewdness Violation of Supervised Release, wanted on August 31 to plea "nolo contendere" in Federal Court. 

 U.S. District Court for the Southern District of New York Judge Katherine Polk Failla held a proceeding. Inner City Press covered it.   

Assistant US Attorney Scott Hartman acknowledged difficulties with a nolo contendere plea but said it could be viewed as waiving Rivera's right to a hearing, in order not to prejudice him in his associated state case. 

  Judge Failla asked if she would be able, simply under the 3553a factors, to add a sexual crimes testing condition of release. AUSA Hartman called Judge Failla a careful student of the law.  

That I am, and hope to remain, Judge Failla said. In order not to rush the proceeding, she asked if she might reconvene with the lawyers, then at a later date with Justin Rivera.

 That later date came on September 18. Specification 4, public lewdness, had to be read out twice. The nolo contendere was accepted, and sex abuse evaluation was imposed. We'll have more on this.

The case is US v. Rivera, 15-cr-608 (Failla).


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