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In SDNY 2 Train Sexual Abuse Malicious Prosecution Case Rattles After 3 Years

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Sept 30 – Janbaz Khan took the express 2/3 subway from Manhattan's Penn Station to Times Square on January 21, 2016 - and then he got handcuffed and arrested. He was charged with Sexual Abuse in the Third Degree.

 One year later Khan was acquitted after a two bench trial before NYS Judge Melissa Crane. Then he sued the City and arresting officer Timothy Trotter.

  Now on September 30, 2019 in the U.S. District Court for the Southern District of New York courtroom of Judge John G. Koeltl with only Inner City Press in the gallery Khan's lawyer Andrew L. Hoffman pressed his case.

  Hoffman insisted that Khan never pressed himself on the complainant, whom he's identified as "T.G. a 32-year told Long Island native... heroin abuser since the age of 15."

 The City's lawyer Daron R. Ravenborg said, at the time of his answer, that he did not have the transcript of Officer Trotter's criminal trial testimony, and therefore denied paragraphs 36-52 of the complaint.

  For now, it appears that this case about a ride in a crowded subway in January 2016 might go to trial anytime after February 28, 2020, on 48 hours notice...

Previously before Judge Koeltl: it was at a make up counter in Saks Fifth Avenue at 611 First Avenue that Niurka Corona says she was told by her Clarins supervisor Felipe Vaca, "you are a very good looking woman" who should use those attributes.

That was in 2016. Only on September 10, 2019 were the oral arguments on summary judgment heard before Judge Koeltl, with Inner City Press the only media in the courtroom.

  Defendant Clarins' lawyer hammered away that Ms. Corona was not selling the product; he denied that the Clarins' supervisors were against her, mentioning joint travel to a wedding in Colombia. And prior to the argument he put into the docket deposition testimony of Vaca praising other workers as "pullers," whom he recruited from Macy's on 34th Street. It's the Saks way - watch this site.

Previously before Judge Koeltl: a defendant named Winston Ramirez appeared for sentencing on July 24 for stealing / cashing tax refund checks that were not him, to the tune of $213,627.30, before Judge Koeltl.

 The guidelines were for 18 to 24 months. Judge Koeltl went with 14 months and two years of supervised release including the search condition that fellow SDNY Judge Jed Rakoff eschews as possibly unconstitutional.

  At the end there was some different of opinion whether Judge Koeltl had said the same amount each time for restitution and forfeiture - one time, at least, Inner City Press heard $213,629.30 - but that was resolved into the record, with surrender set for September 27 at 2 pm. 

Inner City Press will continue to cover this and other SDNY and 2nd Circuit cases - watch this site.


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