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MCC Staff Charged With Sex Abuse Deletes Warrant Material After US Said Flight Risk to Nigeria

By Matthew Russell Lee, Periscope video

SDNY COURTHOUSE, August 29 – When Colin Akparanta was brought in shackles, accused of sexually abusing female prisoners under his control in the Metropolitan Correctional Center prison, into the U.S. District Court for the Southern District of New York's Magistrates Court on May 21, his wife had been waiting for him for hours. So too his for now publicly paid lawyer. After a reading of the charges, Akparanta was offered $200,000 bail but only when others sign on to it. The U.S. Attorney's Office will go to the house he owns in Irvington, New Jersey to pick up his two guns, and then store them in a vault. His lawyer said Yes, he would be engaging in discussions about a pre-trial disposition, meaning a plea.

   Times change. Now in August, before District Judge Lorna G. Schofield, Akpanta's lawyer is arguing for suppression and to strike a filing from the docket - a filing that even before the motion is heard is not available on PACER outside the courthouse. Now on August 29 it is confirmed: that will remain the case: "DELETED DOCUMENT. Deleted document number 23 MEMORANDUM, as to Colin Akparanta. The document was incorrectly filed in this case, as per instructions from Chambers via telephone." And, "MEMO ENDORSEMENT: as to Colin Akparanta (1) granting [24] CONSENT MOTION to Strike Document No. 23. ENDORSEMENT: Application Granted. The Clerk of the Court is directed to strike and remove docket number 23 from the record in this case. The Clerk of the Court is further directed to terminate the letter motion at docket number 24. (Signed by Judge Lorna G. Schofield on 8/29/2019)."

  And now, what *was* the stricken material? Well, there's this: "  Nicholas Kaizer, Esq., pursuant to 28 U.S.C. § 1746, declares under penalty of perjury that the following is true and correct: 1. I represent Defendant Colin Akparanta in the above-captioned matter. 2. I submit this Declaration in Support of Akparanta’s motion to strike Document 23 from the court docket. 3. Document 23, filed August 22, 2019, is counsel’s Memorandum of Law in support of Akparanta’s pretrial motions. In it, we inadvertently refer to search warrant materials the government classified as confidential, subject to the confidentiality order previously entered in this case (Doc 16). We also attach the warrant, affidavit in support and inventory as exhibits to the memorandum and seek to strike them from the public docket as well." We'll have more on this.

Here's from the motion for suppression and more: "the undersigned will move before the Honorable Lorna G. Schofield in the United States District Court for the Southern District of New York, at a date and time convenient to the Court, for an Order,

1. Suppressing all physical evidence seized pursuant to the October 15, 2018 search warrant;

2. Requiring the government to provide the names and other pertinent information regarding the four victims identified in the indictment;

3. Allowing defendant, counsel and an investigator entry into the MCC to photograph the second floor women’s unit;

4. Requiring the immediate production of all BOP records concerning the victims identified in the indictment;

5. Concerning scheduling the early disclosure of 3500, Brady, Giglio, trial exhibits and witness lists and, and for such other and further relief as the Court deems just and proper. Dated: August 22, 2019 Nicholas Kaizer, Esq. LEVITT & KAIZER 40 Fulton Street, 23rd Floor." We'll have more on this.

   Back on May 21 the government argued for a curfew, saying that Akparanta is a naturalized U.S. citizen originally from Nigeria to which he retains strong ties. He didn't try to flee when first questioned - but it seems he thought he was under investigation only for bringing contraband into the MCC for female prisoners, not for the sex acts he traded the contraband and control for.

 The unsealed indictment in USA v. Akparanta lists as his nicknames or aliases "Africa" and "Akon." (A commenter on Inner City Press' thread about the arraignment noted that the singer Akon is not, in fact, from Nigeria - but neither is Africa a country.)

  Akparanta's lawyer expressed concern about where he would be detained on the night of May 21 while awaiting another signer for his bond and the retrieval of his guns. The prosecutors said he will not be in general population or even in any Bureau of Prisons facility but rather a contract one (sounds like GEO, a private prison.)

  The government asked that time be excluded under the Speedy Trial Act for discovery, which they said is voluminous even though the complaint says the sex acts took place off camera, referring to "The Bubble," and to discusss a pre-trial disposition, meaning a plea. Judge Freeman asked Akparanta's lawyer if he anticipated engaging in such discussions. Yes, was the answer. So how long, in a private prison? Inner City Press will continue to cover this case, and others.

  Magistrate Judge Debra Freedman, presiding over SDNY Courtroom 5A for the week, said the government's proposal of a curfew as a way to prevent flight to Nigeria did not make sense. She ordered that Akparanta not have contact with any current or former inmates except in the presence of his (still publicly paid) counsel, which implies he will not be going back to work as a correctional officer any time soon.

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