| In SDNY
Bronx Drug Case 2 Defendants Shot Aug 31
Now Have Died So Nolle Prosequi Filed
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
Sept 13 – A multi-defendant
narcotics conspiracy
prosecution centered on the
James Monroe Houses in The
Bronx now features charges
dropped due to a cooperating
witness not complying with his
cooperation
agreement.
The overall
case is known as US v.
Spencer, et al. and Inner City
Press has reported on it at
every stage, here
and here.
On August
13 two of the defendants,
Price and Malik Tunstall, were
shot in the Monroe Houses.
Both have died and on
September 13 the US Attorney's
Office filed a proposed order
of "nolle prosequi" -
essentially, we will not
continue to prosecute. RIP.
Now on
March 25 the U.S. Attorney's
office for the Southern
District of New York has
written to SDNY Judge Analisa
Torres:
"In light of
evidence indicating that a
cooperating witness (“CW-1”)
breached CW-1’s cooperation
agreement, the Government has
determined that it will not
call CW-1 at trial in this
case. The Government will
provide this evidence,
including notes of CW-1’s
meetings with the Government,
to defense counsel by April 2,
2021.
"Given the
foregoing, the Government no
longer intends to proceed with
respect to Counts Two and
Three of the 20 Cr. 78 (AT)
Indictment. The Government
also no longer plans to
proceed on Count Nine of the
Indictment with respect to
Defendants Nyshiem Spencer,
Shalik Jenkins, Nasir Vincent,
Allan Gonzalez, and Jonell
Danforth. With respect to
Defendants Malik Tunstall and
Price Tunstall, the Government
intends to proceed on Count
Nine, but without seeking
findings by the jury with
respect to drug weight. The
Government is evaluating
whether there is sufficient
evidence to proceed at all
with respect to Defendant
Shalik
Jenkins."
We aim to have
more on this.
Earlier in the
case, nearly a year ago on
March 30, 2020, Inner City
Press reported
that Assistant US Attorney
Justin Rodriguez repeatedly
cited a video of which he
wrote he would "arrange with
the Court's Chambers for the
transmission of an electronic
version of the video montage,
rather than a physical copy."
The video was and is as of
this writing not in the case's
docket on
PACER. Judge
Torres relied on this video is
denying bond, finding a danger
to the community. Minutes
later, she approved a switch
to CJA lawyer James Branden
for co-defendant Lafone Eley."
The case is US v.
Spencer, et al., 20-cr-78
(Torres)
***
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