| In Sex Traffic Case Stopped By COVID
Oct 19 Restart Requested By Judge Engelmayer
By Matthew
Russell Lee, Exclusive Patreon
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SDNY COURTHOUSE,
Aug 19 – In the sex
trafficking trial of US v.
Carl Andrews that Inner City
Press has been reporting
on despite a partially sealed
courtroom and US Attorney for
the U.S. District for the
Southern District of New York
withholding of exhibits, the
defense on March 14 asked for
a stay of the trial.
The reason?
Coronavirus COVID-19. As time
went on, it was declared a
mis-trial.
And now on
August 19 SDNY Judge Paul A.
Engelamayer held a conference
to re-start the trial. The
defendant's new lawyer had
concerns, not only about the
ability to meet her client but
also about traveling to the
courthouse and the lack of
COVID testing in the MCC.
Judge
Engelmayer replied that he
held a proceeding in his
courtroom last week and the
seating is more spaced out. He
acknowledged there is more
"blocking and tackling" to do
on safety issues. He will
suggest to the SDNY panel
another later date as well.
Inner City Press will continue
to cover this case.
Previously:
in a response filed past 9 pm
on March 14, Assistant US
Attorney Daniel Wolf had in a
footnote revealed that
"earlier today a Special Agent
of the Office was informed
that he tested positive for
COVID-19." Filing and more on
Patreon here.
Beyond the impact
on the already partially
sealed trial, how might this
impact the US Attorney's
Office other cases and (lack
of) transparency in the SDNY?
Inner City Press is on the
case.
As
Inner City Press reported,
Chief Judge Colleen McMahon
ordered that while
upcoming trials should
be postponed at least through
April 27, already underway
trials would continue.
Now this - while the US
Attorney's Office Press Office
did not, respond to Inner City
Press' written request for the
exhibit that Judge Paul A.
Engelmayer ruled Inner City
Press should get.
Past 9 pm
on March 14, Assistant US
Attorney Daniel Wolf replied
opposing any stay,
acknowledging the positive
test of a US Attorney's Office
security officer about whom
the US Attorney's Office Press
Office refused to answer Inner
City Press' question on March
13 - and revealing that a
Special Agent has tested
positive: "The U.S. Attorney’s
Office for the Southern
District of New York learned
last Thursday that a special
security officer (“SSO”)
assigned to the Office tested
positive for COVID-19, and
earlier today a Special Agent
of the Office was informed
that he tested positive for
COVID-19. Those assigned to
the trial team for the
Government have not had any
known contact with the SSO or
Special Agent, and common
areas at the Office have
undergone sustained deep
cleaning and sterilization in
recent days. For the avoidance
of doubt, no one on the trial
team for the Government is
exhibiting any symptoms
associated with COVID-19... As
a result of the Chief Judge’s
Order, there will be
substantially fewer people
present in the Courthouse this
week. Finally, the Government
opposes any additional voir
dire relating to jurors’
specific views of COVID-19.
The jurors have already been
asked to commit to being
impartial and taken an oath
expressing that commitment. In
addition, the Court has made
abundantly clear to the
parties and jurors its
attention to the risks of
COVID-19 and no juror has
expressed any concern. There
is no reason to take measures
beyond those that have already
been taken. For all of these
reasons, the Government
opposes the defendant’s
request for a stay or, in the
alternative, additional voir
dire." We'll have more on
this.
***
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