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Remand After Wire Fraud Guilty Verdict as Risk of Flight to Nigeria Awaits SDNY US Marshals

By Matthew Russell Lee, Patreon Thread Pod
BBC - Guardian UK - Honduras - ESPN

SDNY COURTROOM Exclusive, Oct 26 –    Two wire fraud defendants were convicted Tuesday night and ordered remanded to jail - but there were no U.S. Marshals present for nearly an hour after the order.

Inner City Press was there: thread, podcast.

 U.S. District Court for the Southern District of New York Judge Loretta A. Preska presided over the jury trial of Oluwaseun Adelekan and Temitope Omotoya from October 20 to October 26.

The two defendants were on pre-trial release on $250,000 bond, and came to the trial each day.   

The jury was deliberating on the afternoon of October 26, so Inner City Press went up to SDNY Courtroom 26A around 4:20 pm.

There was a wait more than an hour until, near 6 pm, Judge Preska said, "I think we're in business. The jury has a verdict." 

 A court reporter came upstairs, as to two more of Judge Preska's staff. But, Inner City Press noted, no U.S. Marshals.  

 The jury foreperson passed the verdict sheet to Judge Preska's clerk, who read out "Guilty" to each count, from wire fraud through money laundering to identity theft.

The jurors confirmed this was each of their decision, and Judge Preska said, Have a good night, I hope you don't get rained on.  

 Then the Assistant U.S. Attorney asked for remand: to send the two now convicted defendants to jail, even before the January 27 sentencing.

 The two defense lawyers argued against it, one saying that far from being a flight risk, his client is afraid of going back to Nigeria.

  Judge Preska said the two had not shown they are not flight risks, and ordered them remanded. But how?  

  There was pause, then two then three then four Court Security Officers came int the room, apparently in case one or both defendants sought to make a run for it. 

  A fifth CSO arrived and asked the two to empty their pockets, to take off their belts and shoe laces. Judge Preska kindly let each man use the landline phone on the bench to call their families.  

 More silence. The prosecutors left. Only the two defendants, three defense lawyers, five CSOs and Inner City Press remained in large Courtroom 26A.  

 A CSO began asking each man, How old are you? How much do you weight?  160, one said. The other was heavier.  

  It was helpfully explained to Inner City Press that this was a unique case, with a 6 pm verdict on defendant who were not in custody during the trial.

 Finally near 6:45 pm two US Marshals came in, albeit without the normal belt of handcuffs. They escorted the two men into the holding cell and elevator.

 It was over, at least until January 27. Speedy Trial Act time was tolled as to other co-defendants. Inner City Press will stay on the cases, #CourtCaseCast.  

The overall case is US v. Adelekan, et al., 19-cr-291 (Preska). 

***

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