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Coronavirus Motion for Release From MCC In Sex Traffic Case Inner City Press Fought To Cover

By Matthew Russell Lee, Exclusive Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, March 29 – 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 SDNY withholding of exhibits, the defense on March 14 asked for a stay of the trial.

The reason? Coronavirus COVID-19.

  And now on March 29 a motion was been filed with Judge Paul A. Engelamayer to release one of the co-defendants in the case: "Re: United States v. Dwayne Conley  Dkt. No. 19-Cr-131 (PAE)  Bail Application Dear Judge Engelmayer: This is a bail application for Dwayne Anthony Conley made in light of the COVID-19 pandemic. The Court should release Mr. Conley under the condition of home incarceration as described below. Mr. Conley, 51, suffers from diabetes, high blood pressure, hypertension, and asthma. A portion of one of his lungs was removed several years ago after he was stabbed. Mr. Conley is detained at the MCC where numerous inmates have been exposed to the COVID19 virus. These illnesses place him at a high risk for infection and serious illness, and perhaps death. On Friday I received an email from the Federal Defenders informing me that the MCC has classified Mr. Conley “as high-risk with respect to his vulnerability to COVID-19.” I do not have access to Mr. Conley’ medical records from MCC, but attach as Exhibit A an excerpt of Mr. Conley’s medical from another institution documenting his diabetes, hypertension, asthma, and the surgery on his lungs. This type of heightened vulnerability to COVID-19, and the recognition by the Bureau of Prisons itself of the special danger the virus poses to detained and incarcerated inmates, has caused an increasing number of judges to release defendants who were previously detained.1 The media reported today the death of the first federal prisoner from COVID-19." Watch this site.

  On the morning on March 17 Inner City Press went to SDNY Judge Paul A. Engelmayer's courtroom to see how he would rule. But the door was locked. There had been a conference on March 16, of which no public notice had been given, and the trial had been stayed.

  Now on March 26, defense lawyer Ezra Spilke has written to Judge Engelmayer asking for a mistrial: "the juror's attention, like that of the rest of us, is no doubt on their families... We have communicated with Mr. Andrews who consent to this application." Watch this site.

 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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