| Cooperator
Bit His Wife While Awaiting 5K Letter So
Remanded But Reversed in Part 1
By Matthew
Russell Lee, Patreon Maxwell
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SDNY MAG COURT
EXCLUSIVE, Nov 28 - In
the U.S. District Court for
the Southern District of New
York on November 21, a
detention or release
proceeding was held by
Magistrate Judge Ona T. Wang
on a cooperator, awaiting
sentencing on January 4, who
was charged with abusing his
wife and biting her (according
to Assistant US Attorney
Matthew Shahabian).
Inner City
Press was there, the only
media in the Mag Court. So was
the wife, and at the end, two
children.
The
defendant, Luis Benitez,
testified as a cooperator in a
trial in June 2022 before
Judge Analisa Torres. His
cooperation agreement required
him to violate no laws. But he
was arrested for what his
lawyer John Kaley called a
"domestic incident." More on
Patreon here,
including about the trial
Benitez cooperated in, which
Inner City Press also covered.
Kaley said
the children had stayed
downstairs in a car service,
to not see their father in
shackles. But Judge Wang said
she had had children in her
courtroom before.
After Judge Wang
ordered Benitez detained until
his January 4 sentencing, she
summoned Mrs. Benitez back
into the Magistrate Judges'
robing room.
When they
re-emerged, Kaley asked for
reconsideration. But Judge
Wang said no facts had
changed. The children were
brought in, and Benitez told
them, in Spanish, see you in
January.
AUSA
Shahabian did not say in the
domestic "incident" and the
biting he described would
cancel or modify any 5k.1
letter for lenient sentencing.
Kaley said he
would be appealing.
And he did, to
the Part 1 Judge,
Victor
Marero, and
succeeded:
"Minute Entry
for
proceedings
held before
Judge Victor
Marrero: Bond
Revocation
Hearing as to
Luis Benitez... The
Court held a
hearing on
Defendant's
appeal of the
Magistrate
Court's
decision to
revoke bail in
this matter.
AUSA Matthew
Shahabian
present on
behalf of the
Government.
Attorney John
Kaley present
with defendant
Luis Benitez.
Court reporter
present. After
reviewing all
submissions
and hearing
arguments from
both parties,
the Court
reversed the
Magistrate
Court's
revocation of
bail, finding
that it was
not warranted.
The Court
found that
conditions
exist to
ensure the
safety of the
parties,
including (1)
the
continuation
of marriage
counseling for
a certain
period of time
at Probation's
recommendation;
(2) daily
reporting to
Pretrial
Services
through the
use of
audio/video
conferencing
technology to
be determined
by Pretrial
Services,
which shall
also determine
the frequency
and means by
which such
reporting
takes place;
and (3) that
Defendant
receive anger
management
services
selected by
Pretrial
Services. Bail
is reinstated,
subject to the
original and
additional
conditions set
forth on the
record at the
hearing. The
Court ordered
that Defendant
be released
from
detention." Watch
this site.
The case is US v.
Benitez, 19-cr-201 (Torres)
***
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