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After Bronx Alleged Gang Leader Ordered Free  In SDNY Mag Court Judge Cote Overrules It

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, March 6 -- Alleged members of a Bronx drug gang were presented and most detained on March 5 by U.S. District Court for the Southern District of New York Magistrate Judge Kevin N. Fox.    

Tasha Burnett, for example, while said to be a church goer and an entrepreneur, was described by Assistant US Attorney Thomas John Wright as having the gang's name on her bedroom wall and being captured on wiretaps trying to get a run. Judge Fox detained her. 

 But two of her co-defendants, including alleged gang leader Timothy Wallace and his alleged deputy Charkeem Payne, were ordered released by Judge Fox.  

 AUSA Wright immediately spoke an appeal, saying that District Judge Denise L. Cote to whom the case is assigned was still in the courthouse. Sullivan & Cromwell represented one of those freed, and asked when the appeal would be.   

So did Inner City Press, the only media in the SDNY Magistrates Court for this. The intention to appeal to Judge Cote was confirmed, but no time was given. We reported, We will continue to follow this. And we did.

 First, this order put on PACER on the morning of March 6: "ORDER: Arrests having been made in this prosecution today, bail determinations are being made by Magistrate Judge Fox. It is hereby ORDERED that any decision by a Magistrate Judge to release a defendant over the Governments objection is stayed until a bail review hearing before this Court on March 6 at 11:00 a.m. in Courtroom 18B, 500 Pearl Street. IT IS FURTHER ORDERED that any defendant who wishes to appeal a decision by a Magistrate Judge to detain the defendant will also be heard at the same time. IT IS FURTHER ORDERED that any detained defendant may forego the opportunity to appeal the bail determination tomorrow without prejudice to a later application to appeal the detention decision. as to Fernando Disla, Edward Abreu, Alicia Arias, Luis Farias, Timothy Wallace, Derek Livingston, Charkeem Payne, Carol Lane, Tracey Smith, Herman Stewart, Tasha Burnett, Tyriss Gwynn, Edgar Montes.. (Signed by Judge Denise L. Cote on 3/5/2020)(gr)."

  Then, not at 11 am but closer to noon, the appeal. The standard was de novo, and AUSA Wright added facts not adduced the night before: drug preparation and sales in Wallace's home on Gerard Avenue, including one sale by the mother of his two children, present in court on March 6. The Sullivan and Cromwell lawyer who had not spoken before Judge Fox the night before made the argument, emphasizing for example that she too has a digital scale, as a baker.

  Judge Cote asked where Wallace's wife works. She herself began to speak, then was directed to do it through counsel. Elevator manufacturing company GAR was the answer.

  Judge Cote found that the defendant poses a significant risk to the community, and overturned Judge Fox, something that happened again before Judge Nathan two hours later with the timing of a promised appeal to Judge Daniels not yet know. This case is US v. Disla, et al, 20-cr-52 (Cote).


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