Inner City Press





In Other Media-eg New Statesman, AJE, FP, Georgia, NYTAzerbaijan, CSM Click here to contact us     .



These reports are usually available through Google News and on Lexis-Nexis
,



Share |   

Follow on TWITTER

Home -

These reports are usually available through Google News and on Lexis-Nexis

CONTRIBUTE

(FP Twitterati 100, 2013)

ICP on YouTube

More: InnerCityPro

BloggingHeads.tv
Sept 24, 2013

UN: Sri Lanka

VoA: NYCLU

FOIA Finds  

Google, Asked at UN About Censorship, Moved to Censor the Questioner, Sources Say, Blaming UN - Update - Editorial

Support this work by buying this book

Click on cover for secure site orders

also includes "Toxic Credit in the Global Inner City"
 

 

 


Community
Reinvestment

Bank Beat

Freedom of Information
 

How to Contact Us



After Ernest Murphy Got 260 Months Now Forfeiture of $3080 Seized on Decatur Avenue

By Matthew Russell Lee, @SDNYLIVE

SDNY COURTHOUSE, July 4 -- A jury returned guilty verdicts on drugs and gun charges on August 20, 2019 against Ernest Murphy, one of 15 defendants in a Brooklyn-based narcotics conspiracy case brought by the U.S. Attorney for the Southern District of New York.

 Now in July 2020, this: "On August 20, 2019, Defendant was found guilty, following a jury trial, of Counts One and Two of the Indictment. Accordingly, the government moved to forfeit Defendant’s right, title and interest in $3,080 in United States currency seized by the government on or about January 5, 2018, from a residence located on Decatur Street, Brooklyn, New York (the “Specific Property”), which, according to the government, constitutes proceeds traceable to the offense charged in Count One of the Indictment that Defendant personally obtained. On February 13, 2020, the Court sentenced Defendant to 260 months’ incarceration to be followed by a five-year term of supervised release. As part of that sentence, the Court ordered Defendant to forfeit the Specific Property, to which Defendant did not object." Twenty one years, $3080.00 dollars....

   The verdict after some electronic and laboratory evidence was suppressed by Circuit Judge Richard J. Sullivan, who rather than re-assigning has kept many of his criminal cases in the SDNY.

  Now on April 7 Judge Sullivan has received the government's opposition to Ogarro's bid for freedom after serving 22 months. Assistant US Attorney Elinor L. Tarlow writes that Ogarro much exhaust his admistrative remedies and in any event should be denied as not demonstrating any "extraordinary and compelling reason." Inner City Press will continue to cover this.

  On March 15, this was sent to Judge Sullivan: "I write to request an adjournment of Tyrell Sumpter’s sentencing which is currently scheduled for March 25, 2020. I have been unable to meet with Mr. Sumpter to prepare for sentencing for more than two weeks. As the Court is undoubtedly aware, MCC was locked down and not permitting legal visits for most of that time. After legal visits resumed, I attempted to see Mr. Sumpter and learned that he had been transferred to MDC in Brooklyn. I had planned to meet with him yesterday, Saturday, but on Friday, March 13, 2020 the Bureau of Prisons instituted a thirty day nationwide cancellation of all visits due to the coronavirus... The government,  by Matthew Hellman, Esq.,  consents to this application.  Therefore, I request an adjournment of Mr. Sumpter’s sentence to a date in mid to late  May, 2020.     Respectfully,   Lisa Scolari." We can now report this sentencing has been moved to May 20 at 3 pm. Inner City Press will have more on this.

  On March 3 the first-named defendant in the case Tyshawn Burgess came up for sentencing and Inner City Press which alone covered the trial went to cover it. But the sentencing was postponed for a Fatico hearing. Before he adjourned it, Judge Sullivan told Burgess in his orange WCDOC shirt that others in the case, he says given serious time: Bayer 108 months, Felix 160 months, Robinson 126 months, Murphy himself 260 months (see below), Wilson 180 months.

 But now there will be a Fatico hearing, and Inner City Press hopes to be there. Judge Sullivan is right that transparency is important, and it is appreciated. Here's the Minute Entry: "proceedings held before Judge Richard J. Sullivan: Status conference/Sentencing held on 3/3/2020. Defendant, in custody, present with attorneys Lorraine Gauli-Rufo and Samuel Coe. AUSA Karin Portlock present with Brittany Raffa (ATF) and James Miles (NYPD Det.) Court reporter present. The Court adjourned the sentencing and ordered the parties to appear for a Fatico hearing. The Court ordered the government to submit a letter no later than Wednesday, March 10, 2020, advising the Court of counsel's availability for such hearing, the government's expected witnesses and exhibits, and whether any of Defendant's co-defendants require the Court to resolve similar disputes. The Court will set a date for the Fatico hearing by separate order. " Watch this site.

 Back on February 13, 2020, Judge Sullivan sentenced Ernest Murphy. In the gallery of his mobile courtroom now 11B were six Murphy supporters, and independent Inner City Press. Judge Sullivan was rigorous, demanding that Assistant US Attorney Matthew Hellman justify his count of weight of heroin and of crack.

  In a two hour proceeding, Sullivan sentenced Ernest Murphy to 260 in prison: 200 months on Count 1 (lower than the government requested), and 60 more months to run consecutive on Count 2. Judge Sullivan urged Murphy to get R-DAP drug rehab and job training and warned his "iPad and laptop" may be searched -- all this in more than 20 years when he gets out. What will be the technology then? Inner City Press will stay on this.

  Murphy's two Criminal Justice Act lawyers, Patrick Joyce and Robert Moore, present again on February 13, had complained to Judge Sullivan on the eve of trial that they had only then been given 16 gigabytes of audio and video recordings and lab tests on crack cocaine.

  Rather than delay the trial, Judge Sullivan ordered much of it suppressed. During the five day trial the government still had a number of NYPD lab technicians testimony, and played wiretaps of cell phone calls and calls from Riker's Island, whose location in The Bronx was cited as a basis for venue in the SDNY.

  In the intercepted calls, there was discussion of cooking, packaging and selling crack cocaine. Several times reference was made to bringing firearms to protect turf. A government slang expert witness said that "Shaquille" jersey meant .32 caliber pistol.

  After the jury got the case, they asked to examine the drugs. Judge Sullivan declined to send the crack and ecstacy pills into the jury room. Instead the juror came out and passed them hand to hand, in evidence bags, in the jury box.

 On the second day of deliberations the jury through the Court Security Officer passed a note that they wanted all audio recordings and transcripts. Judge Sullivan sent them in a thumb drive and three binders, as well as a menu to order lunch.

  But barely an hour later, the jury returned with its guilty verdicts. The case is US v. Ernest Murphy, 18-cr-373 (Sullivan).

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com

Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540



Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2020 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com for