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Sept 24, 2013

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For Bronx Gun Suppression Hearing NYPD Now In Florida Faces Quarantine

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, July 24 – Caesar Diaz and Michael Hawkins were arrested on October 20, 2019 as felons in possession of firearms, after shots fired on Reverend James A. Polite Avenue in The Bronx.

They have been in jail since - and now their request for a suppression hearing is being delayed by at least one of the NYPD officers having moved away, to Florida, and being subject to a two week quarantine to come back to testify. 

 On July 24 U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan held a proceeding in the case. Inner City Press covered it.

    Officer-1 has quit the NYPD and moved to Florida. It was unclear if the defendants will consent to him being cross examined by video. Inner City Press live tweeted the proceeding:

The Federal Defender urges a wait and see attitude toward "Officer 1" - doesn't have his client's consent to this witness testifying by video.

Judge Kaplan: Tell me a little more about what a hearing would look like? 

AUSA: We would call four or five witnesses, members of the NYPD. Given the current circumstances, if it's in mid September, no one knows what we'll be facing at that time...We'd anticipate some evidence coming through video, nothing unusual for a suppression hearing. 

[Note: Judge Castel held a multi hour in-person suppression hearing in SDNY Courtroom 26B this week, Inner City Press (alone) covered it, here.]

    It's resolved, as much as it's going to be today: next conference is scheduled for Aug 3 at 9:30 am - except that virtual production of defendants cannot be assured, Judge Kaplan's courtroom Deputy said, will submit Aug 5 at 9 am as alternate date.

The case is US v. Diaz, et al., 20-cr-176 (Kaplan)


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