| After US Stresses Danger of
Releasing 48 Year Old From MCC He Remains
Detained As Kooda Cited
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
April 6 – On
April 6 Judge Laura Taylor
Swain of the U.S. District
Court for the Southern
District of New York heard the
request of 48-year old Devon
Brown to be released from
Metropolitan Correctional
Center amid Coronavirus. Inner
City Press covered it.
His lawyer
Steven Brill has noted that at
least 3 MCC inmates have
tested positive for
#Coronavirus; he put in the
record that "the firstst
inmate in BOP custody has died
from complications related to
#COVID19."
Assistant US
Attorney Chris Clore replied
that "this is a presumption
case, a 924(c) discharge." He
said Brown was involved in a
shootout in The Bronx related
to drug turf. As he described
it, a video shows the
defendant in front of a
residential building in the
Edenwald housing project. He
engaged in a hand to hand drug
sale, then ducking and
crouching.
AUSA
Clore said: In the video,
Brown returns to the lobby
with a firearm after a brazen
shootout. He faces a 10
year minimum and a sentencing
guideline even higher.
It was not
clear to Inner City Press why
the final paragraph on that
page ws redacted - nor why the
letter "w" is left unredacted,
photo here.
AUSA Clore said,
This filing like many others
is based on a generalized
criticism of the BOP... He
cited a case Inner City Press
covered in person last week,
of Robert Lewis, here.
Clore: This
defendant has failed to show
that the individuals with whom
he would reside have complied
with social distancing
guidelines.
The Clore cited
Daniel Hernandez' / Tekashi
#6ix9ine co-defendant Kooda /
Kintea
McKenzie, saying "24
hours after release
celebrating with others not
wearing masks."
AUSA Clore argues
against release because if
remand was then needed, it
would put Marshals at risk and
the defendant, like McKenzie
in the #6ix9ine case, would
not be remanded because he
might be a risk those in the
MCC...
Judge Swain
asked, Mr Brown represents
that there is also an
auto--immune issue...
AUSA Clore: But
is Mr. Brown more likely to be
exposed to the virus in the
MCC or out in the city, taking
an elevator to the apartment
he would live in.
Brown's lawyer
Steven Brill said, My client
is presumed innocent at this
stage. So I'm going to argue
3142(i). This addresses
compelling reasons for
temporary release. This
situation is a compelling
reasons. I won't reiterate the
news we are all inundated with
each day.
He
cited SDNY Judge Furman's
decision in Nkanga, countering
AUSA Clore's citation to
decisions by Judge Castel and
Judge EngelmayerJudge Swain
orally ruled: I have
considered carefully all of
the facts put before me. I
find that government has
demonstrated a risk of flight,
and that Mr. Brown presents a
danger. It was a shootout in
the entrance area of a
residential building. Mr.
Brown has not rebutted the
presumption. [So] 3142(e)
requires the Court to order
Mr. Brown detained. Under
3142(i), the Court finds BOP
is taking appropriate steps to
mitigate risk.
The Court takes
very seriously Mr. Brown's
situation.. but must protect
members of the outside
community. So, denied.
The case is US v. Brown,
19-cr-792 (Swain).
***
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