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With NYS Case Delayed Hector Rivera Is Denied Release From MCC By SDNY Judge Torres

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, April 1 – Hector Rivera is in the Metropolitan Correctional Center awaiting a federal Violation of Supervised Release hearing that had been scheduled for April 20. But with the spread of Coronavirus COVID-19, his related New York State criminal case has been postponed until at least June 22.   

  So Hector Rivera's Federal Defender on April 1 asked U.S. District Court for the Southern District of New York Judge Analisa Torres to release Rivera from the MCC where, she said there are "twenty six men in a single room, sharing a single urinal. There are not enough masks to go around." 

  The assigned Assistant US Attorney acknowledged that Coronavirus in the MCC is "difficult," but said that Hector Rivera is charged with abusing his ex-girlfriend. She said that says that given the COVID-19 pandemic, there are less police resources to keep an eye on Rivera if he were released, that there are fewer location monitoring bracelets. She said the "MCC is taking measures... As of last night, there is a new announcement by BOP that there is going to be a 14 day quarantine."

    After hearing both sides, Judge Torres ruled: I have reviewed the defendant's request to be released to Brownsville, Brooklyn on $50,000 bond, and his argument that his Sixth Amendment rights have been violated. I that find he has not met his burden of persuasion, given his history of violence. Accordingly, defendant's application is denied.  

And with that, Rivera will remain in the MCC. The case is US v. Rivera, 16-cr-66 (Torres).

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