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SDNY Mag Court Sealed To Press For Pressure Cooker Defendant Now Released Part 1 Last Chance

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, March 18 -- A defendant named D'Carlo Deluca was to be presented on charges involving threats and purchase of a pressure cooker, in the U.S. District Court for the Southern District of New York Magistrates Court on March 17, it emerged in the early afternoon of that day. 

 But when he was presented more than five hours later, no notice has been given that lawyers would be asking to seal the courtroom. Inner City Press was the only media in the courtroom, but it was not given an opportunity to be heard.

    Rather, the judge and lawyers disappeared into the robing room for a lengthy period. Why since it was known that sealing would be requested, in this case use or misusing the "oral pre trial services report" loophole, was no notice or opportunity to be heard and to oppose sealing provided?

    After this sealed proceeding, Magistrate Judge Stewart D. Aaron first ordered the defendant released, then stayed his order until March 18 at noon because he was unable to reach the Part I Judge Valerie E. Caproni to permit an appeal that same evening. 

 Inner City Press was present at noon on March 18 when the appeal was heard. Judge Caproni inquired in detail into the difference between making threats by phone and actually preparing the pressure cooker to be an explosive.

 At the end, Judge Caproni denied the US Attorney's appeal, while admonishing D'Carlo Deluca that this was probably his last chance (depending on how the Part I judge is next time, if there is a next time). Inner City Press will continue on this and the Part 1 beat, watch this site.

 The legal gymnastics were impressive and appreciated. But it is not difficult to give notice, when it is known that court sealing will be requested.

And it is not too much to ask that the press actually in the courtroom be given a chance to be heard, as SDNY Judge Paul Crotty did formally in US v. Schulte, and Judge Paul A. Engelmayer did, twice, in the now-suspended trial of US v. Andrews.

Inner City Press will have more on this. 


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