Felon
Charged With
Gun Near
Yankee Stadium
OKed To Go Pro
Per But Must
Refile on
Clothes
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
May 22–
James Garlick
faces trial on
June 5 as a
felon in
possession of
a firearm,
found with a
gun on 162nd
Street and
Jerome Avenue
by Yankee
Stadium in The
Bronx on
August 27,
2022.
In
2013 after a
trial, Garlick
was convicted
of
manslaughter.s
Now Garlick
wants to
represent
himself.
On
May 17, U.S.
District Court
for the
Southern
District of
New York Judge
Valerie E.
Caproni held a
Faretta
hearing and
determined
that Garlick
can represent
himself. But
there is no
movement in
the date of
the trial,
which Inner
City Press
aims to cover.
On
May 19,
Federal
Defenders
wrote it
wanting out
even as
standby
counsel, their
relationship
having
"irreparable
broken down."
Judge Caproni
on May 19
ordered: "the
parties must
appear for a
status
conference on
Monday, May
22, 2023 at
11:00 A.M."
Inner
City Press,
after an 11 am
Magistrates
Court
proceeding,
ran to the
courtroom and
was helpfully
told that
Garlick will
proceed pro
per.
Subsequently
docketed:
"ORDER as to
James Garlick:
IT IS HEREBY
ORDERED that
for the
reasons stated
at the May 22,
2023 hearing,
the Federal
Defenders'
motion is
DENIED.
Although the
Federal
Defenders will
remain as
standby
counsel for
Mr. Garlick,
the Court will
not alert the
jury to their
presence or
role. IT IS
FURTHER
ORDERED that,
in light of
Mr. Garlick's
adamance that
he does not
want the
assistance of
standby
counsel, the
Court's
previous
direction to
the Federal
Defenders to
provide a
"clothing
order" for Mr.
Garlick is
vacated. Mr.
Garlick must
provide a
clothing order
to the Court
for signature
not later than
the Final
Pre-Trial
Conference on
May 31, 2023.
IT IS FURTHER
ORDERED that,
because
standby
counsel will
not be
introduced to
the jury
(unless,
during the
course of the
trial, Mr.
Garlick
forfeits his
right to
represent
himself so
that standby
counsel is
substituted as
counsel to
represent
him), Mr.
Garlick may
not consult
with standby
counsel during
the trial
while the jury
is in the
Courtroom. IT
IS FURTHER
ORDERED that
the Final
Pre-Trial
Conference is
rescheduled to
Wednesday, May
31, 2023."
The
case is US v.
Garlick,
22-cr-540
(Caproni)
***
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