Pro Se
Felon Won
Mistrial on
Gun Charge
Then Pled
Guilty Writes
from Jail on
Paralegal
Points
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
Jan 17 –
James Garlick
faced trial on
June 5, 2023
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.
On
May 26, Inner
City Press
went to the
courtroom for
Garlick's bail
hearing. But
the door was
locked. Then
this: "ORDER
as to James
Garlick.
WHEREAS on May
23, 2023, Mr.
Garlick
requested a
bond hearing,
see Letter,
Dkt. 74;
WHEREAS the
Court
scheduled a
bond hearing
for May 26,
2023 at 10:45
A.M., see
Order, Dkt.
75; WHEREAS in
the early
morning of May
26, 2023, the
Court was
notified that
Mr. Garlick
refused to
come to Court
because of a
"religious
holiday" and
because of a
heart
condition; and
WHEREAS Mr.
Garlick was
medically
evaluated and
deemed fit for
Court; IT IS
HEREBY ORDERED
that the bail
hearing
scheduled for
May 26, 2023
at 10:45 A.M.
is hereby
CANCELLED. IT
IS FURTHER
ORDERED that
Mr. Garlick
must be
prepared at
the Final
Pre-Trial
Conference,
scheduled for
Wednesday, May
31, 2023 at
10:30 A.M.,
(a) to state
whether he is
withdrawing
his bail
motion, and
(b) to provide
the Court with
a list of the
names and
dates of all
religious
holidays he
wishes to
celebrate
between May
31, 2023, and
December 31,
2023. IT IS
FURTHER
ORDERED that
the Final
Pre-Trial
Conference
will take
place as
scheduled on
Wednesday, May
31, 2023 at
10:30 A.M. in
Courtroom 318
of the
Courthouse at
40 Foley
Square, New
York, NY
10007. Please
note that the
conference
will therefore
not take place
in the
Undersigned's
regular
courtroom. IT
IS FURTHER
ORDERED that
Mr. Garlick is
hereby
notified that
if he refuses
to attend the
proceeding on
Wednesday, May
31, 2023, or
any future
proceeding
without a
valid medical
excuse, the
Court will
find that he
has withdrawn
his request to
represent
himself, will
direct the
Federal
Defenders of
New York, Inc.
immediately to
resume
representation
of him, and
will consider
whether his
refusal to
come to Court
constitutes a
waiver of his
right to be
present at his
trial or
whether he
should be
forced to come
to Court. IT
IS FURTHER
ORDERED that
attached to
this Order are
draft voir
dire questions
for the
parties to
review ahead
of the Final
Pre-Trial
Conference. IT
IS FURTHER
ORDERED that
standby
counsel for
Mr. Garlick
will be
provided a
copy of this
Order and the
Court's draft
voir dire
questions in
Word format
that they must
cut and paste
into an email
to be sent to
Mr. Garlick
via Corrlinks
not later than
5:00 P.M. on
May 26, 2023.
SO ORDERED."
After
that, Federal
Defenders
wrote it that
CorrLinks says
"The
above-named
inmate has
chosen to
remove your
email address
from his/her
approved
contact list
and,
therefore,
cannot receive
or sent
messages to
your email
address."
On
May 30, Judge
Caproni ruled:
"ORDER as to
James Garlick:
IT IS HEREBY
ORDERED that
the Court will
consider any
written
response from
Mr. Garlick to
the
Governments
motions in
limine and
supplemental
motions in
limine if the
Court receives
them by
Tuesday, May
30, 2023. If
the Court
receives no
written
response to
the motions in
limine, Mr.
Garlick may
provide oral
objections at
the Final
Pre-Trial
Conference on
May 31, 2023
at 10:30 A.M.
IT IS FURTHER
ORDERED that
Mr. Garlick
must also be
prepared to
disclose the
name and
expertise of
any expert
witnesses he
plans to call,
as well as
provide a
summary of
their expected
testimony, and
must disclose
an exhibit
list of any
exhibits he
may introduce
on May 31,
2023, at the
Final
Pre-Trial
Conference. If
Mr. Garlick
fails to do
so, the Court
will consider
precluding him
from
introducing
exhibits or
expert
testimony at
trial."
Inner City
Press went to
the courtroom
on May 31 but
found it
locked.
Docketed later
were Garlick's
motions for
recusal,
removal of
Stand-by
Counsel, and
to receive
package or
propery. He
writes that
the stop of
his scooter
was without
probable
cause, as was
the search and
turns up a
gun. His
stand-by
counsel are
representing
another gun
defendant,
before Judge
Rakoff, in a
suppression
hearing. But
what will
happen here?
On
June 1 there
was supposed
to be a
conference at
1 pm - but
again, the
door was
locked.
Afterwards,
Federal
Defenders
wrote in to
say they still
had no
CorrLinks
invite; the US
Attorney's
Office wrote
it to say one
of its
paralegals
during a tour
of the MDC
"had a very
brief exchange
of words with
James
Garlick." What
words?
On
June 6, the
prosecutors
asked to
change the
jury charge to
include an
instruction
about the
Fourth
Amendment,
quoted from
Garlick's
questions /
statements for
example that
"I feel that
you violated
my Fourth
Amendment
rights at the
stop" (The
Court: Please
disregard Mr.
Garlick's
statements.).
On
June 7, Inner
City Press was
present in
Courtroom 318
when Garlick,
with the
whispered
assistance of
Federal
Defenders,
cross examined
the police
officer who
says he found
the gun in the
storage
compartment of
Garlick's
scooter. Thread:
NYPD
witness has
gun in 1 hand,
mic in the
other.
Now
the scooter as
well as the
gun - &
James Garlick
- are here
before the
jury
Garlick
has standby
counsel from
Federal
Defenders, who
whispers
Objection -
then Garlick
more loudly
says, "
Objection!"
Now
he's standing
to cross
examine
Garlick
is reading
questions,
then saying,
Correct? He is
replaying
video from
outside 44th
Precinct, as
barrier truck
with seized
scooter on it
arrives. He
asks about
another video.
Then
Garlick says,
I haven't see
it.
AUSA:
Objection!
Judge: Jury
will disregard
FD
points Garlick
to a page of
his binder. He
asks why
officer
witness did
not wear
gloves, when
he reached
into scooter
storage
compartment.
Asks, Do you
know about
DNA?
AUSA:
Objection!
Judge:
Overruled. If
he knows.
He
did not.
On
June 8, there
were closing
arguments,
jury charge
and
deliberations
until 4 pm.
The verdict
was reached
and the jury
will returned
on Monday
(Judge Caproni
is out on
Friday, she
said). The
prosecution
emphasized
that Garlick
had said he
wanted
"artillery"
without bodies
on it. At
day's end,
Judge Caproni
genially asked
Garlick if he
has lights in
his cell,
saying, I had
nothing to do
with it. He
gave a wide
smile.
On
June 12, Inner
City Press
repeatedly
checked
Courtroom 318,
which was
empty but for
the scooter.
There was talk
of two
holdouts.
Docketed
on June 13,
this:
"DECLARATION
OF MISTRIAL as
to James
Garlick (1)
Count 1James
Garlick (1) on
Count 1.... IT
IS HEREBY
ORDERED that
not later than
Friday, June
16, 2023, the
parties must
meet and
confer and
submit a joint
letter to the
Court
identifying
three possible
start dates
for a renewed
trial before
Monday, August
14, 2023. IT
IS FURTHER
ORDERED that
not later than
Friday, June
23, 2023,
standby
counsel for
Mr. Garlick
must submit a
letter to the
Court stating
whether Mr.
Garlick
intends to
continue to
represent
himself in
this matter or
whether he
would like
standby
counsel to
represent
him."
On
June 16,
Federal
Defenders
wrote to Judge
Caproni that
they are only
available on
July 24, or in
September or
October. They
say Garlick
"objects to a
summer trial
date and
instead
proposes the
Court begin
trial in
October 2023."
Subsequently,
on July 20,
Garlick pled
guilty
pursuant to a
Pimintel
letter. Then
the US went
above that
guideline
calculation
and asked for
87 months.
They attach an
empty page as
an exhibit
("audio file
provided by
email") and a
FPTC
transcript
that was not,
for some
reason, in the
docket on
PACER.
The
audio file is
described as
Garlick, in a
recorded jail
call, telling
his girlfriend
"I'm about to
go to Court
tomorrow and
act crazy and
shit."
Federal
Defenders say
many mentally
ill people say
things like
that. Garlick
is trying to
withdraw his
plea, still
undecided as
things move
toward
sentencing...
On
March 27, he
was said to
have missed
his deadline:
"ORDER as to
James Garlick.
WHEREAS on
March 19,
2024,
Defendant
requested that
the Court set
a briefing
schedule for a
plea
withdrawal
motion,
Letter, Dkt.
178; WHEREAS
the Court
granted leave
for Mr.
Garlick to
file a motion
to withdraw
his guilty
plea, Order,
Dkt. 180, and
ordered him to
file the
motion by no
later than
12:00 P.M. on
Wednesday,
March 27,
2024, Order,
Dkt. 183; and
WHEREAS the
deadline has
passed without
Mr. Garlick
filing a
motion to
withdraw his
plea; IT IS
HEREBY ORDERED
that Mr.
Garlick's
sentencing
will proceed
as scheduled
on Tuesday,
April 2, 2024,
at 10:30 A.M."
He
was sentenced
to four years.
In January,
docketed on
the 17th, he
wrote in
asking for the
court to write
to his prison
about his
criminal
history
points,
concluding
that the
prison is like
Brooklyn, he
wants out and
to be a
paralegal.
The
case is USA v.
Garlick,
1:22-cr-540
(Caproni)
***
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