| Man
Charged After Wire Tap of Bronx Stash
House Was Convicted Now Co D Cites MRSA
By Matthew
Russell Lee, Patreon Maxwell
Book
SDNY COURTHOUSE,
March 12 - In the U.S.
District Court for the
Southern District of New York
on October 13, 2022 three
detention or bond proceedings
were held by Magistrate Judge
Katharine H. Parker. Inner
City Press was there, the only
media in the Mag Court.
Defendant
Andy Mercado, arrested with
two others after a month's
wire-tapping and observation
of a drug stash house on
Loring Place South in The
Bronx, asked to be released on
bond. His lawyer said the
"Andy" on the wire taps might
not be him. But his passport
was found in the drug filled
room.
He was
detained, as were Nelson Olivo
and lead / named defendant
Joel Cosme Figueroa, who the
AUSA linked to fake oxy pills
being left for a customer
called "stupid chick."
The three were
formally indicted on October
26. On December 29, Mercado's
lawyer filed a more formal
request for a conference to
(re) argue for bail, arguing
that his client was out of the
country, was not a squatter
but a repairman, and listing
the annual incomes of proposed
co-signers of a $500,000 bond.
Jump cut to
September 15, 2023 when Nelson
Olivo was brought before Judge
Caproni with an argument to be
released from custody on
health grounds. First, he had
to waive the conflict of one
of his lawyers going to work
for the US Attorney's Office
in Connecticut. Then,
description of hernia pain.
Judge Caproni
said she has been assured by
BOP that the operation will be
this month, but Olivo won't be
told the day in advance for
security reasons.
Docketed: "ORDER
as to Nelson Olivo: IT IS
HEREBY ORDERED that the motion
is DENIED for the reasons
stated at the hearing."
And on September
21, the new schedule for
trial: "ORDER as to Nelson
Olivo: WHEREAS on September
21, 2023, the parties appeared
for a status conference. IT IS
HEREBY ORDERED that a hearing
on the motion to suppress and
oral argument on the motions
in limine will be held on
Tuesday, October 24, 2023, at
11:00 A.M. Not later than
October 17, 2023, the parties
must submit a joint letter
setting forth the list of
witnesses to be called at the
suppression hearing. IT IS
FURTHER ORDERED that jury
selection and trial in this
matter is ADJOURNED to Monday,
December 4, 2023, at 10:00
A.M. The final pretrial
conference will be held on
Thursday, November 30, 2023,
at 2:30 P.M."
On October 12,
the US Attorney's Office wrote
it that the suppression
hearing is not needed, the
parties have reached an
agreement on evidence. The
prosecutors agree to not
introduce evidence from the
Challenger. Olivo will no
longer move to suppress what
was found in the Hyundai
Elantra.
Jump cut to late
February: "ORDER as to
(22-Cr-582-3) Nelson Olivo.
WHEREAS on February 26, 2024,
Mr. Olivo was found guilty of
conspiracy to distribute or
possess with intent to
distribute controlled
substances. IT IS HEREBY
ORDERED that Mr. Olivo will be
sentenced on Thursday, June
27, 2024, at 10:30 A.M ."
On March 12,
counsel for co-defendant Andy
Mercado asked for leniency at
his April 3 sentencing,
emphasizing he was only in New
York for two days, but has now
spent months in the MDC.
On March 18,
Mercado himself wrote in,
stating among other things
that "while at MDC Brooklyn I
caught a disease called MRSA
[Methicillin-resistant
Staphylococcus aureus] which
got me hospitalized for two
weeks, the end result of me
having surgery."
The overall case
is US v. Cosme Figueroa, et
al., 22-cr-582 (Caproni)
***
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