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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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