In Extortion
of Fire Victims Case Smith Mulled Pro Se
But Reverses Course So August 14 Trial
By Matthew
Russell Lee, Patreon Maxwell
book
SDNY COURTHOUSE,
May 1 – The lead
defendant in a criminal case
alleging gang extortion in the
field of clean-up services to
properties damaged by fire
asserted his Speedy Trial Act
rights.
On
September 9, 2022, U.S.
District Court for the
Southern District of New York
Judge Jed S. Rakoff held an
in-person arraignment and
detention or bond proceeding,
with the defendant's family
and supporters filling half of
the courtroom gallery. Inner
City Press was there.
On the
request to move up the
scheduled May 2023 trial to
October, Judge Rakoff said he
will speak with Judge Analisa
Torres about changing the
schedule of her US v. Tim Shea
(We Build the Wall) trial.
We'll see.
On
detention or release, the
Assistant US Attorney recited
from audio recordings of
threatens, saying "N-word, I'm
gonna kill you."
The defense
lawyer, retained from Staten
Island, pointed to those in
the gallery and called the
threats hyperbole. Judge
Rakoff said the defendant
clearly had supporters, but
was a danger to the community.
He was ordered
detained.
Afterward by the
elevators, supporters said of
the prosecutors after they
left in a separate elevator,
"They lie."
Jump cut to March
27, 2023, when Judge Rakoff
convened a Curcio hearing on
the lead defendant. In short
order he ruled, there is no
conflict, and adjourned the
proceeding. Ten days prior,
Judge Rakoff had denied this
request to suppress the
forensic copy of his phone,
taken after he was denied
entry into Jamaica and was
found with $10,000 upon his
return.
Back on September
13, Judge Rakoff held a
proceeding with co-defendants.
The lead defendant Jatiek
Smith applied to move his
trial from October 17 to
November 28 was granted, and
three co-defendants were
allowed to join him for trial
beginning that date, one with
a new lawyer. The others
remain for trial on "5-1-22,"
which we take to mean May 1,
2023.
On April 27,
Jatiek Smith appeared before
Judge Rakoff, seeking to go
pro se. His CJA lawyer, it was
said on the record, collapsed
in the subway; Inner City
Press is voluntarily not
report further medical
details.
Jatiek
Smith said he is tired of
waiting for lawyers; he said,
"You view me as an animal, so
I'll just do it myself."
Judge Rakoff
pointed out that the first CJA
counsel's sickness was not his
fault.
Then
Jatiek Smith asked for the
courtroom to be cleared to
speak about his experience
with his lawyers. Inner City
Press did not contest the
sealing; it stood by the
elevators with six AUSAs and,
separately, supporters of
Smith. When summoned back in,
it was put on the record that
Smith will communicate by 5 pm
on May 1 if he wants to go pro
se - in which case trial would
start May 8 or 15 -- or
continue with another CJA
lawyer, or two, on August 14,
moved up in the sealed session
from September 19.
It emerged that
3500 material and other
discovery cannot be shared
with Smith on the same
timeline as other defendants,
which would impact his ability
- and Constitutional right -
to represent himself. It was
unclear how or if this was
addressed in the sealed
session.
Thing became
clearer on May 1, when the
trial date (and
representation) were set:
"ORDER as to (22-Cr-352-1)
Jatiek Smith. On 4/27/23, the
Court held an in-person
conference with Jatiek Smith,
his then-primary counsel
Thomas Nooter and co-counsel
Jill Shellow, and prospective
counsel Andrew Patel, as well
as counsel for the Government.
See 4/27/23 Hr'g Tr. As
discussed further on the
record during that proceeding,
severe and unexpected medical
setbacks that had very
recently arisen affecting Mr.
Nooter's health meant that Mr.
Nooter was no longer able to
try this case (previously
firmly set to begin on 5/1/23)
in the foreseeable future. And
the Court agreed with Ms.
Shellow's representation that,
given this case's substantial
complexity (involving, inter
alia, gigabytes of discovery,
numerous fact witnesses,
multiple months of wiretap
recordings, and more) and her
prior expectation that she
would be proceeding only as
co-counsel assisting Mr.
Nooter, ensuring effective
representation for Mr. Smith
required delaying trial long
enough to enable Ms. Shellow
to adequately serve as primary
counsel and for prospective
co-counsel to get up to speed
on the case. Ms. Shellow,
after reaching out to several
potential co-counsel who were
unavailable, identified highly
qualified co-counsel, Andrew
Patel, who was willing to step
in. However, Mr. Patel's other
commitments coupled with the
need to get up to speed on
this case did not allow him
(and Ms. Shellow) to be ready
to try this case until August
14, 2023 (the very earliest
date available to both counsel
and the Court). Nonetheless,
at the hearing, Mr. Smith
initially expressed reluctance
to delay trial and a
preference to instead proceed
with trial as previously
scheduled representing himself
pro se, and the Court informed
Mr. Smith it would appoint Ms.
Shellow as stand-by counsel to
assist him if he wished to
proceed prose for a trial in
May. However, following an
on-the-record (but sealed)
colloquy regarding the risks
of going prose, Mr. Smith
asked for some time to further
consider the issue. He has
since written the Court (in a
letter that has been docketed
separately, see dkt. 211)
stating his preference to
remain represented by Ms.
Shellow (as primary counsel)
and Mr. Patel (as co-counsel)
and proceed with an August 14
trial date." Watch this site.
The
overall case is US v. Smith,
et al., 22-cr-352 (Rakoff)
***
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