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On Fentanyl Death in Bronx Daycare Judge Urges Proffer with Grei Mendez Now Plea Set

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 28 – Following the death of a one-year old baby by fentanyl, on September 19, 2023 the US Attorney for the Southern District of New York charged Grei Mendez and Carlisto Acevedo Brito.

On September 25, with no notice and Inner City Press initially the only person in the courtroom gallery, the third man was brought in: Renny Antonio Parra Paredes. Inner City Press live tweeted, thread

On January 23, Paredes' lawyer argued, and lost, before the assigned District Judge Jed S. Rakoff: "Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument as to Felix Herrera Garcia, Grei Mendez, Carlisto Acevedo Brito, Renny Antonio Parra Paredes held on 1/23/2024. The trial date is adjourned to 6/10/2024

On February 12, Inner City Press went to a possible change of counsel hearing on lead defendant Felix Herrera Garcia - but soon Judge Rakoff asked everyone but Herrera Garcia and his still counsel to leave the courtroom, "even my favorite reporter."

On June 10, the day of jury selection on Herrera Garcia, his trial was canceled; he pled guilty.

On June 13, Judge Rakoff issued a blistering order chiding Federal Defenders and the US Attorney's Office, and recommending that CJA counsel henceforth be available on Saturdays: "OPINION as to Grei Mendez: While the Court is extremely disappointed with the conduct of the Federal Defenders and the Government in this case, it also recognizes the role that this District's standing policy of not requiring CJA counsel to be on call on Saturdays had in precipitating the events of September 23, 2023. If this District, instead, had a standing policy that provided for CJA counsel to at least be on call on Saturdays, this entire situation would never have occurred. Accordingly, the Court has recommended to the relevant committee of this Court that it revise this policy so as to ensure that indigent defendants always have immediate access to conflict-free counsel and permanently prevent the misconduct that occurred here from happening again in the future. (Signed by Judge Jed S. Rakoff on 6/13/2024)."

Back on March 21, Grei Mendez was brought into the Magistrates Court to be arraigned on a superseding indictment. Inner City Press was there, thread

the Court severed Ms. Mendez from the jury trial of her co-defendant set to proceed on June 10, 2024, and a new trial will be calendared in her case."

On July 11, another guilty plea, Inner City Press was there, thread:

OK - now in Bronx deadly fentanyl daycare case, defendant 5  Jean Carlo Amparo Herrera is pleading guilty to a lesser included offense. 

Judge: Where are you from? Herrera: Dominican. Judge: Are you satisfied with your lawyer?

Herrera: Si. Judge: Do you wish to plead guilty? Herrera: Si.

[it appears family of child who died are here] Judge: The agreement has a five year mandatory minimum. I will hardly considered the guidelines. I have been given a copy of a letter agreement stipulating the guideline is 210 to 260 months

How do you plead?

Guilty.

Sentencing was set for October 22 at 4 pm.

On August 27, he got a new lawyer, neither Federal Defenders nor CJA, but paid through CJA.

On October 8 Grei Mendez had a pre-trial conference and Inner City Press went, thread:

All rise!  Judge Rakoff: I am informed that Ms. Mendez is asking to change lawyers. I will hear this ex parte. I ask everyone else to leave, including my favorite reporter... 

Re-admitted to courtroom Judge Rakoff is inquiring about separating Ms. Mendez from her kids.

Judge Rakoff strongly encourages the SDNY prosecutors to rethink proceeding against Ms. Mendez with a high mandatory minimum, saying most Federal judges don't like such mandatories. Then he says he'll speak with Ms. Mendez again- with everyone else out of the room I

We're back in. At the podium, a chief of narcotics unit. Judge Rakoff: Under Preet, the Office didn't allow chiefs to try cases. I was against that, as a former chief. Can you? A: Those who can't, chief

Judge Rakoff: Why not do a proffer session with Ms. Mendez? Before 20 year mandatory minimum? Chief: We'll speak with her. Judge: Let me know by tomorrow. Chief: We'll have that decision today. Judge Rakoff: I might want to talk to Damian Williams

  He directed the sides to call in by the end of October 8.

On October 23 there was a superseding indictment - then on October 24 a call on which arraignment was postponed. On October 28 it was docketed: change of plea on October 29 at 10:30 am.

More on Substack here

The case is US v. Herrera Garcia et al., 23-cr-504 (Rakoff)

Watch this site.

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