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By Matthew Russell Lee, Patreon Maxwell book

SDNY COURT Exclusive, Feb 27 – The gun-point robbery of a deli / bodega on East 180th Street in The Bronx gave rise to a lengthy bail hearing on February 3, 2023 before U.S. District Court for the Southern District of New York Magistrate Judge Jennifer E. Willis.

Inner City Press was there until the 7:30 pm end, when an order to release the defendant once he obtains the signatures of three co-signers on a $75,000 personal recognizance bond. 

  NYPD Detective Matthew Lombardo sat next to Assistant US Attorney Brandon Thompson, who began by saying that release to the apartment right across 180th Street, where the defendant had been living, would not be acceptable.

 He added that residence further away might be acceptable to the US Attorney's Office.

  Beyond the robbery of the 180th Street store, which was caught on video, Thompson referred to previous armed robberies which the Bronx District Attorney had charged and then dismissed - due, he said, to witnesses being too afraid to testify.

  Judge Willis said this information could not be relied on, and that on the particular offense conduct in the complaint, the defendant could be released but must stay at least ten blocks away from the bodega.

More detail and analysis on Substack here

On February 7, the release on bond order was reversed by District Judge Paul G. Gardephe.

On March 1, James Kelly's case was indicted and wheeled out to Judge Gregory H. Woods.

On July 5, James Kelly appeared again in front of Judge Woods, to change lawyers for the second time. Inner City Press was there. Thread:

Judge Woods tells Kelly to confer with counsel before speaking in court.

But Kelly is trying to fire his 2d CJA lawyer: he confers with the CJA on duty, with the white noise turned up. He says he does not want to talk with his current appointed lawyer

Update: Judge grants James Kelly's request to fire current appointed lawyer and take CJA on duty - who asks for delay to develop relationship, & vacation.

Kelly: I'm charged with Hobbs Act robbery - but with case was dismissed.

Judge Woods: I haven't seen the discovery.

Neither have we.

On November 9, 2023, Kelly's lawyer wrote in about the trial scheduled for January 29, 2024, proposing motions due November 27 and that "the parties continue to work toward a pretrial resolution of this matter."

Jump cut to February 28, 2024 when in advance of what is for now a March 11 trial the US Attorney's Office wrote in arguing to preclude evidence of prior dismissals, adding that "the 48th Precinct is not on trial."

On March 1, Judge Woods scheduled a March 7 Daubert (expert witness) hearing on proposed testimony of Andrew Petersohn of DBM Engineering.

On March 11, the day of trial, James Kelly "refused to appear for the jury trial." Judge Woods urged prosecution and defense to confer about how to evaluate the defendant's competency.

On April 24 the US Attorney's Office wrote in to say that Kelly had refused to meet with Dr. Cheryl Paradis, on April 11, April 21 and April 23. They requested "a conference this week or next week, so that the Court can advise the defendant of the competency evaluation that has been ordered."

He was found competent, and was put on trial in October 2024. On October 9 he was going to testify; Judge Woods told him that would require him to observe decorum (which he asked for a definition of). Ultimately he did not testify.

 As the AUSA delivered his closing argument complete with video of the two robberies, and clothing changing in the stairs of a building on East 180th Street in The Bronx, the judge the AUSA clerked for was in the gallery, as were other AUSAs.

On October 10, the jury returned guilty verdicts on counts 1, 2 and 3.

On January 30 his counsel wrote in asking for 84 months; sentencing was set for February 13.

Inner City Press went on February 13, thread

defendant wants to speak first, defense counsel says he's refused to meet with them.

Defendant: I only learned of this sentencing this morning. No one is here, no store owners, I haven't seen the report.

Judge: You can read it in the cell block now... Defendant: What would that accomplish?

 Judge: We could adjourn- Defendant: Why is my lawyer shaking her head? Do you represent me or what? Judge: Lawyer sometimes disagree. Let's break.

Afterward, Judge Woods said the sentencing will be continued on February 27 at 9:30.

Inner City Press went; Judge Woods sided with the defense about whether Kelly demanded marijuana rather than just "weed money." Then Kelly was sentenced today to 160 months in prison for robbing two delis in the Bronx, New York, and pointing a gun at deli workers during one of the robberies.

The case is US v. Kelly, 23-cr-113 (Woods)

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