| Defendant Seeking Year and
a Day Cursed at the Court Now 2d
Day of Sentencing Reiterated
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
March 28 – There was an
interrupted sentencing of a
defendant with a sentencing
memo heavily redacted and
docketed on March 27, days
after it was submitted in the
U.S. District Court for the
Southern District of New
York. It broke down:
"ORDER as to Raul
Acosta: During the sentencing
proceeding today, Defendant
repeatedly demanded to leave
the Courtroom, was disruptive,
loud, agitated, and acted in a
manner that required the
Marshals to restrain him. He
had to be escorted from the
Courtroom by the Marshals.
This is not the first time the
Defendant had engaged in
outbursts in the Courtroom.
Indeed, at his arraignment on
August 31, 2023, Defendant
yelled and cursed at the Court
such that his attorney
requested that he be excused
from the courtroom for the
remainder of the proceeding.
ECF No. 8 at 5. The Court did
not excuse him and completed
the proceeding with Defendant
present. Given the disruption
and disorderly conduct of the
Defendant, the Court adjourned
the sentencing hearing and has
scheduled a new
date."
Noteworthy in
light of another adjourned
sentencing in SDNY on March
27, that of Aimee Harris
covered by Inner City Press,
"[t]he Court hereby warns
Defendant that subsequent
displays of disorderly and
disruptive behavior will
result in his removal from the
courtroom. See Fed. R. Crim.
P. 43(c)(1)(C) ("A
defendant... who had pleaded
guilty... waives the right to
be present... when the court
warns the defendant that it
will remove the defendant from
the courtroom for disruptive
behavior, but the defendant
persists in conduct that
justifies removal from the
courtroom."). (Signed by Judge
Jennifer L. Rochon on
3/27/2024)
On March 28,
Federal Defenders asked on
Acosta's behalf that he not be
required to attend the second
day of sentencing.
Late on March 28, Judge
Rochon denied the request and
said Acosta shall appear.
The case
is US v. Acosta,
23-cr-376 (Rochon)
***
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