| In Bronx Gang Case Dispute
Over Protective Order Citing Threats Now
Virtual Funeral
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
June 6 – In a multi-defendant
Bronx gang case, the language
of the proposed protective
order has given rise to a
dispute with briefing to
come.
On March
23, 2023 U.S. District Court
for the Southern District of
New York Judge Lewis J. Liman
arraigned three of the
defendants. Inner City Press
went and covered it.
All three
pleaded not guilty. One
defense lawyer disputed
including in the protective
order a line about witnesses
being under threat.
Judge Liman
pointed out that in bail
proceedings, Magistrate Judge
often make such findings. He
directed counsel to a recent
decision of his on protective
order, which he said should be
on Westlaw.
Defense counsel countered with
three recent SDNY cases in
which such language was not
included, two from the White
Plains courthouse and one by
Judge Hellerstein in 500 Pearl
Street. Judge Liman asked for
briefing, and set a next
conference for May 1.
On April 5, a
co-defendant came in:
"proceedings held before
Magistrate Judge Ona T.
Wang:Initial Appearance as to
Ervin Beamon held on 4/5/2023.
Deft. is present with counsel
Mr. Zaltzberg; AUSA James
Ligtenberg is present. Deft.
is detained on consent without
prejudice. Conference before
USDJ on 5/1/23 with Speedy
trial time excluded until such
date."
On June 6
co-defendant Nicholas
Johnson's request for
temporary release to attend a
funeral was "denied but the
United States Attorney is
directed to work with the
United States Marshals Service
and the Warden of Essex County
Correctional Facility to
ensure that Mr. Johnson is
able to remotely attend by
video and audio his sister's
funeral service and to report
no later than June 7, 2023, on
any obstacles to securing such
remote attendance. SO ORDERED.
(Signed by Judge Lewis J.
Liman on 6/6/2023)."
The overall
case is US v. Perez, et al.,
23-cr-99 (Liman)
***
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