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Arias Casilla For Drug Sentencing Has Evidence of Warrantless Search In So Briefs to March 31

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Jan 25 – Omar Arias Casilla is charged in a drug conspiracy. He has asked to be released on bond.

   On September 7 U.S. District Court for the Southern District of New York Judge Analisa Torres held a bail reconsideration hearing. Inner City Press covered it. 

 Judge Torres asked about an affidavit from Arias' employer, also signed by an Arias.

No relation, the defendant said.

Judge Torres found that defendant had not met his burden of production. Release was denied.

Jump cut to January 3, 2023: "ORDER as to Omar Arias Casilla. On November 16, 2022, the Court held a Fatico hearing to determine whether evidence seized from a warrantless search of Defendant Omar Arias Casilla's apartment may be considered at sentencing. The Court deferred consideration of the issue and directed the parties to file briefs regarding the admissibility of the Exhibits. Dkt. Entry 11/16/22; Hearing Tr. 112:25113:2, 115:720. Having reviewed the parties briefs, the record, and relevant caselaw, the Court concludes that the Exhibits are admissible and entitled to substantial weight. The Exhibits are therefore ADMITTED as defense exhibits 69, respectively. The Exhibits are admissible and entitled to substantial weight. Accordingly: Exhibit A, ECF No. 78-1 at 23, is ADMITTED as Defense Exhibit 6. Exhibit B, ECF No. 78-1 at 4, is ADMITTED as Defense Exhibit 7. Exhibit C, ECF No. 78-1 at 5, is ADMITTED as Defense Exhibit 8. Exhibit D, ECF No. 78-1 at 6, is ADMITTED as Defense Exhibit 9. (Signed by Judge Analisa Torres on 1/3/23)."

And on January 25, a new schedule: "ORDER as to Omar Arias Casilla: On November 16, 2022, the Court held a Fatico hearing to determine whether evidence seized from a warrantless search of Defendant Omar Arias Casilla's apartment may be considered at sentencing. Dkt. Entry 11/16/22; Def. Request at 12, ECF No. 69. At the hearing, Defendant sought to introduce into evidence four exhibits, to which the Government objected. Gov. Fatico Mem. at 1, ECF No. 81; Hearing Tr. 110:11112:24. The Court deferred consideration of the issue and directed the parties to file briefs regarding the admissibility of the Exhibits. Dkt. Entry 11/16/22; Hearing Tr. 112:25113:2, 115:720. On January 3, 2023, the Court ruled on the admissibility of the exhibits. ECF No. 92. Accordingly, by February 17, 2023, the parties are directed to file briefs stating their position on whether the evidence seized from the search of Defendant's apartment may be considered at sentencing. By March 10, 2023, the parties shall file their opposition briefs. By March 31, 2023, the parties shall file their replies, if any. SO ORDERED. (Signed by Judge Analisa Torres on 1/25/2023)

The case is US v. Arias Casilla et al., 21-cr-218 (Torres)

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