Man Who
Called Lawyer to Withdraw
Plea before Acceptance Now
Contests Conspiracy
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
May 5 – Mark
Gonzalez pled
guilty on
August 31,
2022 before a
Magistrate
Judge to a
conspiracy to
distribute 400
grams and more
of
fentanyl.
Then,
he says, from
jail in Essex
County he
called his
retained
counsel and
said he wanted
to take back
his plea.
He
says that was
before the
assigned
District Judge
formally
accepted his
guilty
plea.
On April 14,
2023 U.S.
District Court
for the
Southern
District of
New York Judge
Victor Marrero
held a
proceeding.
Inner City
Press went and
covered
it.
Gonzalez
wanted to fire
his retained
counsel.
The
CJA lawyer
present said
he was honored
to be on the
CJA panel and
would accept
appointed. He
asked the
prosecutors to
leave the
courtroom, and
that the
transcript be
redacted.
Inner City
Press was
still in the
courtroom,
openly.
The upshot is
that the
change of
counsel was
made, and the
CJA counsel
will seek
records about
the alleged
call, which
would have
been recorded,
from the Essex
facility.
The
AUSA, back in
the room, said
they should
get a copy
too, and a
copy of
Gonzelez' CJA
affidavit
which the SDNY
AUSA called a
judicial
record and a
public
document.
(This is
ironic because
when Inner
City Press has
moved to
unseal CJA
affidavits,
the SNDY US
Attorney's
Office has
said it "takes
no
position.")
Judge Marrero
said that
Gonzalez had
already been
found eligible
for CJA
counsel, and
that the CJA
should filed a
letter in two
weeks about
the fruits of
the subpoena.
On
April 28, the
letter was
filed - there
was a call
between
Gonzalez and
his then
counsel, but
the file has
been mailed to
the new CJA
lawyer, on a
CD.
On
May 1, the new
(soon to be
former?) CJA
lawyer wrote
to Judge
Marrero that
he met with
Gonzalez on
April 29 and
was told he is
fired. He has
requested a
conference in
which he he
said he would
request to be
formally
relieved as
counsel.
Inner City
Press went to
that
conference, on
May 5.
Gonzalez,
dressed in the
beige prison
garb of the
Metropolitan
Detention
Center, was
brought in by
two US
Marshals, and
spoke with a
woman in the
gallery, where
Inner City
Press was the
only other
civilian.
When
Judge Marrero
took the
bench, the CJA
lawyer asked
for the
prosecutor to
leave. (He
did). The CJA
lawyer
explained his
"acrimonious"
relationship
with Gonzalez,
and
disagreement
on legal
strategy which
Inner City
Press is
voluntarily
not reporting
here. But the
public version
is that
Gonzalez
contests the
400 grams of
fentanyl
weight, and
whether he
could have
been in a
conspiracy
with his
co-defendant
or some other
relationship.
Judge
Marrero set a
further -
final? -
conference on
the matter of
representation
for May 12 at
10:30 am. He
said he will
not appoint
any new lawyer
for Gonzalez.
Watch this
site.
Inner
City Press
will continue
to follow the
case. It is US
v. Gonzalez,
21-cr-288
(Marrero)
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2023 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com
|