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Bronx Shootings on Ryer Avenue Result in Jury Trial Now Witness to Pay $5000 Civil Contempt

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

SDNY COURTHOUSE, Dec 6 – Darrius Christopher and Robert Wade are still on trial for a shoot-out on October 25, 2019 by 2322 Ryer Avenue in The Bronx. But it's at end game. And the issue of "Theory of Defense."

     On November 22, U.S. District Court for the Southern District of New York Judge Sidney H. Stein held opening statements, and on November 23 the presentation of evidence from government witnesses. Inner City Press went and covered both days. 

   Detective Hearns was cross examined about Smith & Wesson .40 caliber and 9mm luger shell casings.

Once he and the jurors, who appeared to be paying close attention, left there were lawyers' arguments about out of court statements and an upcoming Wade hearing with an SDNY Probation officer.  

 The government objected to one of the defense's opening statements, that a Mr. Orellana would testify about (non) membership in a gang. The AUSA said Orellana's lawyer said he'll invoke the Fifth Amendment, if called to testify.

 How do I know that? the defense counsel answered.

On November 26, the day after Thanksgiving, the US Attorney's Office filed a letter and three exhibits with Judge Stein arguing that DEA agents and NYPD detectives may not be called for an improper purpose.

 Attached were defense counsel's November 22 letter pursuant to Touhy v. Regan, 340 U.S. 462 (1951) for the testimony of DA agents Moises Walter, Joseph Tamweber and David Brown, and a chain of emails contesting them. Also at issue: four NYPD detectives.

The US Attorney's Office cites Judge Alison J. Nathan's decision in US v. Ghislaine Maxwell to bar the defense from eliciting testimony about the use or non-use of certain investigative technique as it "does not tend to show defendant's innocence of the charges."

And while the Maxwell circus has made it more difficult to cover, we offered this Friday night report. Darius Christopher wants an instruction that while he was present on 183 and Ryer, but being a knowing spectator is not enough. And if the instruction is not taken?

On Monday, December 6 Judge Stein issued this: "ORDER as to Darrius Christopher, Robert Wade. Ulysses Boyd appeared at the trial of this action on November 30 and December 2, 2021, without the jury present and under oath. While Boyd sat in the witness stand, the Court stated as follows:...[*** See this Order ***]... The Court imposed the coercive civil sanction of a $5,000 fine and then asked Boyd whether he would "still refuse to answer questions under oath." (Trial Tr. 1183.) Boyd responded "Yes." (Id.) Accordingly, IT IS HEREBY ORDERED that: 1. Ulysses Boyd is a recalcitrant witness under 28 U.S.C. § 1826 and is in willful contempt of court for his failure to comply with the November 30, 2021 Court order that directed Boyd to testify at this trial. 2. Ulysses Boyd shall pay a coercive civil sanction of $5,000 due to his continued civil contempt. That sanction, due immediately, shall be made to: U.S. District Court for the Southern District of New York Attn: Cashiers Office, 500 Pearl Street, New York, NY 10007. SO ORDERED: (Signed by Judge Sidney H. Stein on 12/6/2021)."

The case will continue. It is US v. Christopher and Wade, 19-cr-875 (Stein).


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