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Bello Charged With Drugs Asks SDNY To Change Lawyer Again Now Motion Returned

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

SDNY COURTHOUSE, Nov 10 –  Andres Bello is in pre-trial detention in a narcotics conspiracy case. He wanted to replace his appointed lawyer.  Again.

 On April 2, 2021 U.S. District Court for the Southern District of New York Judge P. Kevin Castel held a proceeding. Inner City Press covered it. 

  Bello's outgoing lawyer asked if he had gotten the hard drive of discovery from the government.

No, was the answer. The lawyer committed to mailing it to the incoming counsel, who was appointed.

Now on September 16, 2021, Bello's and co-defendants' motion to dismiss based on the jury pool has been denied: "Defendants Humberto Rodriguez, Andres Bello and Sharrone Lewis move to dismiss the Superseding Indictment in this case. They assert that the grand jury that returned the Superseding Indictment did not reflect a fair cross-section of the community as required by the Sixth Amendment to the United States Constitution and the Jury Selection and Service Act of 1968 (“JSSA”), 28 U.S.C. § 1861, et seq. (Docket # 131.) Specifically, they urge that Black and Hispanic individuals were unfairly underrepresented in the grand jury pool drawn for the Foley Square courthouses of this District, and that a statistical analysis set forth in the Declaration of Jeffrey Martin, a statistician, makes out a prima facie case that this underrepresentation was systematic. Because defendants have not made out a prima facie case of systematic underrepresentation of Black and Hispanic persons from the grand jury pool, defendants’ motion to dismiss will be denied."

On November 10, this: "ORDER as to Andres Bello: Andres Bello is represented by CJA counsel, at least his fourth counsel in this action. He has submitted to the Court a pro se motion to dismiss the indictment and to release him pending trial. A defendant has a right to be represented by counsel and also has a right to represent himself, subject to the appropriate inquiry. He has no constitutional or statutory right to a hybrid representation and has advanced no persuasive reason for allowing him to proceed in this manner. See, e.g., United States v Tutino, 883 F.2d 1125, 1141 (2d Cir. 1989). The motion will be transmitted to his counsel who will proceed as deemed appropriate. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/10/2021)."

The case is US v. Rodriguez et al., 20-cr-301 (Castel)


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