| In DEA
Corruption Trial of Costanzo & Recio
US Sealed Courtroom, Now Subpoena Dispute
By Matthew
Russell Lee, Patreon Maxwell
Book
SDNY COURTHOUSE,
Nov 6 – On May 20, 2022 DOJ
announced that "JOHN COSTANZO
JR., a Drug Enforcement
Administration Special Agent,
and MANUEL RECIO, a former DEA
Assistant Special
Agent-in-Charge, were indicted
in Manhattan federal court."
Costanzo appeared
in the U.S. District Court for
the Southern District of New
York Magistrates Court that
day and was released on
$30,000 bond. His case was
assigned to District Judge J.
Paul Oekten, who held a
conference in the case on June
6. Inner City Press attended
and live tweeted, below.
On October 27,
with the trial belatedly
underway, Inner City Press was
in the courtroom when Special
Agent Brandon Jaycox
testified. Audio tapes were
being played. Behind the
scenes there were dueling
letters on the admissibility
of recordings about Recio
telling Costanzo about the
impending arrest of Cesar
Peralta.
On October 30
witness Hernandez - he
explained his nickname grew
from having "a head shaped
like a bowling ball" - read
from his text messages with
Costanzo, who he called
"boss."
On October
31, after Hernandez testified
about his relationship with
Alexander Saab, it emerged -
not in the docket - that the
US seeks to seal the
courtroom, citing what they
described in open court as an
exhibit concerning a
"unilateral operation" without
the consent of the country it
took place in, an operation
that apparently involved or
involves committing crimes.
Inner City Press joined an
oral request to unseal - with
a written letter.
Judge Oetken to
his credit docketed the letter
at 4:30 pm. But by then, the
courtroom was sealed, and
Inner City Press waiting
outside in the hall until past
5. Inside throughout were,
among others, two woman in the
gallery who left with a
defendant, seemingly family
members. So isn't the horse
out of the barn?
On November 3,
the charge conference was
held. The elements of bribery
were debated, with reference
to a jury instruction by SDNY
District Judge Paul G.
Gardephe in US v. Adams,
20-cr-494 (that defendant was
acquitted). Four
elements...
On November 6,
along with indications a
second sealing of the
courtroom will be essayed for
the closing argument, a
subpoena dispute bloomed with
a letter from Miami based
lawyer Christopher M. DeCoste,
concluding that "it has become
impossible to confer with the
government safely or
constructively." We will
continue to cover the trial.
Back on July 15,
Judge Oekten held a
conference, which Inner City
Press live tweeted here
US letter
alleging conflict on Patreon here.
The case is US v.
Costanzo, 22-cr-281
(Oetken)
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