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Gun Defendant Bailed Inner City Press
Asked USA Williams Now Colon Pleads Guilty
By Matthew
Russell Lee, Patreon Maxwell
Book
SDNY MAG COURT
EXCLUSIVE, Feb 1 - In
the U.S. District Court for
the Southern District of New
York on July 27, 2022 a
detention or release
proceeding was held by
Magistrate Judge Sarah Netburn
on a defendant charged with
firearms use, carrying and
possession in a narcotics
conspiracy that was not, in
the proceeding, named.
It was Own
Every Dollar, the subject of
an SDNY / Manhattan DA press
conference on August 2
announcing the unsealing of a
superseding indictment for
multiple murders including in
The Bronx. Why is the Bronx DA
not involved?
At the August 2,
2022 press conference, the
Bronx DA was name-checked. But
when the NYPD Police
Commissioner offered credit,
it was to three Manhattan
units, nothing in The Bronx.
She was asked about officers
hit with botters in the 44th
Precinct.
Inner City Press asked
US Attorney Williams about
Jose Gutierrez being ordered
released last week - an appeal
stopped it - and when the
superseding indictment for
murder was known of. He cited
a detention memo that we will
seek out, and upcoming
Magistrates Court proceeding.
Thread here.
Inner City
Press went to the bond appeal
hearing of Gutierrez on August
3, 2022 before Judge J. Paul
Oetken who has the overall
case now. While those in the
superseding indictment were
described as the leadership of
OED, Judge Oetken took an
individualized approach and
upheld the order freeing
Gutierrez, whose mother Flor
and sister were again present.
But after Judge
Oetken left the bench, the
question of when Gutierrez
will be freed arose. Both
co-signers were not available;
Gutierrez was ordered to be
produced on August 4, when all
co-defendants would be before
Judge Oetken in Courtroom 318.
Inner City Press
went on August 4, into the
jam-packed courtroom. Twelve
defendants in the jury box,
each with a defense counsel.
Family members and supporters
in the gallery.
An issue arose
about the proposed protective
order. One counsel opposed the
language about threats to
witnesses; the AUSA replied
that one of the defendants has
a conviction for witness
tampering. That defendant's
able counsel asked about the
need and scope of attorneys
eyes only, that it can drive a
wedge between the defendant
and his lawyer.
At the end Judge
Oekten released "The next
pretrial conference is
scheduled for 12/9/2022 at
11:30am. Time is excluded to
12/9/2022. Bail continued as
to defendants Colon and Marte,
detention continued as to the
other defendants." And Jose
Gutierrez...
On August 24 in
the same case, Superseding
Indictment 4, four more
co-defendants were brought
into SDNY Mag court, arrested
the day before. The AUSA asked
for all four to be detained.
Inner City Press was present
and live tweeted, here:
OK - now 4
fentanyl defendant arraigned
all together in SDNY Mag
court. Added to wider case
before Judge Oetken, in which
another co defendsnt is
charged with murder. 3 will
apply for bail, one consents.
One
defendant, AUSA says, sold
fentanyl in New Rochelle. He
was arrested with 97 vials of
crack. Another had a gun and
spent shell casing. They
advertised opioids on social
media, and sold out of a
bodega.
2 of 3 who
sought bail are denied, gun
and drugs.1 who asked is
bailed, as super in a
building. The one who didn't
try is writing notes to his
assigned lawyer.
On January 31,
2023, one of the co-defendants
pleaded guilty, to Count 40s:
"proceedings held before Judge
J. Paul Oetken: Change of Plea
Hearing as to Victor Colon
held on 1/31/2023. Defendant
sworn and the Court accepts
the defendant's change of plea
to Guilty as to count 40. The
sentencing date is set for
June 7, 2023 at 12:30 pm. The
defendant's sentencing
submission is due by May 24,
2023 and the Government's
submission is due May 31,
2023. The PSR was ordered and
bail is continued."
There are been
other guilty pleas. The case
continues.
During the
July 27, 2022 proceeding,
with Inner City Press the only
media present, the defendant's
retained attorney referred to
a bail application he had
filed with the assigned
District Judge J. Paul Oekten.
Magistrate Judge Netburn
hadn't gotten or seen it and
so took a break in the back to
do so.
Inner City
Press has found the letter on
PACER, complete with the
defendant's sister Josemary's
financial information from her
employer, J.P. Morgan Chase.
Judge
Netburn returned, and noted
the presence of the
defendant's mother Flor in the
gallery. She said she would
release the defendant with his
mother as a third party
custodian, charged with
notifying the authorities if
her son so much as
communicates with
co-conspirators. She nodded.
The
Assistant US Attorney asked
for a stay, to consider an
appeal to Judge Oetken. Judge
Netburn said stay through
Friday.
When was
the superseding indictment
known about?
The stay then was
extended
at least through August 3:
"ORDER as to Jose Gutierrez...
IT IS HEREBY ORDERED THAT: The
defendant's release on bail is
stayed pending the outcome of
the August 3 bail hearing by
this Court. SO ORDERED. (Bond
Hearing set for 8/3/2022 at
03:00 PM before Judge J. Paul
Oetken.) (Signed by Judge J.
Paul Oetken on 7/27/22).
The overall case
is US v. Nunez, et al.,
22-cr-293 (Oetken / Netburn)
***
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