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On Gun Defendant Bailed Inner City Press Asked USA Now Co-D Colon gets Year & Day

By Matthew Russell Lee, Patreon Maxwell Book

SDNY MAG COURT EXCLUSIVE, Nov 20 -  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.  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 and upcoming Magistrates Court proceeding. Thread here.

  Jump cut to September 8, 2023, when without any prior announcement another co-defendant in the case was brought into the SDNY Mag Court. He was Jesus Zapata, charged with attempted murder in aid of racketeering, and he consented to detention.

Jump cut again to September 14, 2023, when the 24th defendant, Brayan Lloret, was brought into SDNY Mag court from state prison in Elmira. He was detained on consent and added to the case.

On October 30, 2023, DOJ announced it would not seek a death penalty: "LETTER by USA as to Jowenky Nunez, Jr addressed to Judge J. Paul Oetken  dated October 30, 2023 re: Decision by the Department of Justice NOT to Seek the Death Penalty Document filed by USA."

  Inner City Press went to the bond appeal hearing of Gutierrez back 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

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).

On November 20, 2023, co-defendant Victor Colon was sentenced to a year and a day (to allow so-called good time credit).

The overall case is US v. Nunez, et al., 22-cr-293 (Oetken / Figueredo)



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