| Man On
Trial For Gun
In Bronx Home
His Wife Let
Police Search
now Opposes
Joint
Possession
By Matthew
Russell Lee, Patreon Maxwell
book
SDNY COURTHOUSE,
Feb 8 –
George
Marcial,
having been
convicted of a
felony in
2016, was
arrested in
July 3, 2021
after his wife
Ms. Sosa,
believe he had
stolen money
from her purse
and also
charging
domestic
violence, led
police on a
search of
their
apartment in
The Bronx.
A gun and
ammunition
were found,
and Marcial is
now on trial
as a felon in
possession.
After
jury selection
on February 6,
the trial and
witnesses
began on
February 7
before U.S.
District Court
for the
Southern
District of
New York Judge
Analisa
Torres. Inner
City Press was
there.
The
Assistant US
Attorney was
questioning
the law
enforcement
officer who
had searched
Marcial's and
Sosa's
apartment. On
the screen was
video of the
apartment, in
disarray, then
audio of Ms.
Sosa speaking.
She
said yes there
might be
syringes in
the rubble,
"he is a drug
addict."
Judge
Torres read a
limiting
instruction,
that this was
not offered
for the truth
of the matter
asserted but
only for Ms.
Sosa's state
of
mind.
On
February 8,
amid a flurry
of letters,
the Federal
Defenders
asked Judge
Torres to
"advise the
Government
that it may
not seek to
inflame the
passions of
the jurors"
with Sosa's
statements.
They opposed
any
instruction on
joint
possession at
2041 Watson
Avenue, Apt
#1B in The
Bronx, saying
that the
signed consent
form does not
change the
reality of the
relationship.
Judge Torres
also docketed
an order that
"The
Government is
precluded from
using the
specified
terms. The
Government
shall instead
use the term
"domestic
incident."
And, the Court
shall deliver
the following
limiting
instruction
when the
Wife's 911
call and the
Wife and
Daughter's
street corner
statements are
introduced
into evidence:
"You have
heard
recordings of
statements
that [the
Wife] made to
a 911
dispatcher and
statements
that [the
Wife] and her
daughter made
to responding
police
officers in
connection
with a
domestic
incident. Mr.
Marcial is
only charged
with
possession of
ammunition. He
is not charged
with any other
offense. It is
for you to
decide what
weight, if
any, to give
these
statements.
You may
consider the
statements
only for the
limited
purpose of
determining
whether Mr.
Marcial
knowingly
possessed
ammunition on
July 3,
2021.:Defendants
motion is
GRANTED. The
Government is
precluded from
using
thespecified
terms. The
Government
shall instead
use the term
domestic
incident. And,
the Courtshall
deliver the
following
limiting
instruction
when the Wifes
911 call and
the Wife
andDaughters
street corner
statements are
introduced
into evidence:
You have heard
recordings
ofstatements
that [the
Wife] made to
a 911
dispatcher and
statements
that [the
Wife] and
herdaughter
made to
responding
police
officers in
connection
with a
domestic
incident. Mr.
Marcialis only
charged with
possession of
ammunition. He
is not charged
with any other
offense. It
isfor you to
decide what
weight, if
any, to give
these
statements.
You may
consider the
statementsonly
for the
limited
purpose of
determining
whether Mr.
Marcial
knowingly
possessed
ammunition on
July 3, 2021."
The
case is US v.
Marcial,
22-cr-208
(Torres)
***
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