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Murder In Washington Heights Triggers Trial December 5 As Co-Defendant Seeks Release

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

SDNY COURTHOUSE, May 31 – Edwin Cortorreal was charged with murdering Kelly Diaz in an apartment in Washington Height on October 27, 2006. Then there were DNA questions.    

    On June 14, U.S. District Court for the Southern District of New York Judge Valerie E. Caproni held a proceeding. Inner City Press covered it.  

 The talk was of the Forensic Statistical Tool used by the Office of the Chief Medical Examiner, in the case to swab a roll of duct tape and a cellphone battery.  

 There is a free program to analyze this on GitHub, but the license does not allow use by businesses, including Criminal Justice Act business, the defense said.

The defense wrote to Judge Caproni asking to push back the trial in light of the July 25, 2022 hearing on DNA, and citing counsel's trial scheduled for November 28 before Judge McMahon in US v. Lopex Arizmendi, 20-cr-584 (though "it is not anticipated that the case will actually proceed to trial," they wrote).

On May 31, Judge Caproni set a date: "MEMO ENDORSEMENT as to Edwin Cortorreal (14) granting [699] LETTER MOTION addressed to Judge Valerie E. Caproni from Jean D Barrett and Benjamin Silverman dated May 13, 2022 re: Motion to set trial date. ENDORSEMENT: Application GRANTED. Trial for this case will be held the week of December 5, 2022."

In the run-up, a co-defendant has requested compassionate release: "ORDER as to Shajonny Santana: IT IS HEREBY ORDERED that the Government must respond to Mr. Santana's motion for compassionate release by no later than November 30, 2022. In its response, the Government must include Mr. Santana's educational and disciplinary records from the Bureau of Prisons, to be filed on the public docket, and the last two years of Mr. Santana's medical records, to be filed under seal. IT IS FURTHER ORDERED that Mr. Santana may reply in further support of his motion by no later than January 31, 2023."

The case is US v. Nunez, et al., 17-cr-438 (Caproni)


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