In
Supervised
Release Gun
Trial of
Aryeetey NYPD
Body Worn
Video of Gun
in Bronx Yard
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
Oct 30 – Ivanjoel Aryeetey was
sentenced then resentenced in
a drug case, then put under
supervised release.
On
September 26, 2023 he
reappeared in U.S. District
Court for the Southern
District of New York
Magistrates Court on
violations of supervised
release. Inner City Press was
there.
The AUSA said he
had a conference before
District Judge John P. Cronan
the next day, and that it was
unclear where he has been
living, while failing drug
tests.
The
CJA defense lawyer said his
girlfriend was in the
courtroom - she was, saying
"you got this, we got this" at
the end - and that he could be
released to live there.
Magistrate Judge
Wang, noting the standard on
VOSRs, ordered him detained
pending seeing Judge
Cronan.
From Judge Cronan
on September 27: "ORDER that
Defendant Ivanjoel Aryeetey be
released on bail with the
condition of home confinement
with location monitoring at
the discretion of the
Probation Office. The parties
shall appear for a status
conference on January 23, 2024
at 10:00 a.m. (Signed by Judge
John P. Cronan on 9/27/2023)
Then
Aryeetey was arrested and now
indicted as a felon in
possession of a gun, on 163rd
Street in Bronx, and the the
new case was initallly
assigned to Judge J. Paul
Oetken.
It was
consolidated back to Judge
Cronan, to whom Aryeetey's CJA
counsel directed a letter on
June 4 that Aryeetey wants a
new counsel for trial.
On October 21, in
the run up to trial, the US
Attorney's Office wrote in
opposing the defense motion in
limine which seeks to preclude
the testimony of an expert
from the OCME about the gun,
noting that "seven days before
trial the Government disclosed
its expert notice to defense
counsel."
On October 23
Aryeetey's white shoe CJA,
formerly with the prosecutor's
office, argued to exclude the
DNA expert. Judge Cronan
declined, but is offering to
delay the trial. Thread:
Judge asking why
prosecutors waited a year
before sending gun for DNA
testing by NYC Chief Medical
Examiner.
AUSA: I was not
on the case at the time.Judge:
Isn't the defendant
prejudiced? AUSA: They were on
notice. They could have
requested a Daubert hearing.
And DNA is no longer
controversial, it might have
been in 1993 when the original
expert rule was enacted.
Defense lawyer
(previously SDNY prosecutor) -
They ignored the deadline of
Aug 16, they didn't even swab
him... Let me calm down
Defense:
The expert should not be
allowed to testify. AUSA: Our
swab was only two weeks late.
The trial is Monday. Judge:
Earlier today I adjpurned a
Dec 9 trial. So that spot is
open.
Judge: I do not
find bad faith, only
negligence. We'll break here.
Judge: I am
willing to grant a continuance
of the trial - I deny the
defense motion to exclude the
DNA expert Adjourned.
On October 24,
the parties convened again.
Judge Cronan ruled the defense
can present about the danger
of the neighborhood - and that
the trial will start one day
later.
On October 30,
Inner City Press was there,
from the thread:
NYPD officer
narrating his body worn camera
footage of recovering gun on
164 Street in The Bronx,
marked 2023-09-05
18:48:22 (dusk)
Cross examination
of NYPD officer Defense
lawyer: He crashed the car
then jumped out the car window
and ran? Officer: Yes.
Defense: When did you get
access to the lot [where gun
was found]? Officer:
Approximately six minutes
The overall case
is US v. Burrell, et al.,
15-cr-95 (Cronan)
The new
case is US v. Aryeetey,
23-cr-561 (Cronan)
***
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