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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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