In Sex Trafficking Case Justin Rivera
Guilty Got 21 Years Now Rulings for Sir
Murray May 15 Trial
By Matthew
Russell Lee, Patreon Thread
SDNY COURTHOUSE,
May 8 – In the sex trafficking
trial of US v. Carl Andrews
that Inner City Press has been
reporting on despite a
partially sealed courtroom and
US Attorney withholding of
exhibits, the defense on March
14, 2020 asked for and got a
stay and then end of the
trial.
The reason?
Coronavirus COVID-19.
For that
re-trial one of the US
Attorney's Office's witnesses
is blamed for putting the
jury, court staff, and the
Press at risk (Inner City
Press witnessed and reported
on her March 12 testimony, here),
see below.
On April 21,
2021, U.S. District Court for
the Southern District of New
York Judge Paul A. Engelmayer
held a conference in the
run-up to the related US v.
Rivera trial, set for June.
On June 9, the US
Attorney's office was nearing
closing its case. On the
afternoon of June 9 victim
Natalie Rivera answered
question after question from
the Assistant US Attorney,
like:
Did you
want to keeping to prostitute
for him?
Answer: No.
What
did he mean by, you're my
bottom b-word?
Answer:
That's how pimps keep their
prostitutes.
Her
testimony came across as
forthright, as least to this
reporter. The jury filed out
at 4:55 pm, and Judge
Engelmayer arranged for
defense lawyer Anthony Cecutti
to meet with Rivera inside 40
Foley before he was taken back
to the MCC.
On June 11
until 1:12 pm, Justin Rivera's
defense lawyer gave his
closing to the 15 jurors and
alternates. He admitted, there
were guns, Justin beat
Natalie, they engaged in
prostitution business. But he
said Natalie had agency, that
she chose to prostitute
herself. He began, soon
another person will be in that
chair --
The
Assistant US Attorney
objected, and Judge Engelmayer
sustained the objection. With
the jury out to lunch, he
admonished the defense for
misstating the standard on
venue. It's not if the jury
doubts the memory of being in
Manhattan and the Bronx, it's
the preponderance of evidence.
At 5 pm on June
11, Inner City Press went back
to the courtroom, expecting to
see the jurors instructed on
not reading about the case
(here) over the weekend.
First, Judge Engelmayer
said that the jurors had
selected the foreperson, Juror
Number 1, and that he would be
sending them away for the
weekend. Then he said, There's
a been a verdict.
That was fast.
Six U.S.
Marshals came into the back
row where Inner City Press was
standing (the gallery had only
nine positions, largely taken
up with overflow counsel).
The jurors
were led in. On Count 1,
Conspiracy to commit sex
trafficking, how do you find?
The foreman said, Guilty. So
did the others when polled.
It being six
o'clock, Judge Engelmayer did
not yet set a sentencing date.
And the verdict won't be
docketed until Monday. But
it's here, just after, on
Inner City Press. And see this
live stream stand-up.
On October 11,
Judge Engelmayer sentenced
Justin Rivera to 21 years in
prison for conspiring to sex
traffic two victims, along
with five years of supervised
release.
Meanwhile in
February 2022 Sir Murray was
indicted for threatening
and/or trying to bribe
Rivera's "Victim-1." Jump cut
to Boxing Day, December 26,
2022, and Murray's second
lawyer filed in that case,
asking for statements made by
Victim-1 before any effort was
made to impact her testimony -
and offers to make an ex parte
showing why getting these is
likely to be exculpatory.
On February 17,
2023, Magistrate Judge Stewart
D. Aaron issued a five page
ruling denying Sir Murray's
application to be released on
bail: "the Government puts
forth Instagram messages sent
by Murray that it contends
reflect witness tampering ...
As Magistrate Judge Hummel
noted in the February 10, 2022
bail hearing, the Defendant
has an extensive history of
violent crime. (See 2/10/22 Tr
at 15-16.) Fourth, “the nature
and seriousness of the danger
to . . . the community that
would be posed by
[Defendant’s] release,” 18
U.S.C. § 3142(g)(4), is
significant. Defendant was on
parole when he tampered with
Victim-1. If released,
Defendant will have an even
stronger incentive to attempt
to tamper yet again, now that
his own freedom is at stake.
Taking all the foregoing into
account, the Court finds there
are no conditions or set of
conditions that could be set
which would assure the safety
of the community."
On April 7, 2023,
the US Attorney's Office
opposed Sir Murray's position
that he and his lawyer should
be able to share 3500 material
earlier than three days before
trial.
On May 1, the US
and Murray filed their
opposition to the other's
motions in limine. The US
wants to put in much evidence
of Murray's relationship with
Rivera and the gang; Murray
says it's not in dispute and
prejudicial. The trial is
scheduled for May 15.
On May 8, Judge
Schofield ruled on the
Government's motions in
limine: "it is ORDERED that
the Government's application
to: (i) permit introduction of
Defendant's co-conspirators'
statements is GRANTED, subject
to Rule 403 analysis; (ii)
permit introduction of
evidence of Defendant's and
Rivera's shared gang
affiliation, their narcotics
trafficking and Defendant's
attempt to obtain a gun from
Rivera is GRANTED as to gang
affiliation and DENIED as to
narcotics and guns; (iii)
permit introduction of
evidence concerning the Rivera
Trial is GRANTED as to
evidence concerning the fact
of the trial, the role of
Victim-1 and the maximum
penalty and DENIED to the
extent that any mention or
evidence of sex trafficking is
excluded; (iv) exclude
questioning and evidence about
the truth of Victim-1's
testimony at the Rivera Trial
is GRANTED; (v) exclude
questioning and evidence
concerning the Government's
past immunization of Victim-1
for criminal exposure for sex
trafficking is GRANTED; (vi)
permit the Government to
cross-examine Defendant
regarding his prior felony
assault convictions in the
event he testifies is GRANTED
in that the Government may
elicit that the Defendant has
these prior felony
convictions, and is otherwise
DENIED; (vii) exclude evidence
or argument concerning
Defendant's family background
or other personal factors
unconnected to guilt and
discussion of punishment is
DENIED without prejudice as to
family background or personal
characteristics and GRANTED as
to any discussion of
punishment. The Clerk of Court
is respectfully directed to
close the motion at Dkt. No.
60. (Signed by Judge Lorna G.
Schofield on 5/8/2023)."
This case is US
v. Murray, 22-cr-76
(Schofield)
Watch this site.
The
underlying case is now US v. Rivera,
19-cr-131 (Engelmayer).
***
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