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Police Asked Detainee Why He Was Moving So Gun Talk Suppressed Now Free on 100K Bond

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

SDNY COURTHOUSE, Dec 16 – The day before gun defendant Melike McCrimmon's September 2020 bail hearing, one witness against him (his ex-wife) was dropped by the US Attorney's Office after "troubling communications to his current girlfriend" which the defense submitted but did not put in the public documents. 

  On September 16 U.S. District Court for the Southern District of New York Judge George B. Daniels held the lengthy bail hearing. Inner City Press covered it, below.

 Now on December 2, Judge Daniels held another hearing on McCrimmon - whether his answers to police questions about why he was moving while detained in a police car should be suppressed.

  Judge Daniels found that the questions, without Miranda warnings, had been designed to elicit incriminating information.

  The Assistant US Attorney cut in to ask that Judge Daniels limit the ruling to the second round of questions. Judge Daniels declined.

  Next the question of release on bond arose. The US Attorney's Office said it is still waiting for DNA results from the Chief Medical Examiner.

 Judge Daniels gave the government two weeks to get the results, or face another bond hearing with release seeming like a probable result - Inner City Press wrote at the time.

On December 16, Judge Daniels held another proceeding, and Inner City Press again covered it.  AUSA Kevin Mead said the Medical Examiner found DNA from three people - as to the defendant, the results were "uninformative."

  Judge Daniel said McCrimmon can now be released on $100,000 bond with three suretors, GPS and home incarceration (the AUSA inquired into the latter two, remaining that the previous Magistrate Judge imposed them). The case will continue.

Back in September by dropping the ex-wife as a witness, the US Attorney's Office also dropped their "danger to the community" arguments, relying instead only on risk of flight.

They emphasized previous non-appearances, and what they called a misleading of the authorities with falsified medical records.  

 McCrimmon's CJA lawyers from the Sher Tremonte firm emphasized that he is hard working.

Judge Daniels asked why he lost his job at Target and was told, Because of the pandemic. But the termination was in January 2020. Prescient? 

  Next they talked about an online platform or app for offering handyman skills.

Judge Daniels, ever practical, asked How much did you make? The answer wasn't clear.  

Ultimately Judge Daniels denied bail, but said he would push for as fast a trial as possible.

The case is US v. McCrimmon, 20-cr-343 (Daniels)


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