SDNY COURTHOUSE,
Nov 9 – Neil Cole, the brand
manager charged with financial
chicanery was freed on $1
million bond on December 5,
2019 and allowed to travel
throughout the United States
by agreement of the US
Attorney's Office, contrary to
the "SDNY and EDNY only"
restrictions they routinely
place on less affluent
defendants.
On October 6,
2021, the first jury trial
began and Inner City Press
live tweeted Day 1 here,
podcast here,
vlog here.
After a mistrial, a re-trial
has opening argument on
November 2, 2022. Inner City
Press live tweeted here
and below.
On November 3,
2021 Iconix former general
counsel testified that Cole
was a "tyrannical" control
freak, over multiple
objections, here.
On November 4,
after an investor, cooperator
Seth Horowitz took the stand.
Inner City Press tweeted here.
On November 8, in
an otherwise empty courthouse
on Election Day, the cross
examination of Horowitz began.
Inner City Press live tweeted
here
Near 2pm on
Friday, October 29, the jury
sent a note that Juror 4 would
not return on Monday. But on
Monday, November 1 a partial
(not guilty) verdict, on the
conspiracy counts. Later, the
jury returned deadlocked on
eight other counts, triggering
a mistrial, as "multiple
jurors" were still "standing
strong in their convictions."
about the case. Inner
City Press asked, Will Cole be
retried on securities fraud,
making false filings with the
SEC and improperly influencing
audits?
On November 12,
the US indicated it had not
decided.
On January 21,
2022 the US wrote it to say
"it intends to seek a retrial"
on Counts Two through Nine.
On October 30,
2022, on the eve of the
re-trial, the US specified its
opposition to Cole's
subpoenas: "The Court’s prior
opinion in this case did not,
however, hold that all
impeachment materials sought
by trial subpoenas were
necessarily “admissible”
within the meaning of Nixon,
as Cole now argues."
On November 1,
after the 15 jurors (including
three alternates) were picked
in two full days of jury
selection and left for the
day, the sides fought about
slides for their openings.
Inner City Press live tweeted
it here:
For US v Neil
Cole retrial, now with jury
selected & gone for the
day, the arguments start.
Defense:
The negotiations were led by
Mr. Horowitz. The deal didn't
close until Oct 1. I'll hand
up the unredacted version.
Judge Ramos: I
don't understand the objection
about it being too late in the
process. It's not hearsay. I
will allow it. Is the next one
about government cooperator?
AUSA: It's a big red slide, to
say, Horowitz is a bad person.
Defense: We can change the
color.
Judge Ramos: Why
don't you. I'll allow the
slide. The next is an
organizational chart. What's
the objection? AUSA: We
wouldn't have a slide saying
"GUILTY" - but if they want to
try it.... Defense: I don't
get it. Are they saying our
slide means Not-guilty?
After
estimates of 20 and 35 minutes
for opening statements, Judge
Ramos says, Try to not go
beyond, I'll look very
unhappy. Lawyers laugh -
politely or nervously. When
Horowitz: Direct this week,
cross next.
Watch this site.
Back on October
29, 2021 Inner City Press live
tweeted here:
jury note says
they must leave at 3, jurors
standing firm, and Juror 4 not
returning next week. They ask
if can render verdict on some
not all charges. "If same
jury," Judge Ramos says.
Judge Ramos: I
don't know if we can have one
jury reach decision on some
charges and other jury [with 1
alternate added] on others.
I'm thinking, No. Do you have
Allen charges ready? Counsel:
It's too early for that.
[It's 1:46 pm and jurors are
leaving at 3...]
Jury
entering! Judge Ramos: You're
asked if you can reach a
unanimous verdict as to some
counts but not others. But we
don't want a partial verdict
with this 12, and another with
another 12. Juror 4 [he is
named, but we don't], please
some to sidebar
After a long
sidebar, Judge Ramos tells
jury: Yes, you can reach
unanimous verdicts on some
counts. But we'd like you to
continue deliberating on
others. So, go and continue.
Jury exits.
Judge Ramos
is asked to them them another
note. Defense suggests: "Each
separate count must be
evaluated separately based on
the evidence or lack of
evidence." Judge Ramos does
it. US has not
objection. Judge Ramos:
This will be provided to the
jury.
On October
7, cooperator Seth Horowitz
spend the whole day on the
stand, still on direct. Inner
City Press live tweeted here.
On October
8, the cross examination of
Horowitz began, doggedly.
Inner City Press live tweeted
here.
Note: in open
court, Cole's lawyer said he wanted to cross
examining cooperation witness Seth Horowitz
about concealment of prostitution related
activities. Judge Ramos said that question
will not be allowed - and when the Assistant
US Attorney asked to seal the transcript,
Judge Ramos agreed. But it was in open
court. Can you say, #Whorowitz?
On November 9, 2023 the US wrote in
to praise Horowitz' cooperation, arguing
that "Cole's counsel unnecessarily
publicized personally embarrassing
information about Horowitz in open court.
Your Honor precluded questioning on that
topic and sealed the relevant part of the
transcript, but at least one media outlet
nontheless reporting on the information,
which had significant repercussions for some
of Horowitz' personal relationships." The
sentencing is Nov 16 at 3:30 pm.
Watch this site.
The case is US v. Horowitz,
19-cr-861 (Ramos).
***
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