EXTRA: Guilty Verdict In Murder Trial of Israel Garcia Then Order No One Speak to Jurors Even Press
More courtroom (and hallway) details here below the fold / paywall line
By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, July 19 – Jevaun Charles and others including Israel Garcia were charged in a narcotics conspiracy, with guns.
On August 2, 2021 U.S. District Court for the Southern District of New York Judge Jed S. Rakoff held back to back bond hearings. Inner City Press covered them both.
Jump cut to February 2023. With co-defendant Israel Garcia facing a March trial date, on February 16 his indicted was superseded to include the murder of Alphonso McClinton a/k/a Joey by Morris Avenue and 182nd Street in The Bronx, and witness tampering about it.
The AUSA on February 17, with Inner City Press in the courtroom, told Judge Rakoff they've asked Main Justice about the death penalty, and should know by March. The trial was pushed back to July 10 (Judge Rakoff said he and his wife have entered a ballroom dancing competition in Rome in early August, given rise to good-natured - or envious - laughter from all sides).
A week before trial set for July 10, counsel for Israel Garcia filed a lengthy request to charge - and opposition, including a screen shot of the publication date of "Talkin Hot."
At the final pre-trial conference on July 7, Judge Rakoff excluded a rap video. Then it emerged that the prosecutors aim to get in a second video, on which Garcia raps. Judge Rakoff said he's inclined to exclude that too, on July 10, which would make a defense rap expert moot.
The prosecutors made a record that Garcia is convicted faces life imprisonment - mandatory. Judge Rakoff said 83% of Federal judges oppose mandatory minimums, adding that they impose a trial penalty. But, he said, he would be required to impose the law of the land. Inner City Press is covering the case.
On July 10 the jury was picked and the trial began. The US played audio of 911 calls of man shot on 182nd Street and Morris Avenue, and put a NYPD patrolperson of the time on the stand.
On July 12, with a cooperator on the stand saying he didn't remember saying the shooter wore blue New Balance, the court room was sealed, then sidebars.
On July 13, Inner City Press was told it could not enter Courtroom 14B but rather an overflow courtroom on the 24th floor. There staff arranged a feed of audio, with the camera pointed at the ceiling. This meant not being able to see not only the witness' face, but also the exhibits, which are supposed to be public.
On July 14, a witness in a ski or skull cap identified himself in NYPD videos of crack purchases on Morris and 184, and another associated named Kenny with a torquoise skull cap and I-84 tattoo which, the witness said, stood for the 184 in 184 Street. The sale of 18 dimes was split between two dealers. The stage was and is being set.
On July 17, the US put on the stand a witness about what Garcia said in the MDC - the witness would have been deported to Jamaica but for his cooperation agreement. He was asked about the deferral of action, presented as a stronger incentive for testimony even than a 5K1 letter.
On July 19, after the jury asked for the testimony of cooperators - and delayed by another proceeding for which the courtroom was sealed - the jury returned with all guilty verdicts on Garcia, including murder. A woman in the gallery cried out; another left the room.
Rule 29 and 33 motions were denied. Judge Rakoff said given the witness tampering and other issues in the case, no one in the courtroom could talk to the jurors. Counsel, he later said, could request permission by written motion. And the media?
Sentencing was set for October 20 at 9:30 am
More details below the fold / paywall line here:
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