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5 TYLER TORO,
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Before:
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HON. RICHARD M. BERMAN,
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District Judge
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14 APPEARANCES
15 GEOFFREY S. BERMAN
United States Attorney for the
16 Southern District of New York
BY: ELIZABETH ANNA HANFT
17 Assistant United States Attorney
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8 about that. But you did manage to touch on some, not all, of
19 April 16, 2020 for MDC, then it says: Inmates tested, 12;
23 You probably all know this already. That was news to me. And
24 those are, you know, I guess small samples, but sort of caught
15 any other conclusions than the obvious one, that if you have
1 that is the conclusion that I drew from that letter. Maybe you
2 all know this and maybe you all know it in a different context,
5 before. I hadn't seen that letter, for one, and I hadn't seen
18 cause, but I'll let him explain it himself. And maybe this
23 to be relieved.
25 on the panel and I'm not accepting any new CJA assignments.
9 be relieved.
11 heard. I saw the letter, as you all did earlier, and it's my
15 Mr. Konoski.
18 Di Chiara.
25 those arrangements.
1 I'm not exactly sure what that reason is -- was closed down as
8 six months, and so it's that kind of thing that Ms. Shroff is
1 brought out of the footnote status and into the light of day so
23 put that aside for the moment. That includes, of course, the
4 remedies.
13 think we can put that issue to the side for now. And there's
20 who we have sentenced, you know, are now staying at the Bronx
22 now because that facility, as I said, has been closed down, but
2 not -- from my point of view, it's not the primary moving force
3 here; the primary moving force here is what we've done for
10 So just that.
12 looking for.
15 not going to accept Mr. Toro's waiver, I have emailed the CJA
16 office, and I'm just trying to see if I can get the phone
4 second, please.
13 you're aware of any of this, but current counsel for Mr. Toro
17 that he's no longer on the CJA panel. So we knew that you were
18 the CJA counsel on duty today, and we would like to have you
25 September. And Ms. Shroff, in her filings, one aspect that she
8 for you.
15 whether Ms. Shroff can continue with respect to Mr. Toro since
17 brother.
19 brother?
1 did not seek to come into play here. The client's mother
12 and they go on with life. Mr. Tyler Toro has been in lockdown
13 now for months. Not only was he in lockdown, they shipped him
14 to Allenwood, and then they shipped him back to MCC. This man,
20 not asking for CJA appointment. I'm not asking for funds to
24 happy to do. I'm also happy to work with the CJA lawyer here.
2 gave this man half the time that you gave the other brother.
10 do.
14 Mr. Toro's mother to copy the case into Mr. Toro's account,
15 which she did, and then Mr. Toro sent her back a reply, and
16 then the reply again said that MCC is going back into lockdown.
3 is advocating for.
6 about, and I was in the process, when you came on the phone, of
9 is not really very heavy lifting. There are two areas that I
13 toward the end of their sentence. I gather that that may not
23 here, and if people act the way they historically have -- that
3 I'm aware of. In the normal course, this is what would happen:
15 like, if I'm going to be involved in it, that she work with me,
17 4:00 tomorrow.
19 knows, that she is affable and works well with others, so I'm
20 sure, especially if you're on the same side that she's on, that
25 doing most of the heavy lifting here, but I'm more than happy
9 opportunity.
14 issue and we should all act expeditiously, and that's what the
5 the First Step Act, does give the Court a role to play, and
12 sentence. I don't dispute it, but it's not at all routine for
14 play any role in that Bureau of Prisons decision, and so, you
15 know, I can cite the Court to, for example, Tapia v. United
5 Mr. Toro under Section 3624(c). I'm happy to inquire about the
8 that request.
11 it's unlikely that by 4 p.m. today the MCC will have responded
14 MCC, in general, you know, and even what Mr. Toro's current
15 status is. You know, there's a set of procedures that are laid
16 out for defendants to go through here, and it's just been a few
21 about mine.
13 personally, but I don't think you should speak for the U.S.
24 the case.
8 sure that he receives what he's entitled to. And both issues
10 and who I've known for quite some time, and so I take her
17 Everybody has heard and read about the Attorney General. You,
7 take him out of harm's way during this unusual COVID pandemic.
8 That's one.
16 relevant statute right now. But I'm happy to put that letter
25 because I guess that hadn't come out yet. But you know what a
2 I'm looking for. I've got plenty of information now from you
6 got out of the way -- would happen. That's all I'm looking
7 for.
9 together with Ms. Shroff and see what she submitted, where
14 happen.
15 Anybody else?
19 sure. 516?
1 email it.
7 would impact the Court, I'm happy to send it. If it's not
14 Mr. Konoski.
19 nice day and everybody please be safe out there. Thank you.
25 his incarceration?
4 release date would have been May 5th. They said his
8 MS. HANFT: Your Honor, can I just ask, Ms. Shroff has
10 it, but is there some document that we could receive that shows
13 his family has been preparing for, but I think if you just ask
14 MCC, what's the projected date for him to go into the halfway
15 house, it would make sense that that would be the date because
7 and I have not seen that. I have reached out to the MCC. And
14 like none of us have it, and I will certainly make efforts this
17 don't have it, and I'm just certain about the September date,
18 and I don't know the May date, where that comes from, other
22 because she is the one who has been in touch with him and told
23 me that. But I think that the government can very easily check
1 certainly can check how many times the MCC has bounced him
2 around.
15 that all these prisons are emptying out, other people who owe
16 more time are emptying out, and the purpose of keeping him in
17 for the last six months cannot be met by MCC. The purpose is
23 right? But that's all I'm saying. If there's any room for
2 would prevent the two of you from meeting and conferring and
3 with CJA counsel, once you've gathered, you know, the relevant
4 data.
23 say -- and we need a date in the next week, but in the last I
4 the BOP, yeah. In each instance there was contact back and
5 forth among counsel, among themselves, with the Court, with the
9 one -- and by this one, I'm talking about the COVID pandemic --
13 interplay, including the persons who play your role, the role
10 do so.
15 10:30?
24 was a --
5 THE COURT: No, I know you do, but there actually was,
18 2 p.m.
1 is in. Thanks very much for your cooperation. And we'll talk
4 o0o
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