Judge did tie release of MS-13 witness info to reforms
Nassau Police Commissioner Patrick Ryder has been blasted by critics ever since he suggested a link between the murder of an MS-13 witness to criminal justice reforms that require witness names and addresses be turned over to suspects.
"The tragic death of (the MS-13 witness) is, unequivocally not the result of the new discovery laws," the Legal Aid Society of Nassau County said in response to Ryder's Feb. 5 news conference, according to Newsday.
"We've reviewed the court docs: he was completely wrong," a New York Times reporter tweeted on Feb. 6, referring to Ryder.
Ryder was forced to issue a statement saying he knew of no "direct link" between the beating death of witness Wilmer Maldonado Rodriguez and the reforms, which were approved by the new Democratic majority in Albany last year.
Ryder never said there was a direct link; he said at his news conference that people should draw their own conclusions based on the timing of the murder.
Maybe this is a quibble. But Nassau County Court Judge Helene Gugerty did cite criminal justice reforms as the reason why witness identifying information had to be turned over to MS-13 defense attorneys prior to a Jan. 6 trial.
But she also ordered the attorneys not to give the names to their clients.
According to the transcript of a Feb. 6 hearing --the day after Ryder's news conference-- Gugerty said "This court makes the following record...On Dec. 10 of 2019, the court held a conference for the purpose of establishing a schedule to ready this case for trial on Jan. 6 of 2010, as agreed upon by the office of the district attorney and defense counsels, and in anticipation of compliance with the new discovery laws that were to become effective Jan. 1st of 2020."
Gugerty said, "In anticipation of compliance with the new statute, it was agreed by all parties and memorialized by the court in its order that by Dec. 20th of 2019 certain discovery should be turned over to the defense counsels' eyes only, not to be shared with their clients."
"It was further ordered that defense counsel was directed not to disclose any of the material to their clients until the date of the trial" on Jan. 6.
But on Jan. 6 , District Attorney Madeline Singas' office announced it was not ready because. essentially, it couldn't find the witnesses, according to the Feb. 6 transcript. Requesting a two-week adjournment, the office asked that lawyers still not disclose witness names to their clients.
According to Ryder, that's when intimidation of two witnesses began: one was shot at. Rodrigues was beaten and then murdered.
Lawyers for two jailed MS-13 gang members were adamant at the Feb. 6 hearing that they had not given the witness names to their clients. The emphasis was on clients.
They weren't questioned as to whether the witness information was disclosed to anyone else. After all, Gugerty had said the identity information was for defense counsel's "eyes only."
There is another theory about why intimidation of witnesses started after Jan. 6.
This theory holds that MS-13 already knew who the witnesses were but held back retaliation in hopes of a plea deal for their incarcerated members. But once the Jan. 6 trial date arrived and it was apparent that Singas wasn't going to plead down the charges, the intimidation began.
Meanwhile, a 17-year-old alleged MS-13 gang member has been arrested and pleaded not guilty in the death of Rodriguez.
"The tragic death of (the MS-13 witness) is, unequivocally not the result of the new discovery laws," the Legal Aid Society of Nassau County said in response to Ryder's Feb. 5 news conference, according to Newsday.
"We've reviewed the court docs: he was completely wrong," a New York Times reporter tweeted on Feb. 6, referring to Ryder.
New Yorkers United for Justice has been running a television commercial accusing the police commissioner of misleading the public: "Ryder's disregard of the truth was reckless, irresponsible and
exactly why criminal justice reforms are needed to protect the rights of innocent people," the narrator says.
Ryder never said there was a direct link; he said at his news conference that people should draw their own conclusions based on the timing of the murder.
Maybe this is a quibble. But Nassau County Court Judge Helene Gugerty did cite criminal justice reforms as the reason why witness identifying information had to be turned over to MS-13 defense attorneys prior to a Jan. 6 trial.
But she also ordered the attorneys not to give the names to their clients.
According to the transcript of a Feb. 6 hearing --the day after Ryder's news conference-- Gugerty said "This court makes the following record...On Dec. 10 of 2019, the court held a conference for the purpose of establishing a schedule to ready this case for trial on Jan. 6 of 2010, as agreed upon by the office of the district attorney and defense counsels, and in anticipation of compliance with the new discovery laws that were to become effective Jan. 1st of 2020."
Gugerty said, "In anticipation of compliance with the new statute, it was agreed by all parties and memorialized by the court in its order that by Dec. 20th of 2019 certain discovery should be turned over to the defense counsels' eyes only, not to be shared with their clients."
"It was further ordered that defense counsel was directed not to disclose any of the material to their clients until the date of the trial" on Jan. 6.
But on Jan. 6 , District Attorney Madeline Singas' office announced it was not ready because. essentially, it couldn't find the witnesses, according to the Feb. 6 transcript. Requesting a two-week adjournment, the office asked that lawyers still not disclose witness names to their clients.
According to Ryder, that's when intimidation of two witnesses began: one was shot at. Rodrigues was beaten and then murdered.
Lawyers for two jailed MS-13 gang members were adamant at the Feb. 6 hearing that they had not given the witness names to their clients. The emphasis was on clients.
They weren't questioned as to whether the witness information was disclosed to anyone else. After all, Gugerty had said the identity information was for defense counsel's "eyes only."
There is another theory about why intimidation of witnesses started after Jan. 6.
This theory holds that MS-13 already knew who the witnesses were but held back retaliation in hopes of a plea deal for their incarcerated members. But once the Jan. 6 trial date arrived and it was apparent that Singas wasn't going to plead down the charges, the intimidation began.
Meanwhile, a 17-year-old alleged MS-13 gang member has been arrested and pleaded not guilty in the death of Rodriguez.
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