at the time of the arrests. The people’s allegation that my client had stash on her at the time of the arrest is borderline disingenuous or at least not fully ingenuous let’s say. We know that the way these buy and busts work is that an undercover posing as an addict will approach people as they leave their methadone clinic on a day when they will be receiving an extra bottle. Therefore the fact that when my client is arrested she is in possession of methadone is not evidence of guilt but rather of innocence. If she had intended to sell her methadone then one would expect that she would have done so since she was obviously in the immediate vicinity of a willing buyer. So the characterization of the methadone that she possessed as
stash
is plainly incorrect. In the absence of any concrete evidence, what the people are left to allege is that my client looked up and down the street while the codefendant made the sale. That is clearly insufficient to constitute acting in concert judge. So I believe that this will ultimately prove to be a legally insufficient case and I would be shocked if the DA actually presented this case to the grand jury with respect to my client. As far as her personal circumstances are concerned you can see that she’s obviously pregnant with her first child. She’s in very poor health having only recently been released from the hospital following transfusions necessitated by hepatitis. Additionally, she also has a terminal illness that she’s on medication for. As far as her community ties, although CJA failed to confirm them, she has shown me identification from the hotel she lives in with her husband and which is provided by D.A.S. Given these factors, she’s obviously not going to be able to make any bail so I ask you to release her judge.
Are you requesting medical attention?
I’m requesting that you release her which is the obvious—
I’m not doing that. Bail is set in the amount of five thousand dollars. Case is adjourned to the 180.80 date in Part N, that’s N as in narcotics . . . narcotics.
Your honor why are you setting bail on such a weak case; where’s she going to go?
Counsel, bail is set and I’m not going to listen to any further argument.
Well why not make five thousand the bond amount and set a far lower cash alternative.
I would characterize what you just said as further argument.
More like incredulity at your ruling.
Well keep expressing it and you’re going to see the bail double.
In that case, being that my pregnant, terminally ill client is going to be incarcerated on this airtight, earth-shatteringly serious case I
am
requesting medical attention.
Medical attention ordered.
P. D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Next case is docket ending 653—
People versus Ben Glenn
. Defendant is charged with Criminal Mischief in the Fourth Degree on the sworn complaint of Officer Jackson. Counsel do you waive the reading of the rights and charges but not the rights thereunder?
Yes.
People notices?
People are serving statement notice. The defendant stated, in thum and substance to the arresting officer at the time and place of arrest:
I kicked in the window for sure
.
But look in me and see that my motives were pure
.
Your honor the people are requesting that the defendant be 730’d. Apparently, the officers in this case indicate that the defendant was speaking very strangely and I see that his previous case was dismissed following a 730 examination.
Counsel?
Well I don’t think it’s the people’s role to come in and request that a defendant be 730’d. The relevant question, it seems to me, is whether I can communicate with him and whether I feel that he understands the nature of the proceedings against him.
So what do you want to do with the case?
I want you to give him time served on a plea.
People?
We’re recommending six months on a plea your honor. The
stash
is plainly incorrect. In the absence of any concrete evidence, what the people are left to allege is that my client looked up and down the street while the codefendant made the sale. That is clearly insufficient to constitute acting in concert judge. So I believe that this will ultimately prove to be a legally insufficient case and I would be shocked if the DA actually presented this case to the grand jury with respect to my client. As far as her personal circumstances are concerned you can see that she’s obviously pregnant with her first child. She’s in very poor health having only recently been released from the hospital following transfusions necessitated by hepatitis. Additionally, she also has a terminal illness that she’s on medication for. As far as her community ties, although CJA failed to confirm them, she has shown me identification from the hotel she lives in with her husband and which is provided by D.A.S. Given these factors, she’s obviously not going to be able to make any bail so I ask you to release her judge.
Are you requesting medical attention?
I’m requesting that you release her which is the obvious—
I’m not doing that. Bail is set in the amount of five thousand dollars. Case is adjourned to the 180.80 date in Part N, that’s N as in narcotics . . . narcotics.
Your honor why are you setting bail on such a weak case; where’s she going to go?
Counsel, bail is set and I’m not going to listen to any further argument.
Well why not make five thousand the bond amount and set a far lower cash alternative.
I would characterize what you just said as further argument.
More like incredulity at your ruling.
Well keep expressing it and you’re going to see the bail double.
In that case, being that my pregnant, terminally ill client is going to be incarcerated on this airtight, earth-shatteringly serious case I
am
requesting medical attention.
Medical attention ordered.
P. D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Next case is docket ending 653—
People versus Ben Glenn
. Defendant is charged with Criminal Mischief in the Fourth Degree on the sworn complaint of Officer Jackson. Counsel do you waive the reading of the rights and charges but not the rights thereunder?
Yes.
People notices?
People are serving statement notice. The defendant stated, in thum and substance to the arresting officer at the time and place of arrest:
I kicked in the window for sure
.
But look in me and see that my motives were pure
.
Your honor the people are requesting that the defendant be 730’d. Apparently, the officers in this case indicate that the defendant was speaking very strangely and I see that his previous case was dismissed following a 730 examination.
Counsel?
Well I don’t think it’s the people’s role to come in and request that a defendant be 730’d. The relevant question, it seems to me, is whether I can communicate with him and whether I feel that he understands the nature of the proceedings against him.
So what do you want to do with the case?
I want you to give him time served on a plea.
People?
We’re recommending six months on a plea your honor. The
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