Transcript of Proceedings — USA v. Ilori et al. (Dkt. 57, S.D.N.Y.)

Record facts

U.S. District Court for the Southern District of New York · No. 1:21-cr-00746-MKV · Doc. 57 · 2022-07-08 · Docket on CourtListener

Full text

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M616RECC                 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
------------------------------x 
 
UNITED STATES OF AMERICA,                
 
           v.                           21 CR 746(MKV) 
 
CHRIS RECAMIER, 
 
               Defendant. 
 
------------------------------x 
 
                                        New York, N.Y. 
                                        June 1, 2022 
                                        11:30 a.m. 
Before: 
 
HON. MARY KAY VYSKOCIL, 
 
                                        District Judge 
 
APPEARANCES 
 
 
DAMIAN WILLIAMS, 
     United States Attorney for the 
     Southern District of New York 
BY:  JULIE MURRAY 
     Assistant United States Attorney 
 
LORRAINE GAULI-RUFO 
     Attorney for Defendant  
     (Outgoing counsel) 
 
QUINN EMANUEL URQUHART & SULLIVAN LLP 
     Attorney for Defendant  
BY:  MARC GREENWALD 
     (Incoming counsel) 
 
 
 
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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M616RECC                 
(Case called) 
MS. MURRAY:  Good morning, your Honor.
Julianna Murray on behalf of the United States.
THE COURT:  Good morning.
MR. GREENWALD:  Good morning, your Honor.
MS. GAULI-RUFO:  Good morning, your Honor.
Lorraine Gauli-Rufo on behalf of Mr. Recamier.
THE COURT:  Good morning.  And you are Mr. Greenwald?
MR. GREENWALD:  Yes.
THE COURT:  You are CJA counsel?
MR. GREENWALD:  Yes.  On duty today.
THE COURT:  And you are Mr. Recamier?
THE DEFENDANT:  Yes, ma'am.
THE COURT:  Good morning to our court reporter.  Thank
you for being here.
I have received first a letter, well an affidavit,
actually, from Mr. Recamier, a motion to remove counsel and to
appoint new CJA counsel that was promptly followed by a letter
from Ms. Gauli-Rufo to the Court saying in light of the fact we
have an imminent trial date, July 13 in this case, requested
that I please schedule this for a hearing.  And we are here
today for purposes of that hearing.  So, Ms. Gauli-Rufo, I'll
hear from you first.
MS. GAULI-RUFO:  Thank you, your Honor.  
Your Honor, I received the affidavit that the Court
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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M616RECC                 
also received that was written by Mr. Recamier.  Mr. Recamier
seems to be unhappy with my representation.  He has voiced that
in his affidavit.  He's requesting new counsel at this point.
Your Honor, I defer to the Court in its decision whether to
replace me or not.  
As I said, he seems to have serious issues, enough to
raise it with the Court.  And as far as I can tell you, your
Honor, I did not have issues with representing Mr. Recamier,
but I do understand how he feels, so I would ask the Court to
address his issues.
THE COURT:  All right.  Mr. Greenwald, have you had an
opportunity to speak with Mr. Recamier?
MR. GREENWALD:  Yes, your Honor, briefly.  I spoke to
him just briefly in the courtroom lockup right before this
appearance but not at length.
THE COURT:  Do you wish to be heard on his behalf, or
would you like him to address the Court directly?
MR. GREENWALD:  Your Honor, I have not read the
affidavit, so I'm not in a position to speak on his behalf.
THE COURT:  All right.  Sir, I, as you know, have set
this case down for trial on July 18.  I tell parties at the
time that they're arraigned, if you have appointed counsel, if
you have an issue with your counsel, you need to let the Court
know that as soon as possible because I will not delay a trial
because of a late request for appointment of new counsel.
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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M616RECC                 
Having said that, obviously, you need to be able to work with
your counsel, and if you feel that your counsel is not able to
adequately represent you, I will appoint new counsel, if
Mr. Greenwald is available to take on the representation.  But
we have a trial date of July 13.  So is there anything you want
to tell the Court?
THE DEFENDANT:  Well, exactly like I said in the
affidavit, I don't feel like I have the right representation at
this time.
THE COURT:  Mr. Greenwald, are you available to take
on representation?
MR. GREENWALD:  I have do some depositions scheduled
at that time, but I can -- a trial in federal court, I will do
my best to move those depositions.  I have partners who can
appear on my behalf.  So we can accept the assignment.  And I
can't make a representation having not seen --
THE COURT:  No.  So let me tell you the schedule in
the case.  I'm really asking you from a conflicts point of view
and otherwise.  Are you prepared to take on the representation?
MR. GREENWALD:  Yes, your Honor.
THE COURT:  All right.  So I will grant the motion,
Ms. Gauli-Rufo.  Mr. Recamier made the motion himself, you then
filed the letter basically joining in that motion.  I will
grant the motion and relieve Ms. Gauli-Rufo of her
representation of you, sir.  I will appoint Mr. Greenwald, who
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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M616RECC                 
has represented that he is available and prepared to take on
that representation.
We have a conference scheduled for next week in this
case, June 7, at 11:00 a.m.  Mr. Greenwald, between now and
then, you should try to get up to speed on the case.  
Ms. Gauli-Rufo, I assume you'll remain available to
talk to Mr. Greenwald and educate him about the case, and
Mr. Greenwald, you'll reach out both to Ms. Gauli-Rufo and to
Mr. Recamier and get up to speed.  And I will see everyone next
week, then, on June 7 at 11:00 o'clock to talk about the case.
There is an outstanding motion to suppress, which was
made by Mr. Recamier's codefendant.  It's my understanding he's
filed a letter joining in that motion.  So we will have a
ruling in advance of the hearing next week in connection with
that motion.
And as I said, the case is set for trial on July 13
with a final pretrial conference on July 6 at 11:00 a.m.  So I
will talk to you next week about where things stand and whether
you've been able to get up to speed.
MR. GREENWALD:  Yes, your Honor.
THE COURT:  Mr. Recamier, I'm warning you now, the
Court is not going to grant seriatim motions for new counsel.
You have the right to be represented, and counsel has been
appointed for you now twice, but you do not get to just keep
saying I don't agree and I don't like the advice they're giving
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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
M616RECC                 
me and so I want a new lawyer.  They are trained professionals
who, with all due respect to you, may know best what the law
is.  Obviously, you're the client, and at the end of the day,
it's your decision, nobody else's, whether to go to trial or
whether to enter a plea in the case or how to handle your
defense.  But I would suggest to you that you give some
deference to the training and professionalism of the people who
have volunteered to represent you.  Understood, sir?
THE DEFENDANT:  Yes, ma'am.
THE COURT:  All right.  Anything else that we should
talk about?
MS. MURRAY:  No, your Honor.  Thank you.
THE COURT:  Mr. Greenwald?
MR. GREENWALD:  No, your Honor.
THE COURT:  All right.  Ms. Gauli-Rufo, I thank you
for your service in representing Mr. Recamier and your
willingness talk with Mr. Greenwald.  
We are adjourned.  Thank you.  I'll see you next week.
(Adjourned) 
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