Transcript of Bond Modification — No. 1:20-cr-00308 (Dkt. 41, E.D.N.Y.)

Summary

The transcript of a bond modification hearing on September 28, 2021 in Brooklyn before Magistrate Judge Lois Bloom in United States v. Jeremy Trapp, 20-CR-308, in the U.S. District Court for the Eastern District of New York, filed October 13, 2021. Appearing were AUSA Sara K. Winik for the government, Federal Defenders of New York for Trapp, and Pretrial Services. Defense counsel asks for a curfew in place of home detention, stating that Trapp is often referred to job interviews scheduled at the last minute while Pretrial Services requires forty-eight hours' notice to leave the house. The transcript was produced from an electronic sound recording by eScribers.

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Case 1:20-

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UNITED STATES OF AMERICA,
Plaintiff,
vs.

JEREMY TRAPP,

Defendant.

TRANSCRIPT
BEFORE THE

APPEARANCES:

For the Plaintiff:

For the Defendant:

Also Present:

ECR OPERATOR:

cr-O0308-WFK-CLP Document 41 Filed 10/13/21 Page 1 of 15 PagelD #: 321

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

1:20-cr-00308-SJ-CLP-1

Brooklyn, NY
September 28, 2021
11:06 AM

~S~ ys wa YH YS YH YH WY WY WH

OF BOND MODIFICATION
HONORABLE LOIS BLOOM

UNITED STATES MAGISTRATE JUDGE

SARA K. WINIK, AUSA

UNITED STATES ATTORNEY'S OFFICE
Eastern District of New York
271 Cadman Plaza East

Brooklyn, NY 11201

ASHLEY MICHELLE BURRELL, ESQ.
LETICIA MARTA OLIVERA, ESQ.
VIVIANNE GUEVARA

THE FEDERAL DEFENDERS OF NEW YORK
One Pierrepont Plaza

16th Floor

Brooklyn, NY 11201

MELISSA ROMAN
PRETRIAL SERVICES

225 Cadman Plaza East
2nd Floor, South Wing
Room 219

Brooklyn, NY 11201

NO NAME PROVIDED

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Case 1:20-cr-00308-WFK-CLP Document 41 Filed 10/13/21 Page 2 of 15 PagelD #: 322

1 Rachel Wiley
eScribers

2 7227 North 16th Street
Phoenix, AZ 85020

3 www.escribers.net

4 Proceedings recorded by electronic sound recording; transcript
produced by transcription service.

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Case 1:20-tr-00308-WFK-CLP Document 41 Filed 10/13/21 Page 3 of 15 PagelD #: 323 3

Colloquy
1 THE COURT: We (audio interference) for a bond

2 modification in United States v. Jeremy Trapp, 20-CR-308.

3 Counsel, state your appearances, please, starting with
4 the Government.
5 MS. SARA K. WINIK: Good morning, Your Honor. Sara

6 Winik on behalf of the United States.

7 MS. LETICIA MARIA OLIVERA: Good morning, Your Honor.

8 Leticia Olivera, Federal Defenders of New York. I'm joined by

9 my colleague Ashley Burrell and Vivianne Guevara, a social
10 worker with our office, and we are appearing today on behalf of
11 Jeremy Trapp, who consents to appearing by telephone for

12 today's purposes.

13 MS. MELISSA ROMAN: Good morning, Your Honor. Melissa
14 Roman on behalf of Pretrial Services.

15 THE COURT: Thank you. Good morning, Ms. Winick, Ms.
16 Olivera, Ms. Burrell, Ms. Guevara, Ms. Roman.

17 And good morning to you, Mr. Trapp.

18 This was put on for a bail modification. And as a

19 background, I have been given the transcripts of the

20 proceedings before Judge Gold, Judge Bulsara, and ultimately
21 Judge Pollack, who put Mr. Trapp on to the conditions that I

22 now believe that he's being asked to modify. Which that

23 transcript is 37-3. And that proceeding was not that long ago.
24 It's Exhibit C to the current motion. And it was May 17th,

25 2021.

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cr-O0308-WFK-CLP Document 41 Filed 10/13/21 Page 4 of 15 PagelD #: 324

Colloquy

So I've read all of those papers.

I've read your letter, Ms. Burrell and Ms. Olivera.
So what is it that you want to state for the record?

MS. OLIVERA: Your Honor, Mr. Trapp has been out on
bond now for eight and a half months. During that time he has
participated in vocational programming. He has completed the
first phase of the HOPE program, which is a job-training
course. And now he is in the second phase of that program. At
the same time he is undergoing weekly treatment at New York
Forensics.

And we are requesting a curfew at this time, because
through the whole program Mr. Trapp is often referred for job
interviews, either entry-level and retail positions that are
often scheduled at the last minute. As Your Honor is likely
aware, for people on home detention the Pretrial Services
office requires forty-eight hours' notice before someone can
get permission to leave the house for an approved activity.

Mr. Trapp unfortunately has missed out on several job
interviews over the past few weeks because these interview
requests that he gets are normally the day before.

We are happy to report, though, that he did have a
phone interview this morning with Citi Bike, and was offered a
position as a bike technician.

But to give Your Honor an example of why a curfew is

necessary, he's been scheduled for orientation already for

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cr-O0308-WFK-CLP Document 41 Filed 10/13/21 Page 5 of 15 PagelD #: 325 5

Colloquy
tomorrow morning. And it's an in-person orientation. So we
can't guarantee for him right now that he would have permission
to attend that orientation, because it doesn't fall within the
window of notice that he has to give for Pretrial Services.

THE COURT: Thank you, Ms. Olivera.

Can I hear from Pretrial, please?

MS. ROMAN: Yes, Your Honor. Melissa Roman from
Pretrial Services. We do have a requirement that schedules be
requested at least forty-eight business hours in advance,
simply because of the large volume of defendants that we have
on location monitoring.

However, I would like to note that there has to my
knowledge only been one appointment that the defendant was not
given permission for. We have given him permission to attend
these last-minute appointments. There has been, again to my
knowledge, one that he was not given permission for. And I
believe it was because it was sent to us on an afternoon, 3:30
in the afternoon for the next morning at 8 or 9 o'clock.

We have worked with Mr. Trapp. We've actually also
given him permission despite the online -- the HOPE program was
conducted online. We gave him permission to attend these in
person in his attorney's office so that he wouldn't have to do
this in his home on a daily basis.

So again, we are willing to work with Mr. Trapp. But
yes, we do have that forty-eight hour advance notice, which we

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cr-O0308-WFK-CLP Document 41 Filed 10/13/21 Page 6 of 15 PagelD #: 326

Colloquy
have bent when it comes to the requests that he has given us.

THE COURT: Well, Ms. Roman, can I just ask you, we
were just informed that he successfully interviewed and that
he's being hired as a Citi Bike technician, and that there's an
orientation tomorrow. Would it be problematic to keep him on
home, I guess it's detention not incarceration -- I always get
the two confused -- and give him permission, and know where
he's going?

Because reading through every request up until this
time, a number of things ring out to me. One, he's already
been sentenced. And so even though he is entitled to the least
restrictive bail requirements for him to come back to court --
I'm sorry, he has pled and now he's waiting to be sentenced.

So we're in a different phase of the case. In addition, I
saw -- and I appreciate how much the Federal Defenders office
has worked with Mr. Trapp. I saw that you brought in Urban
Justice Center. I see Ms. Guevara's been very involved in

trying to get Mr. Trapp programs, mental health treatment, et

cetera.

But I'm not really interested -- and I'm being quite
honest, Ms. Olivera and Ms. Burrell -- I don't know anything
about this Citi Bike technician job. I don't know whether he's

going to be sent all over the city to fix bikes, or it's all
going to be in one warehouse where all the bikes are brought to
him. And the concerns that were expressed by Judge Gold, by

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Colloquy

Judge Bulsara, by Judge Pollack are still my concerns. And
again, with Judge Pollack, which was just in May, she stated,
we will know because you'll have the GPS monitor, so Pretrial
will know where you are at all times, and if you're not where
you're supposed to be, I know I'm going to get that phone call,
and that is going to be the end of it for you. That was what
Judge Pollock said in her colloquy with Mr. Trapp. And I'm not
inclined to not know where Mr. Trapp is. And you had --

MS. ROMAN: Your Honor --

THE COURT: -- said -- Ms. Burrell, you said, this
isn't the free pass, and I think I've said this already so I
won't reiterate it too many times, but basically we're just
asking that he be placed on home detention. And again, that
all activities would have to be preapproved by Pretrial. So
again, I don't think Pretrial is against Mr. Trapp taking the
job. And the Court --

MS. ROMAN: Yes.

THE COURT: -- certainly not against Mr. Trapp taking
the job.

But what I don't want is for him to be able to roam at
his liberty and us not to know where he is.

MS. ROMAN: Your Honor --

MS. ASHLEY MICHELLE BURRELL: Your Honor --

MS. ROMAN: -- if I could --

MS. BURRELL: -- this is Ashley Burrell --

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cr-O0308-WFK-CLP Document 41 Filed 10/13/21 Page 8 of 15 PagelD #: 328
Colloquy
MS. ROMAN: -- just -- I'm sorry. Ms. Burrell, go

ahead.

MS. BURRELL: Okay. And you can talk then after.

Yeah, I would just note that Pretrial does not object
to a curfew. He would still be on location and GPS monitoring.
They would know exactly where he is at all times.

And when we made that first bail application, or the
bail application in front of Judge Pollock it was from home
detention, because when we spoke to Pretrial we asked if they
would consider (audio interference) -- and I think Ms. Roman
can confirm this -- but it's rare that a client goes from home
incarceration to a curfew. There's steps that have to be
taken. So standard, even though it's -- as Your Honor knows --
post, he is still -- once the Court determines, okay, this
client's released, what are the least restrictive means. And I
think based on his compliance since May attending this program,
coming to our office to do the classes, going on job
interviews, it still (audio interference) he always is where
he's supposed to be. He gets home on time. He is in full
compliance. He's attending therapy. And that he's proven to
the Court that now the least restrictive means of release can
be a curfew.

He just received this job offer today. And again, he
won't be -- I think the same argument I made before -- it's not
like he's going to be roaming around the city to do whatever.

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Case 1:20-cr-00308-WFK-CLP Document 41 Filed 10/13/21 Page 9 of 15 PagelD #: 329

Colloquy
1 THE COURT: Do you know --
2 MS. BURRELL: We have to know --
3 THE COURT: -- whether he --
4 MS. BURRELL: -- where he is.
5 THE COURT: Ms. Burrell, do you know whether the job
6 is at a fixed site or whether he's going to be taken to
7 different sites all over the city?
8 MS. BURRELL: I don't know right now, Your Honor,

9 because he just got this job offer I think --

10 THE COURT: And how --

11 MS. BURRELL: -- this morning.

12 THE COURT: -- long is the orientation?

13 MS. BURRELL: Yeah. We literally just received an
14 email confirming that he received the job offer. So we would
15 have to call and find out all these specifics. So --

16 THE COURT: So Ms. Roman, my question is wouldn't it
17 make sense for the Court to know where this job is? And

18 hopefully that Mr. Trapp will hold on to this job longer than
19 the one day that he was previously employed at a bagel store?
20 Before I give him permission to be out on a curfew, why

21 wouldn't that be information that the Court can be supplied?

22 MS. ROMAN: Your Honor, we are in agreement that it
23 should be at a fixed location and that we have as much
24 information as possible. We just received notification this

25 morning, as Ms. Burrell stated about this job. So I don't know

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Colloquy
if this job is going to be at a fixed location (audio
interference) could travel.

I know from experience I did have one defendant prior
to the pandemic who did work for Citi Bike. And this person
did have to go to different locations. He was given I do not
know if it was a roster or just given sites where he has to
visit on any particular day to fix the bicycles. I don't know
if that remains the case with Citi Bike or it's different for
every employee.

THE COURT: So my question, Ms. Roman, wouldn't it
make sense to get more information about the nature of this
position that we can pre-approve today that even without the
forty-hour hour notice if there's a Citi Bike orientation that
he needs to attend tomorrow, we can give him permission to do
that, right? And then get more information and report back to
the Court.

Because again, I take Ms. Winik's papers seriously.
Again, the paper that Ms. Winik put in, which is document 37,
states that defendant hasn't offered a single reason that Chief
Judge Pollock's May 17th order should be modified. That under
home detention he has been able to engage in every single
activity that he claims underscores his motion to downgrade his
supervision. And then they go on to talk about the danger to
the community, which I'm not going to get to at this point. I
am happy that Mr. Trapp has successfully completed programs. I

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Colloquy
am happy to hear that he has gotten an offer for employment.
But right now, Ms. Olivera and Ms. Burrell, I don't see why I
need to do anything until there's notice given about what the
job will entail. And I do think if the job is going to require
him to be all over and at different times, that may be
different than if he was going to be at a fixed location. So
these are things that I would imagine in the next week or so
could be fleshed out.

MS. OLIVERA: Your Honor, this is Leticia Olivera. I
just want to make a few points. First of all, I don't want my
argument to be read as though we are asking for a modification
to a curfew because of any shortcomings or anything Pretrial
has not done. To the contrary, Pretrial has extended a number
of resources. And I --

THE COURT: Oh, I get it. Ms. Olivera, I get it. And
I saw that your last line was allowing Mr. Trapp to submit to a
curfew will give him more flexibility in his efforts to make
productive use of his time, it will also help conserve the
resources of the Pretrial Services office. So I don't think
that you are trying to in any way, shape, or form say that they
have not lived up to their obligations. I get it.

However, you have used a lot of resources of the
Court. This is now your fourth. I read that there was one
before Judge Levy. I didn't get that transcript with the
Government's opposition. But this is the fourth modification.

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Colloquy
And as much as Mr. Trapp is entitled to zealous representation,
and he's also entitled to try to make something positive happen
here -- and I'm more than happy that he's getting a job -- I
don't have the information I need to make a decision as to
whether Pretrial should now put him on a curfew.

MS. OLIVERA: Well, Your Honor, pursuant to the Bail
Reform Act, Mr. Trapp should only be subject to those
conditions that are necessary --

THE COURT: Ms. Olivera, I read that. I get it. But
again, you've now have four bail modification requests, the
last in May before the chief magistrate judge who took his
plea. Everything has been working out. So I don't really see
right now why I need to modify it. He hasn't been denied to do
anything. In fact, he's gotten a job. And he'll be allowed to
attend the orientation. And that information can be conveyed
to Pretrial. And perhaps the Government may consent to the
modification, if they get all the information.

MS. OLIVERA: Your Honor, I'm not optimistic that the
Government is going to consent to anything in terms of Mr.
Trapp's bond. At every step of the way they have made the same
argument (indiscernible) --

THE COURT: Ms. Olivera, you've heard from you today
that I'm not prepared to grant this without information as to
exactly what this new job will entail.

MS. OLIVERA: I understand, Your Honor. I'm just

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trying to clarify that if Mr. Trapp having demonstrated that
this close monitoring isn't necessary, that's was motivating
our request to date.

THE COURT: Except on my end, having not been the
judge on these prior proceedings, he's gotten the full
consideration of the Court. He's pled guilty and is pending
sentencing before the Honorable Sterling Johnson. So in my
mind he's gotten all the process that he deserves, and he
hasn't been held back from doing anything. And if Pretrial was
coming to me saying it's really a problem, their resources are
so stretched that they can't manage unless he goes on curfew, I
would have a different feeling about this. That's not what's
going on, Ms. Olivera. It's your office that's saying this
will help Pretrial Services. They're not the one coming to the
court and saying everything's going wonderfully with Mr. Trapp,
let's go to curfew now. It's been your office that's making
that call.

And again, I know that Mr. Trapp is getting zealous
representation, and he's entitled to that. But I'm also
entitled to take the conservative course here, which is to deny
without prejudice the curfew only because I don't know anything
about this new job. I will allow him to attend the
orientation. All of the information should be given to
Pretrial and to the Government. And if need be, you could make
your new application.

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Colloquy

MS. OLIVERA: Thank you, Your Honor.

THE COURT: Was there anything else that needed to be
addressed on behalf of the United States today?

MS. WINIK: Not from the Government. Thank you, Your
Honor.

THE COURT: And is there anything else that Pretrial
wants to chime in with?

MS. ROMAN: Nothing at this time. Thank you, Your
Honor.

THE COURT: And Mr. Trapp, I applaud that you're
trying to get work and that you have been hired. And I wish
you good luck in that job. And I imagine both your stepfather
and your mother are on this call, because they are the ones
that signed the bond. And I am not denying that there might be
a way that your monitoring can be downgraded, but I'm waiting
to hear what happens with Citi Bike. Do well at the
orientation, sir. Get somebody to speak to Pretrial about what
it's going to entail going forward. And I'm sure Ms. Olivera
and Ms. Burrell will bring the application, if there needs to
be an application, okay?

THE DEFENDANT: All right.

THE COURT: Good luck, Mr. Trapp, with the job.

With that we are adjourned. Thank you.

(Proceedings concluded at 11:25 a.m.)

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r-00308-WFK-CLP Document 41 Filed 10/13/21 Page 15o0f15PagelID#: 335 45

CERTIFICATION

I, Rachel Wiley, court-approved transcriber, do hereby
certify the foregoing is a true and correct transcript from the
official electronic sound recording of the proceedings in the

above-entitled matter.

October 8, 2021

Rachel Wiley \\ DATE

eScribers, LLC

7227 North 16th Street
Phoenix, AZ 85020
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