EFTA00016118.pdf

Type

pdf

Source set

data-set-8

Original source

Extracted text

LAW OFFICE OF ANTHONY CECUTTI 
217 Broadway, Suite 7O7 
New York, New York 1OOO7 
Phone: 
Cell: 
Fax: 
anthonycecutti®ginail.com 
December 20, 2020 
BY ECF 
The Honorable Paul A. Engelmayer 
United States District Court Judge 
Southern District of New York 
500 Pearl Street 
New York, New York 10007 
Re: United States v. Justin Rivera; 19 Cr. 131 (PAE) 
Dear Judge Engelmayer: 
We write in advance of tomorrow's conference to further update the Court 
regarding Justin Rivera's access to discovery at the Metropolitan Correctional Center 
("MCC") and his access to counsel. 
i. 
Mr. Rivera's Access to His Laptop 
As we previously indicated, Mr. Rivera received his laptop on Tuesday, 
December 8, 2020, while in the Special Housing Unit ("SHU"). In the SHU, he was 
given his laptop each day for a minimum of 3 hours, in his cell, which he shared with 
another inmate. On Friday, December II, 2020, Mr. Rivera was transferred to a unit. 
There, he requested access to the laptop and was informed by staff that they were 
unaware of Your Honor's Order. As such, Mr. Rivera was denied access to his laptop 
from December 11, 2020 until December 14, 2020. 
In response to MCC's non-compliance, Your Honor ordered that general counsel, 
Nicole McFarland file a daily letter with the Court regarding Mr. Rivera's access to his 
laptop. Upon review of such letters, it is correct that Mr. Rivera did not agree to go to the 
law library to review discovery on his laptop on December 
17'h and 18'h. He did not 
do so because of increasing health and safety and privacy concerns, which he expressed 
to staff throughout the week. 
On Monday, December 14, 2020, following the conference, he was told for the 
first time that he would not have access to the laptop in his cell, but rather in the law 
library. He was given odd looks from staff, who conveyed their disagreement with Mr. 
Rivera. One staff member told him he was "enemy #1" and that staff are "on" him 
EFTA00016118


because he was provided …

Open in the interactive archive →