USA v. Frazer

7:22-cr-00665 | New York Southern District Court

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Division White Plains
Judge Judge Philip M. Halpern
Filed Dec. 6, 2022
Terminated June 20, 2024
Case Flags CLOSED and ECF
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Filing Date # Docket Text
9/23/2024 FINAL ORDER OF FORFEITURE as to (S1 22-Cr-665) Oldamo Frazer. WHEREAS, on or about June 20, 2024, this Court entered a Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment (the "Preliminary Order of Forfeiture") (D .E. 98), which ordered the forfeiture to the United States of all right, title and interest of OLDAMO FRAZER (the "Defendant") in the following property: 1. $1,903.00 in United States currency seized on or about October 13, 2022, from the Defendant's residence in Poughkeepsie, NY; (the "Specific Property");...[*** See this Final Order of Forfeiture ***]... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title and interest in the Specific Pro perty is hereby forfeited and vested in the United States of America, and shall be disposed of according to law. 2. Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear titl e to the Specific Property. 3. The United States Marshals Service (or its designee) shall take possession of the Specific Property and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). SO ORDERED: (Signed by Judge Philip M. Halpern on 9/23/2024) (bw)
9/20/2024Declaration in Support (non-motion)
9/20/2024Letter Motion
9/20/2024Service by Publication
6/20/2024JUDGMENT IN A CRIMINAL CASE as to Oldamo Frazer (1). The Defendant was found guilty on Count 1, 2 and 3 of the S1 Indictment after a plea of not guilty. The underlying indictment is dismissed on the motion of the United States. IMPRISONMENT: 78 months on Counts 1, 2 and 3, such terms to run concurrently. The Court recommends to the Bureau of Prisons that the Defendant be designated to a FCI as close as possible to Poughkeepsie, New York, with the exception of MDC Brooklyn, and the Defendant participate in the Residential Drug Abuse Program (RDAP). The Court will issue a separate order regarding providing Defendant with appropriate medical treatment. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years as to Counts 1 and 3 and 4 years as to Count 2 of the Indictment, such terms of supervised release to be served concurrently. ASSESSMENT: $300.00 due immediately. (Signed by Judge Philip M. Halpern on 6/20/2024) (lnl) (Entered: 06/20/2024)
6/20/2024DISMISSAL OF COUNTS on Government Motion as to Oldamo Frazer (1) Count 1-3. (lnl) (Entered: 06/20/2024)
6/20/2024CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Oldamo Frazer. (Signed by Judge Philip M. Halpern on 6/18/2024) (See ORDER as set forth) (lnl) (Entered: 06/20/2024)
6/18/2024Minute Entry for proceedings held before Judge Philip M. Halpern: Sentencing held on 6/18/2024 for Oldamo Frazer (1) Count 1s-2s,3s. Defendant Oldamo Frazer present with his attorneys Daniel Hochheiser, Esq. and Diane Ferrone, Esq. AUSA Kingdar Prussien, Esq. present. Court Reporter is Sue Ghorayeb. The Court imposed a sentence of 78 months' imprisonment on Counts 1, 2 and 3 of the Indictment to run concurrently, including the 60-month mandatory minimum term of imprisonment on Count 2, to be followed by three years of supervised release as to Counts 1 and 3 and 4 years of supervised release as to Count 2 of the Indictment, such terms of supervised release to be served concurrently. Defendant shall pay a special assessment of $100 per count for a total of $300, which is due immediately. Money Judgment signed in the amount of $1903. Defendant was advised of his right to appeal within 14 days from the entry of judgment. Defendant is remanded. Additional conditions, see Judgment. (lnl) (Entered: 06/20/2024)
6/4/2024SENTENCING SUBMISSION by USA as to Oldamo Frazer. (Prussien, Kingdar) (Entered: 06/04/2024)
5/28/2024SENTENCING SUBMISSION by Oldamo Frazer. (Attachments: # 1 Exhibit Certificates, # 2 Exhibit Integrity House Program, # 3 Exhibit Letter by Oldamo Frazer to Court, # 4 Exhibit Letter in Support Leniency)(Hochheiser, Daniel) (Entered: 05/28/2024)
4/20/2024TRANSCRIPT of Proceedings as to Oldamo Frazer re: Conference held on 11/6/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Angela Shaw-Crockett, (914) 390-4242, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2024. Redacted Transcript Deadline set for 5/21/2024. Release of Transcript Restriction set for 7/19/2024. (Shaw-Crockett, Angela) (Entered: 04/20/2024)
4/20/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Oldamo Frazer. Notice is hereby given that an official transcript of a Conference proceeding held on 11/6/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Shaw-Crockett, Angela) (Entered: 04/20/2024)
2/3/2024TRANSCRIPT of Proceedings as to Oldamo Frazer re: Trial held on 12/8/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Tabitha Dente, (914) 390-4027, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/26/2024. Redacted Transcript Deadline set for 3/5/2024. Release of Transcript Restriction set for 5/3/2024. (Dente, Tabitha) (Entered: 02/03/2024)
2/3/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Oldamo Frazer. Notice is hereby given that an official transcript of a Trial proceeding held on 12/8/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Dente, Tabitha) (Entered: 02/03/2024)
2/3/2024TRANSCRIPT of Proceedings as to Oldamo Frazer re: Trial held on 12/7/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Tabitha Dente, (914) 390-4027, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/26/2024. Redacted Transcript Deadline set for 3/5/2024. Release of Transcript Restriction set for 5/3/2024. (Dente, Tabitha) (Entered: 02/03/2024)
2/3/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Oldamo Frazer. Notice is hereby given that an official transcript of a Trial proceeding held on 12/7/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Dente, Tabitha) (Entered: 02/03/2024)
2/3/2024TRANSCRIPT of Proceedings as to Oldamo Frazer re: Trial held on 12/4/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Tabitha Dente, (914) 390-4027, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/26/2024. Redacted Transcript Deadline set for 3/5/2024. Release of Transcript Restriction set for 5/3/2024. (Dente, Tabitha) (Entered: 02/03/2024)
2/3/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Oldamo Frazer. Notice is hereby given that an official transcript of a Trial proceeding held on 12/4/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Dente, Tabitha) (Entered: 02/03/2024)
1/16/2024TRANSCRIPT of Proceedings as to Oldamo Frazer re: Trial held on 12/6/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2024. Redacted Transcript Deadline set for 2/16/2024. Release of Transcript Restriction set for 4/15/2024. (Ginsberg, Darby) (Entered: 01/16/2024)
1/16/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Oldamo Frazer. Notice is hereby given that an official transcript of a Trial proceeding held on 12/6/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Ginsberg, Darby) (Entered: 01/16/2024)
1/16/2024TRANSCRIPT of Proceedings as to Oldamo Frazer re: Trial held on 12/5/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2024. Redacted Transcript Deadline set for 2/16/2024. Release of Transcript Restriction set for 4/15/2024. (Ginsberg, Darby) (Entered: 01/16/2024)
1/16/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Oldamo Frazer. Notice is hereby given that an official transcript of a Trial proceeding held on 12/5/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Ginsberg, Darby) (Entered: 01/16/2024)
1/16/2024TRANSCRIPT of Proceedings as to Oldamo Frazer re: Trial held on 12/04/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2024. Redacted Transcript Deadline set for 2/16/2024. Release of Transcript Restriction set for 4/15/2024. (Ginsberg, Darby) (Entered: 01/16/2024)
1/16/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Oldamo Frazer. Notice is hereby given that an official transcript of a Trial proceeding held on 12/4/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Ginsberg, Darby) (Entered: 01/16/2024)
12/8/2023JURY VERDICT as to Oldamo Frazer (1) Guilty on Count 1s-2s,3s. (lnl) (Entered: 06/20/2024)
12/8/2023Oral Order of Referral to Probation for Presentence Investigation and Report as to Oldamo Frazer. (Signed by Judge Philip M. Halpern on 12/8/2023) (ap) (Entered: 12/08/2023)
12/8/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Jury Trial as to Oldamo Frazer held on 12/8/2023. Defendant Oldamo Frazer present with counsel Daniel Hochheiser Esq. and Diane Ferrone, Esq. AUSAs Kingdar Prussien, Jeffrey Coffman and Qais Ghafary are present. Paralegal Liam Ronin and Special Agent Caleb Taylor are also present. Jury deliberations continue. Jury returns a verdict finding: Defendant Guilty as to Count One of the S1 Superseding Indictment; Defendant Guilty as to Count Two of the S1 Superseding Indictment; Defendant Guilty as to Count 3 of the S1 Superseding Indictment; and the jury further answers the special interrogatories as set forth in the Verdict Sheet. Jury polled and verdict unanimous. PSR is ordered for the Defendant. The Court schedules Defendant's sentencing for 6/18/2024 at 2:30 p.m. Sentencing submissions by Defendant is due 3 weeks prior to sentencing, and the Government's 2 weeks prior to sentencing. See transcript. (Sentencing set for 6/18/2024 at 02:30 PM before Judge Philip M. Halpern) (Court Reporter Tabitha Dente) (ap) (Entered: 12/08/2023)
12/7/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Jury Trial as to Oldamo Frazer held on 12/7/2023. Defendant Oldamo Frazer present with counsel Daniel Hochheiser Esq. and Diane Ferrone, Esq. AUSAs Kingdar Prussien, Jeffrey Coffman and Qais Ghafary are present. Paralegal Liam Ronin and Special Agent Caleb Taylor are also present. Court Reporters are Tabitha Dente and Darby Ginsberg. The court hears witness testimony and evidence is received. Defendant rests his case. The Court hears closing arguments and issues the jury charge. Jury deliberations begin. The trial will continue on 12/8/2023. See transcript. (bw) (Entered: 12/08/2023)
12/6/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Jury Trial as to Oldamo Frazer held on 12/6/2023. Defendant Oldamo Frazer present with counsel Daniel Hochheiser Esq. and Diane Ferrone, Esq. AUSAs Kingdar Prussien, Jeffrey Coffman and Qais Ghafary are present. Paralegals Liam Ronin and Teresa Leo are present. Special Agent Caleb Taylor is also present. Court Reporters are Tabitha Dente and Darby Ginsberg. The court hears witness testimony and evidence is received. The Government rests its case. The Court denies Defendant's motion pursuant to Federal Rule of Criminal Procedure 29(a) as to Counts 1, 2 and 3 of the Superseding Indictment. The Court hears additional witness testimony and evidence is received. The trial will continue on 12/7/2023. See transcript. (bw) (Entered: 12/07/2023)
12/5/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Jury Trial as to Oldamo Frazer held on 12/5/2023. Defendant Oldamo Frazer present with counsel Daniel Hochheiser Esq. and Diane Ferrone, Esq. AUSAs Kingdar Prussien, Jeffrey Coffman and Qais Ghafary are present. Paralegals Liam Ronin and Teresa Leo are present. Special Agent Caleb Taylor is also present Court Reporters are Tabitha Dente and Darby Ginsberg. The Court excuses Juror No. 5. The Court denies Defendant's motion for a mistrial. The court hears witness testimony and evidence is received. The Court will permit the Government's witness to testify via video due to exceptional circumstances and in the interest of justice. The trial will continue on 12/6/2023. See transcript. (job) (Entered: 12/06/2023)
12/5/2023OPINION & ORDER as to Oldamo Frazer re: 60 MOTION in Limine LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 11 19 2023 re: Preclude Expert Testimony or for Daubert Hearing filed by Oldamo Frazer. For the reasons set forth below, Defendant's motion in limine is DENIED. Accordingly, Defendant's motion with respect to Astrakhan is DENIED. Accordingly, Defendant's motion as to Herdman is DENIED. Defendant's request for a Daubert hearing is, accordingly, DENIED. The Clerk of Court is respectfully requested to terminate the motion pending at Doc. 60. (Signed by Judge Philip M. Halpern on 12/5/23)(jw) (Entered: 12/05/2023)
12/5/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 12 5 2023 re: 77 Letter re: Objections to government application to re-test GX5 and substitute expert mid-trial . Document filed by Oldamo Frazer. (Hochheiser, Daniel) (Entered: 12/05/2023)
12/4/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Voir Dire held on 12/4/2023 as to Oldamo Frazer. Defendant Oldamo Frazer present with counsel Daniel Hochheiser Esq. and Diane Ferrone, Esq. AUSAs Kingdar Prussien, Jeffrey Coffman and Qais Ghafary are present. Paralegals Liam Ronin and Teresa Leo are present. Special Agent Caleb Taylor is also present Court Reporters are Tabitha Dente and Darby Ginsberg. The Court denied Defendant's motion for reconsideration to preclude the testimony of Inspector Hernandez (Doc. 69) and motion in limine to preclude expert testimony (Doc. 60) as set forth more fully on the record. Jury selection held on 12/4/2023. Jury panel of twelve (12) and two (2) alternates sworn from pool of 50 prospective jurors. Trial begun on 12/4/2023. The court hears opening arguments from the parties and witness testimony and evidence is received. The trial will continue on 12/5/2023. See transcript. (jbo) (Entered: 12/05/2023)
12/4/2023 LETTER by USA as to Oldamo Frazer addressed to Judge Philip M. Halpern from Jeffrey C. Coffman dated December 4, 2023 re: Positive COVID-19 Test and Re-Testing of GX 5 Document filed by USA. (Coffman, Jeffrey) (Entered: 12/04/2023)
12/4/2023MEMO ENDORSEMENT 72 LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 12 1 2023 re: End Trial Proceedings no later than 3:30pm on Friday 12/8/2023 for Sabbath observance of counsel as to Oldamo Frazer...ENDORSEMENT...Application granted. SO ORDERED (Signed by Judge Philip M. Halpern on 12/4/23) (jw) (Entered: 12/04/2023)
12/4/2023LETTER RESPONSE in Opposition by USA as to Oldamo Frazer addressed to Judge Philip M. Halpern from United States of America dated December 4, 2023 re: 69 LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated November 29, 2023 re: 33 MOTION to Exclude Expert Testimony and Evidence; and Defendants Opposition to Governments 8/8/23 Motions in Limine. re: Recon MOTION in Limine .. (Attachments: # 1 Exhibit A - Supplemental Rule 16 Notice)(Ghafary, Qais) (Entered: 12/04/2023)
12/3/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Dan dated December 3, 2023 re: 60 MOTION in Limine . LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 11 19 2023 re: Preclude Expert Testimony or for Daubert Hearing . re: Reply in further support of motion to preclude government's expert testimony or for Daubert hearing Reply to ECF 67. Document filed by Oldamo Frazer. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hochheiser, Daniel) (Entered: 12/03/2023)
12/1/2023ORDER as to Oldamo Frazer: The Government is directed to respond to Defendant's motion for reconsideration of his motion in limine to preclude expert testimony (Doc. 69) by December 4, 2023 at 9:00 a.m. (Responses due by 12/4/2023) (Signed by Judge Philip M. Halpern on 12/1/2023) (ap) (Entered: 12/01/2023)
12/1/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 12 1 2023 re: End Trial Proceedings no later than 3:30pm on Friday 12/8/2023 for Sabbath observance of counsel . Document filed by Oldamo Frazer. (Hochheiser, Daniel) (Entered: 12/01/2023)
11/30/2023DECLARATION of C. Herdman (Corrected), Exhibit E in Support by USA as to Oldamo Frazer re: 67 Reply Memorandum of Law in Opposition to Motion,. (Ghafary, Qais) (Entered: 11/30/2023)
11/30/2023DECLARATION of E. Pascual (Corrected), Exhibit D in Support by USA as to Oldamo Frazer re: 67 Reply Memorandum of Law in Opposition to Motion,. (Ghafary, Qais) (Entered: 11/30/2023)
11/29/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated November 29, 2023 re: 33 MOTION to Exclude Expert Testimony and Evidence; and Defendants Opposition to Governments 8/8/23 Motions in Limine. re: Reconsider Decision Denying Motion to Preclude Testimony of Alfred Hernandez and order additional Rule 16 disclosure ., MOTION in Limine . Document filed by Oldamo Frazer. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hochheiser, Daniel) (Entered: 11/29/2023)
11/29/2023NOTICE OF ATTORNEY APPEARANCE Jeffrey Coffman appearing for USA. (Coffman, Jeffrey) (Entered: 11/29/2023)
11/28/2023 REPLY MEMORANDUM OF LAW in Opposition by USA as to Oldamo Frazer re: 60 MOTION in Limine . LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 11 19 2023 re: Preclude Expert Testimony or for Daubert Hearing . . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Prussien, Kingdar) (Entered: 11/28/2023)
11/27/2023OPINION & ORDER as to Oldamo Frazer: Oldamo Frazer ("Defendant") stands charged in a three-count S1 Superseding Indictment with possession with intent to distribute cocaine base, para-fluorofentanyl, and cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), 841(b)(1)(C). (Doc. 53). Before the Court is Defendants motion in limine to exclude certain proposed Government exhibits filed on October 20, 2023. (Doc. 50, Def. Br.). The Government filed its opposition, in accordance with the deadline set by the Court, on November 20, 2023. (Doc. 61, "Gov. Br."). For the foregoing reasons, Defendant's motion in limine is DENIED. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/24/2023) (See OPINION & ORDER as set forth) (lnl) (Entered: 11/27/2023)
11/24/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated November 24, 2023 re: 64 MOTION in Limine re Defendant's Objection to Fentanyl Analogue Definition in Proposed Jury Instructions. re: Opposition to government supplemental letter motion in limine . Document filed by Oldamo Frazer. (Hochheiser, Daniel) (Entered: 11/24/2023)
11/21/2023 MOTION in Limine re Defendant's Objection to Fentanyl Analogue Definition in Proposed Jury Instructions. Document filed by USA as to Oldamo Frazer. (Ghafary, Qais) (Entered: 11/21/2023)
11/21/2023 LETTER by USA as to Oldamo Frazer addressed to Judge Philip M. Halpern from United States of America dated November 21, 2023 re: Joint Proposed Verdict Form Document filed by USA. (Ghafary, Qais) (Entered: 11/21/2023)
11/20/2023Proposed Jury Instructions by USA as to Oldamo Frazer. (Ghafary, Qais) (Entered: 11/20/2023)
11/20/2023 REPLY MEMORANDUM OF LAW in Opposition by USA as to Oldamo Frazer re: 50 Pretrial Memorandum filed by Oldamo Frazer . (Prussien, Kingdar) (Entered: 11/20/2023)
11/19/2023 MOTION in Limine ., LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 11 19 2023 re: Preclude Expert Testimony or for Daubert Hearing . Document filed by Oldamo Frazer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hochheiser, Daniel) (Entered: 11/19/2023)
11/17/2023ENDORSED LETTER as to Oldamo Frazer addressed to Judge Philip M. Halpern from Attorney Daniel A. Hochheiser dated not dated re: REQUEST FOR EXTENSION OF DAUBERT MOTION DEADLINE. ENDORSEMENT: Application for Defendant to file the motion on November 20, 2023 is granted. The Government's time to respond to the motion will not be extended. SO ORDERED. ( Motions due by 11/20/2023. )(Signed by Judge Philip M. Halpern on 11/17/2023)(bw) (Entered: 11/17/2023)
11/17/2023ORDER as to Oldamo Frazer. At the November 6, 2023 pretrial conference, the parties were directed to jointly submit a revised proposed jury charge and verdict sheet to the Court by November 15, 2023 at 5:00 p.m. (See November 6, 2023 Minute Entry). On November 15, 2023, the Court received via email the Government's revised proposed jury charge and verdict form. The Government indicated in its November 15th email that it had not yet met and conferred with Defendant regarding whether the revised materials are a joint proposal of the parties or whether Defendants intends to offer different proposed materials. The parties are directed to, by November 21, 2023 at 12:00 p.m., meet and confer and jointly file revised versions of the proposed jury charge and verdict form. SO ORDERED: (Signed by Judge Philip M. Halpern on 11/17/2023)(bw) (Entered: 11/17/2023)
11/17/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 11 17 2023 re: Extend Motion to Preclude Expert Testimony or for Daubert Hearing deadline until Monday 11 20 2023. Document filed by Oldamo Frazer. (Hochheiser, Daniel) (Entered: 11/17/2023)
11/15/2023ORDER as to Oldamo Frazer. To: U.S. Marshals Service, Southern District of New York 300 Quarropas, White Plains, NY 10601. Upon the application of the defendant, Oldamo Frazer, through his attorneys, Daniel Hochheiser and Diane Ferrone, Esqs., and for good cause having been shown: IT IS HEREBY ORDERED THAT Oldamo Frazer, Westchester County Jail Inmate # 271205, be permitted to receive non-prison clothing at the U.S. Marshals Service, SDNY, White Plains location for trial, scheduled to begin December 4, 2023. The Marshals shall accept two suit pants, two dress shirts, two suit jackets, one tie, two pairs of socks, and a pair of shoes to wear to court. (Signed by Judge Philip M. Halpern on 11/15/23)(jbo) (Entered: 11/15/2023)
11/14/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Diane Ferrone dated November 15, 2023 re: Request for Clothing Order . Document filed by Oldamo Frazer. (Ferrone, Diane) (Entered: 11/14/2023)
11/7/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Diane Ferrone dated November 7, 2023 re: Request to Bring Electronic Devices to Trial . Document filed by Oldamo Frazer. (Ferrone, Diane) (Entered: 11/07/2023)
11/6/2023ORAL ORDER as to Oldamo Frazer. Responses due by 11/20/2023. Brief due by 11/17/2023; Responses to Brief due by 11/28/2023. Jury Trial set for 12/4/2023 at 09:00 AM before Judge Philip M. Halpern. (bw) (Entered: 11/07/2023)
11/6/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Arraignment as to Oldamo Frazer (1) Count 1s-3s held on 11/6/2023. Plea entered by Oldamo Frazer (1) Count 1s-3s -- Not Guilty. (bw) (Entered: 11/07/2023)
11/6/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Pretrial Conference as to Oldamo Frazer held on 11/6/2023. Defendant Oldamo Frazer present with counsel Daniel Hochheiser Esq. and Diane Ferrone, Esq. AUSAs Kingdar Prussien, Jeffrey Coffman and Qais Ghafary are present. Paralegal Liam Ronin is also present. Court Reporter is Angie Shaw-Crockett. Final Pre-Trial Conference held. Arraignment held on S1 Superseding Indictment. Defendant arraigned on Counts One through Three of the Superseding Indictment, waives public reading and enters not guilty plea. Trial will commence on 12/4/2023 at 9:00 a.m. The Court distributed to counsel for all parties copies of the proposed voir dire. The Court denied proposed Questions 13, 33 and 34 and otherwise granted or granted in substance the balance of the parties' proposed voir dire questions. The Court overruled Defendant's objection to request to charge No. 22 and sustained Defendant's objection to request to charge No. 20. The Government is directed to provide the Court by 11/15/2023 at 5:00 p.m. a list of names and entities to be read to the jury panel or advise the Court that the names included in its prior witness list submitted to the Court should be read to the jury panel. The Parties are directed to submit any revised jury charges and verdict sheet to the Court by 11/15/2023 at 5:00 p.m. The Court denied Defendant's motions in limine (Docs. 26, 33), as set forth more fully on the record. The Court granted in part, denied in part, and reserved ruling in part on the Government's motion in limine (Doc. 27), as set forth more fully on the record. The Government shall respond to Defendant's motion in limine (Doc. 50) to exclude certain exhibits by 11/20/2023. The following motions are terminated: Docs. 26, 27, 33). Defendant shall file its motion to preclude certain expert testimony by 11/17/2023. The Government shall file its opposition to Defendant's motion by 11/28/2023. Defendant remains detained. See transcript. (bw) (Entered: 11/07/2023)
10/24/2023(S1) SUPERSEDING INDICTMENT FILED as to Oldamo Frazer (1) count(s) 1s-3s. (ap) (Entered: 10/24/2023)
10/20/2023Request To Charge by USA as to Oldamo Frazer. (Prussien, Kingdar) (Entered: 10/20/2023)
10/20/2023Proposed Voir Dire Questions by USA as to Oldamo Frazer. (Prussien, Kingdar) (Entered: 10/20/2023)
10/20/2023PRETRIAL MEMORANDUM Defense Objections to certain Proposed Government Exhibits by Oldamo Frazer. (Attachments: # 1 Exhibit List of Proposed Government Exhibits)(Hochheiser, Daniel) (Entered: 10/20/2023)
10/19/2023RESCHEDULING ORDER as to Oldamo Frazer. Due to a scheduling conflict, the status conference scheduled for October 25, 2023 is rescheduled to November 6, 2023 at 12:30 p.m. in Courtroom 520 at the White Plains Courthouse. It is the responsibility of the Government to have the Defendant produced to Courtroom 520 of the White Plains Courthouse at that time. SO ORDERED: ( Status Conference set for 11/6/2023 at 12:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. ) (Signed by Judge Philip M. Halpern on 10/19/2023)(bw) (Entered: 10/20/2023)
10/11/2023MEMO ENDORSEMENT as to Oldamo Frazer (1) granting 47 LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 10 9 2023 re: Permission File Interim Vouchers. ENDORSEMENT: Application granted. (Signed by Judge Philip M. Halpern on 10/10/2023) (ap) (Entered: 10/11/2023)
10/9/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Daniel A. Hochheiser dated 10 9 2023 re: Permission File Interim Vouchers . Document filed by Oldamo Frazer. (Hochheiser, Daniel) (Entered: 10/09/2023)
10/6/2023TRANSCRIPT of Proceedings as to Oldamo Frazer re: Oral Argument held on 7/27/23 before Judge Philip M. Halpern. Court Reporter/Transcriber: Christina Arends-Dieck, (914) 390-4103, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/27/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/4/2024. (Arends-Dieck, Christina) (Entered: 10/06/2023)
10/6/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Oldamo Frazer. Notice is hereby given that an official transcript of a Oral Argument proceeding held on 7/27/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Arends-Dieck, Christina) (Entered: 10/06/2023)
10/4/2023NOTICE OF ATTORNEY APPEARANCE: Diane Ferrone appearing for Oldamo Frazer. Appearance Type: CJA Appointment. Associate Counsel (Ferrone, Diane) (Entered: 10/04/2023)
9/29/2023ENDORSED LETTER as to Oldamo Frazer addressed to Judge Philip M. Halpern from AUSA Qais Ghafary re: A status conference in this matter is presently scheduled for October 3, 2023, at 12:00pm, and trial is scheduled to begin December 4, 2023. With the consent of the defendant by counsel Daniel Hochheiser, Esq., the Government respectfully moves to adjourn the October 3, 2023 conference to a date and time convenient to the court during the week of October 9, 2023. ENDORSEMENT: Application granted. The status conference scheduled for 10/3/2023 at 12:00 p.m. is adjourned to 10/25/2023 at 12:30 p.m. SO ORDERED. ( Status Conference set for 10/25/2023 at 12:30 PM before Judge Philip M. Halpern. )(Signed by Judge Philip M. Halpern on 9/29/2023)(bw) (Entered: 09/29/2023)
9/28/2023 LETTER MOTION addressed to Judge Philip M. Halpern from United States of America dated September 28, 2023 re: Adjournment of October 3, 2023 Status Conference . Document filed by USA as to Oldamo Frazer. (Ghafary, Qais) (Entered: 09/28/2023)
8/28/2023Attorney update in case as to Oldamo Frazer. Attorney Daniel Adam Hochheiser for Oldamo Frazer added. Attorney Howard Evan Tanner; Rachel Martin and Jillian Tancil terminated. (ap) (Entered: 08/29/2023)
8/28/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Oldamo Frazer held on 8/28/2023. Defendant Present. Defense Counsel: Rachel Martin. AUSA: Kingdar Prussien. Defendant and all counsel present. As stated on the record, Defendant's request for a change of counsel is granted. Rachel Martin, Jillian Tancil, and Howard Tanner are terminated as Defendant's counsel of record and Daniel Hochheiser is appointed as Defendant's counsel of record. The 9/11/2023 trial date is adjourned to 12/4/2023. The status conference scheduled for 9/5/23 is adjourned to 10/3/2023 at 12:00 p.m. in Courtroom 520 of the White Plains Courthouse. An Amended Pretrial Scheduling Order will be separately docketed. The Government moved without objection by Defendant, to exclude time under the Speedy Trial Act from today until 12/4/2023 for the parties to prepare for trial and for the effective preparation of subsequent matters herein. The Court excluded time under the Speedy Trial Act from today until 12/4/2023. (Status Conference set for 10/3/2023 at 12:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern) (Court Reporter Sue Ghorayeb) (ap) (Entered: 08/29/2023)
8/28/2023AMENDED PRETRIAL SCHEDULING ORDER as to Oldamo Frazer. The parties are hereby notified that jury selection and trial in this action are scheduled to begin on December 4, 2023 at 09:30 a.m. Accordingly, the deadlines for pretrial submissions are as follows: 1.Proposed voir dire, requests to charge with exact citation to authority, and a proposed verdict sheet shall be filed by October 20, 2023. The parties are directed to meet and confer and agree to the extent possible on the proposed charge. If Defendant disagrees on the charge, it should set forth its proposed charge immediately below the governments proposed charge (with citation to authority) so that the Court has one proposed charge. Counsel are also directed to meet and confer concerning proposed voir dire questions and prepare one document setting forth the questions agreed to by the parties and additional questions, if any, that the parties cannot agree to. Counsel for the parties shall also confer and provide to the Court a joint, concise written statement describing the case in an impartial, easily understood manner, for the Court to read to the jury panel prior to voir dire. (Jury Selection set for 12/4/2023 at 09:30AM before Judge Philip M. Halpern. Jury Trial set for 12/4/2023 at 09:30 AM before Judge Philip M. Halpern) (Signed by Judge Philip M. Halpern on 8/28/2023) (See ORDER set forth) (ap) (Entered: 08/29/2023)
8/28/2023 LETTER by Oldamo Frazer addressed to Judge Philip M. Halpern, from Oldamo Frazer dated [Not Dated] re: Defendant writes regarding court date. (ap) (Entered: 08/28/2023)
8/28/2023NOTICE OF ATTORNEY APPEARANCE: Daniel Adam Hochheiser appearing for Oldamo Frazer. Appearance Type: CJA Appointment. (Hochheiser, Daniel) (Entered: 08/28/2023)
8/25/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Federal Defenders of New York dated August 25, 2023 re: Adjournment of Trial Date (unopposed). Document filed by Oldamo Frazer. (Martin, Rachel) (Entered: 08/25/2023)
8/24/2023MEMORANDUM in Opposition by USA as to Oldamo Frazer re 33 MOTION to Exclude Expert Testimony and Evidence; and Defendants Opposition to Governments 8/8/23 Motions in Limine.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Prussien, Kingdar) (Entered: 08/24/2023)
8/23/2023ORAL ORDER as to Oldamo Frazer. Status Conference (Change of Counsel Hearing) set for 8/28/2023 at 10:00 AM before Judge Philip M. Halpern. (bw) (Entered: 08/23/2023)
8/23/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Oldamo Frazer held on 8/23/2023. CHANGE OF COUNSEL HEARING. Defendant not present. Defense Counsel: Rachel Martin. AUSA: Jeffrey Coffman. Court Reporter: Tabitha Dente. All counsel present. Defendant was not produced by the Government and therefore was not present. The Court rescheduled the change of counsel hearing to Monday, August 28, 2023 at 10:00 a.m. (bw) (Entered: 08/23/2023)
8/17/2023ORDER as to Oldamo Frazer: The Government is directed to file a response to Defendant's Motion to Exclude Expert Testimony (Doc. 33) by August 24, 2023. (Responses due by 8/24/2023) (Signed by Judge Philip M. Halpern on 8/17/2023) (ap) (Entered: 08/17/2023)
8/17/2023MEMO ENDORSEMENT as to Oldamo Frazer on re: 31 LETTER MOTION addressed to Judge Philip M. Halpern from Federal Defenders of New York dated August 16, 2023 re: Substitution of Counsel. ENDORSEMENT: The Court will hold a change of counsel hearing on August 23, 2023 at 11:00 a.m. in Courtroom 520 of the White Plains Courthouse. By August 22, 2023 at 5:00 p.m., defense counsel is directed to submit in camera and in compliance with Local Rule 1.4, a letter detailing the basis for the withdrawal request. This letter shall be emailed to Chambers at HalpernNYSDChambers@nysd.uscourts.gov and must be served upon Defendant. (Status Conference set for 8/23/2023 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern) (Signed by Judge Philip M. Halpern on 8/17/2023) (ap) (Entered: 08/17/2023)
8/17/2023MEMO ENDORSEMENT as to Oldamo Frazer (1) denying 32 LETTER MOTION addressed to Judge Philip M. Halpern from AUSA Kingdar Prussien dated August 16, 2023 re: Proposed Adjournment of Remaining Pretrial Submission Deadlines. ENDORSEMENT: Application to adjourn the remaining deadlines in the Pretrial Scheduling Order is denied. (Signed by Judge Philip M. Halpern on 8/17/2023) (ap) (Entered: 08/17/2023)
8/17/2023 MOTION to Exclude Expert Testimony and Evidence; and Defendants Opposition to Governments 8/8/23 Motions in Limine. Document filed by Oldamo Frazer. (Attachments: # 1 Exhibit A Governments Rule 16 Expert Disclosure)(Tancil, Jillian) (Entered: 08/17/2023)
8/16/2023 LETTER MOTION addressed to Judge Philip M. Halpern from AUSA Kingdar Prussien dated August 16, 2023 re: Proposed Adjournment of Remaining Pretrial Submission Deadlines . Document filed by USA as to Oldamo Frazer. (Prussien, Kingdar) (Entered: 08/16/2023)
8/16/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Federal Defenders of New York dated August 16, 2023 re: Substitution of Counsel . Document filed by Oldamo Frazer. (Martin, Rachel) (Entered: 08/16/2023)
8/16/2023Set/Reset Deadlines as to Oldamo Frazer: Responses due by 8/17/2023. (ap) (Entered: 08/16/2023)
8/16/2023MEMO ENDORSEMENT as to Oldamo Frazer (1) granting 29 LETTER MOTION addressed to Judge Philip M. Halpern from Federal Defenders of New York dated August 16, 2023 re: Leave to file Defendant's response on August 17, 2023 (unopposed). ENDORSEMENT: Application granted. The time for Defendant to respond to the Government's motion in limine is extended August 17, 2023. (Signed by Judge Philip M. Halpern on 8/16/2023) (ap) (Entered: 08/16/2023)
8/16/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Federal Defenders of New York dated August 16, 2023 re: Leave to file Defendant's response on August 17, 2023 (unopposed). Document filed by Oldamo Frazer. (Martin, Rachel) (Entered: 08/16/2023)
8/15/2023MEMORANDUM in Opposition by USA as to Oldamo Frazer re 26 MOTION in Limine to exclude, inter alia, evidence proffered in government's August 4, 2023 letter (attached as Exhibit A).. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Prussien, Kingdar) (Entered: 08/15/2023)
8/8/2023 MOTION in Limine . Document filed by USA as to Oldamo Frazer. (Prussien, Kingdar) (Entered: 08/08/2023)
8/8/2023 MOTION in Limine to exclude, inter alia, evidence proffered in government's August 4, 2023 letter (attached as Exhibit A). Document filed by Oldamo Frazer. (Attachments: # 1 Exhibit A)(Martin, Rachel) (Entered: 08/08/2023)
8/7/2023MEMO ENDORSEMENT as to Oldamo Frazer granting 24 LETTER MOTION addressed to Judge Philip M. Halpern from Federal Defenders of New York dated August 4, 2023 re: Extension of time to file proposed voir dire, jury charges, and verdict sheet (unopposed). ENDORSEMENT: Application granted. The deadline for the parties to submit their proposed voir dire, jury charge, and verdict form is extended to August 29, 2023. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/7/2023) (lnl) (Entered: 08/07/2023)
8/4/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Federal Defenders of New York dated August 4, 2023 re: Extension of time to file proposed voir dire, jury charges, and verdict sheet (unopposed). Document filed by Oldamo Frazer. (Martin, Rachel) (Entered: 08/04/2023)
7/31/2023NOTICE OF ATTORNEY APPEARANCE: Jillian Tancil appearing for Oldamo Frazer. Appearance Type: Pro Bono. (Tancil, Jillian) (Entered: 07/31/2023)
7/27/2023NOTICE OF ATTORNEY APPEARANCE Kingdar Prussien appearing for USA. (Prussien, Kingdar) (Entered: 07/27/2023)
7/27/2023OPINION & ORDER as to Oldamo Frazer re: 16 MOTION to Suppress post arrest statement filed by Oldamo Frazer. For the foregoing reasons, Defendant's motion to suppress his post-arrest statements is DENIED. As noted during the July 27, 2023 conference, time has been excluded under the Speedy Trial Act through the date of the final pretrial conference, which is scheduled for September 5, 2023 at 2:30 p.m. in Courtroom 520. (Signed by Judge Philip M. Halpern on 7/27/23)(jw) (Entered: 07/27/2023)
7/27/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Oral Argument as to Oldamo Frazer held on 7/27/2023. Defense Counsel: Rachel Martin and Jillian Tancil. AUSA: Qais Gharfary. Court Reporter: Christina Arends-Dieck. Defendant was not present. The Court heard oral argument on the Defendant's motion to suppress his post-arrest statements. Defense counsel withdrew the request for an evidentiary hearing on the motion to suppress. The Court reserves decision and will enter an Order on Defendant's motion shortly. The Government moved to exclude time under the Speedy Trial Act from today until 9/05/2023, the date of the Final Pretrial Conference, to allow the parties to continue discussing a possible pretrial resolution and for the effective preparation of trial. The Court grants the Government's request and excludes time under the speedy trial from today until 9/5/2023. Trial is set for 9/11/2023. Pretrial Scheduling Order to follow. (lnl) (Entered: 07/27/2023)
7/27/2023PRETRIAL SCHEDULING ORDER as to Oldamo Frazer. The parties are hereby notified that jury selection and trial in this action are scheduled to begin on September 11, 2023 at 09:30 a.m. Accordingly, the deadlines for pretrial submissions are as follows: Rule 404(b) evidence (if any) shall be disclosed by no later than August 4, 2023. The government shall fully comply with the notice requirements set forth in Rule 404(b)(3), and supplement that disclosure with citation to case-law authority for the proposed use. Motions in limine, including any government motion to admit or motion to oppose the use of Rule 404(b) evidence, shall be filed by August 8, 2023. Opposition shall be filed by August 15, 2023. No replies will be permitted. The final pretrial conference 1s scheduled for September 5, 2023 at 2:30 p.m. in Courtroom 520. Jury selection and trial are scheduled to begin September 11, 2023 at 9:30 a.m. in Courtroom 520. Time is excluded under the Speedy Trial Act in the interest of justice though September 11, 2023. (Motions due by 8/8/2023. Responses due by 8/15/2023. Jury Selection set for 9/11/2023 at 09:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. Jury Trial set for 9/11/2023 at 09:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. Pretrial Conference set for 9/5/2023 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern) (Signed by Judge Philip M. Halpern on 7/27/2023) (See ORDER set forth) (ap) Modified on 7/31/2023 (ap). (Entered: 07/27/2023)
7/24/2023Minute Entry for proceedings held before Magistrate Judge Victoria Reznik: Status Conference as to Oldamo Frazer held on 7/24/2023. Defendant Odelmo Frazer present with outgoing counsel, Rachel Martin. AUSA Timothy Ly present for the Government. Incoming counsel Howard Tanner present. Defendant has decided that Federal Defenders will remain as counsel. See transcript. (Court Reporter Courtflow) (ap) Modified on 8/10/2023 (bal). (Entered: 07/24/2023)
7/21/2023SCHEDULING ORDER as to Oldamo Frazer. The Court has scheduled a change of counsel hearing for 7/24/2023 at 10 am before Magistrate Judge Victoria Reznik. The Court expects to conduct the proceeding in person at the Hon. Charles L. Brieant, Jr., Courthouse, 300 Quarropas Street, Courtroom 420, White Plains, NY 10601. (Status Conference set for 7/24/2023 at 10:00 AM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Victoria Reznik) (Signed by Magistrate Judge Victoria Reznik on 7/21/2023) (ap) (Entered: 07/21/2023)
7/5/2023 REPLY MEMORANDUM OF LAW in Support as to Oldamo Frazer re: 16 MOTION to Suppress post arrest statement. . (Martin, Rachel) (Entered: 07/05/2023)
6/20/2023MEMORANDUM in Opposition by USA as to Oldamo Frazer re 16 MOTION to Suppress post arrest statement.. (Attachments: # 1 Affidavit of Nicholas Caparco, # 2 Exhibit 1 to Caparco Affidavit, # 3 Exhibit 2 to Caparco Affidavit)(Ghafary, Qais) (Entered: 06/20/2023)
5/23/2023 MOTION to Suppress post arrest statement. Document filed by Oldamo Frazer. (Attachments: # 1 Exhibit A - Post Arrest Interview)(Tancil, Jillian) (Entered: 05/23/2023)
3/24/2023NOTICE OF ATTORNEY APPEARANCE: Jillian Tancil appearing for Oldamo Frazer. Appearance Type: Public Defender or Community Defender Appointment. (Tancil, Jillian) (Entered: 03/24/2023)
3/23/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Oldamo Frazer held on 3/23/2023. The defendant present with attorney Rachel Martin and Jullian Tancil. AUSA: Qais Ghafary. STATUS CONFERENCE HELD: The court set the following briefing schedule. 1) Defendants' motion shall be served and filed by 5/23/2023; 2) Government's opposition to pretrial motions shall be served and filed on 6/20/2023; and 3) Defendants' reply papers, if any, shall be served and filed on 7/5/2023. The motion will be heard by the Court on 7/27/2023 at 11:00 am in courtroom 520. The Government moved without objection to exclude time under the Speedy Trial Act from today until 7/27/2023 to allow the parties to continue discussing a possible pretrial resolution, contemplate motion practice and file motions, review discovery, and for the effective preparation of subsequent matters herein. That application was granted on the record. Defendant is remanded. (Motion Hearing set for 7/27/2023 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. Motions due by 5/23/2023. Responses due by 6/20/2023. Replies due by 7/5/2023. (Court Reporter Christina Arends-Dieck) (ap) (Entered: 03/23/2023)
3/2/2023Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Bond Revocation Hearing as to Oldamo Frazer held on 3/2/2023. The defendant present with Rachel Martin. AUSA: Qais Ghafary. Bail revocation arguments heard. Bail revoked. (Court Reporter Courtflow) (ap) (Entered: 03/03/2023)
2/28/202314SEALED DOCUMENT placed in vault. (ap) (Entered: 03/01/2023)
12/16/2022 ORDER MODIFYING BOND CONDITIONS as to Oldamo Frazer (1), For the reasons discussed on the record during this Court's December 16, 2022 bond modification proceeding, it is hereby ordered that the October 13, 2022 Appearance Bond (ECF No. 7) be modified as follows: 1. Paragraph 7(t)(3) is modified to eliminate the words "and NDNY for purposes of attending in -patient substance abuse treatment"; 2. Paragraph 7(t)(7) is eliminated; and 3. Paragraph 7(t)(8) is eliminated. The following conditions are hereby added to the existing bond: 1. Mr. Frazer must participate in mental health evaluation and treatment as directed by Pretrial Services; and 2. Mr. Frazer is subject to home detention enforced by location monitoring, with the type of equipment as directed by Pretrial Services. Mr. Frazer is authorized to self-install the location monitoring equipment. The standard conditions of home detention (as listed on AO Form 199B) apply to Mr. Frazer's home detention. (Signed by Magistrate Judge Andrew E. Krause on 12/16/2022)(ap) (Entered: 12/16/2022)
12/16/2022Minute Entry for proceedings held before Judge Philip M. Halpern: Pretrial Conference as to Oldamo Frazer held on 12/16/2022. The defendant present with attorney Rachel Martin. AUSA: Qais Ghafary and Timothy Ly. The Government confirmed that it received its oral and written Rule 5(f) warning from Magistrate Judge Krause. The Government represented on the record that it will continue producing Rule 16 discovery. The next status conference in this matter is scheduled for 3/23/2023 at 2:30 p.m. in Courtroom 520. The Government moved without objection by the Defendant, to exclude time under the Speedy Trial Act from today until 3/23/2023 for the parties to propound and review discovery, discuss possible pretrial resolution, and for the effective preparation of subsequent matters herein. Defendant's bail is continued as previously set by Magistrate Judge Krause. (Status Conference set for 3/23/2023 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern) (Court Reporter Tabitha Dente) (ap) (Entered: 12/16/2022)
12/16/2022RULE 5(F) ORDER as to Oldamo Frazer. (Signed by Magistrate Judge Andrew E. Krause on 12/16/2022) (ap) (Entered: 12/16/2022)
12/16/2022Case as to Oldamo Frazer REASSIGNED to Judge Philip M. Halpern. Judge Unassigned no longer assigned to the case. (ap) (Entered: 12/16/2022)
12/16/2022Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Arraignment as to Oldamo Frazer (1) Count 1-3 held on 12/16/2022. AUSA Qais Ghafary for the Government. Rachel Martin for Defendant. BAIL DISPOSITION: DEF. RELEASED ON OWN RECOGNIZANCE; $30,000.00 PRB; 2 FRP; TRAVEL RESTRICTED TO SDNY/EDNY; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); PRETRIAL SUPERVISION: AS DIRECTED BY PRETRIAL SERVICES; DRUG TESTING/TREATMT AS DIRECTED BY PTS; MENTAL HEALTH EVAL/TREATMT AS DIRECTED BY PTS; HOME DETENTION; LOCATION MONITORING TECHNOLOGY AS DIRECTED BY PTS; DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEF. TO BE RELEASED ON OWN SIGNATURE. Defendant was advised of his rights and the charges against him, and was arraigned on the three-count Indictment. Public reading of the Indictment was waived, and the defendant entered a not guilty plea. The matter was assigned to Judge Halpern. The speedy trial time has been excluded to 12/30/2022 until the first pretrial conference before the district judge. Any further exclusion of time must be made to the District Judge. Rule 5F requirements reviewed with the Government. (See transcript). Bail/detention arguments heard. Defendant to be released on modified bond conditions. Prior bond conditions remain in effect, except as reflected in order to be docketed separately. (ap) (Entered: 12/16/2022)
12/14/2022Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Bond Hearing as to Oldamo Frazer held on 12/14/2022. Defense Counsel: Rachel Martin PTS: Andrew Abbott. AUSA: Qais Ghafary. The Defendant, Mr. Frazer, was not present, due to the emergency nature of the application and the fact that Mr. Frazer is currently hospitalized. For the reasons discussed on the record during the telephone conference, Mr. Frazer's conditions of release are temporarily modified until Mr. Frazer's scheduled court appearance on Friday, December 16, 2022 at 11:00 a.m.. Upon his release from the hospital in the late afternoon / evening of December 14, Mr. Frazer may return home he may stop on the way home to pick up any required medications, but otherwise must return directly to his home. Mr. Frazer is subject to home detention he is restricted to his residence at all times, with only the standard exceptions (as set forth in AO Form 199B). The home detention condition will not be enforced by location monitoring, but Pretrial Services will periodically check on Mr. Frazer's whereabouts by telephone. Mr. Frazer's bail status will be reevaluated at the December 16, 2022 proceeding. (Status Conference set for 12/16/2022 at 11:00 AM before Magistrate Judge Andrew E. Krause) (Court Reporter AT&T) (ap) (Entered: 12/14/2022)
12/12/2022 PROTECTIVE ORDER as to Oldamo Frazer...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Paul E. Davison on 11/17/2022) (Previously filed under seal on 11/17/2022) (ap) [7:22-mj-08233-UA] (Entered: 12/12/2022)
12/12/2022ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Oldamo Frazer. Time excluded from 11/9/2022 until 12/7/2022. (Signed by Magistrate Judge Judith C. McCarthy on 11/9/2022) (Previously filed under seal on 11/9/2022 (ap)[7:22-mj-08233-UA] Modified on 12/13/2022 (ap). (Entered: 12/12/2022)
12/12/20228CJA 23 Financial Affidavit by Oldamo Frazer. APPROVED. (Signed by Magistrate Judge Andrew E. Krause) (Previously filed under seal on 10/13/2022) (ap) [7:22-mj-08233-UA] (Entered: 12/12/2022)
12/12/2022UNSECURED PERSONAL RECOGNIZANCE BOND Entered as to Oldamo Frazer in amount of $30,000.00, cosigned by 2 FRP. The Defendant must: submit to supervision by and report for supervision to the PRETRIAL SERVICES As Directed; surrender any passport to: PRETRIAL SERVICES; not obtain a passp01t or other international travel documents; abide by the following restrictions on personal association, residence, or travel: SDNY/EDNY and NDNY; avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution,including: Names of specific Individuals will be provided to defense counsel; not possess a firearm, destructive device, or other weapon; not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner.; participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or supervising officer. To include in-patient substance abuse treatment; report as soon as possible, to the pretrial services or supervising officer, every contact with law enforcement personnel, including arrests, questioning, or traffic stops. 1. Pretrial Services supervision as directed. 2. Substance abuse testing/treatment as directed by Pretrial Services, to include in-patient substance abuse treatment. 3. Travel restricted to SD/EDNY and NDNY for purposes of attending in-patient substance abuse treatment. 4. Surrender all travel documents with no new applications. 5. Refrain from use or unlawful possession of a narcotic drug or other controlled substances defined in 21 U.S.C. 802, unless prescribed by a licensed medical practitioner. 6. Do not possess a firearm, destructive device, or other dangerous weapon. 7. Upon the defendant's successful completion of inpatient substance abuse treatment, he shall return to Court for a bail review hearing before being released. 8. Mr. Frazer will not leave the in-patient facility without authorization. If Mr. Frazer leaves the facility without authorization, this will be a violation of bail conditions subject to immediate arrest. All conditions to be met prior to release, including placement at an in-patient treatment facility. (Previously filed under seal on 10/13/2022) (ap) [7:22-mj-08233-UA] (Entered: 12/12/2022)
12/12/2022Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Plea entered by Oldamo Frazer (1) Count Complaint Not Guilty. (Previously filed under seal on 10/13/2022) (ap) [7:22-mj-08233-UA] (Entered: 12/12/2022)
12/12/2022Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause:Initial Appearance as to Oldamo Frazer held on 12/12/2022. Arraignment as to Oldamo Frazer (1) Count Complaint held on 12/12/2022. Bond Hearing as to Oldamo Frazer held on 12/12/2022. AUSA Qais Ghafary for the Government. Rache4l Martin for the Defendant. BAIL DISPOSITION: SEE TRANSCRIPT. TRAVEL RESTRICTED TO SDNY/EDNY/NDNY; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); PRETRIAL SUPERVISION: AS DIRECTED BY PRETRIAL SERVICES; DRUG TESTING/TREATMT AS DIRECTED BY PTS; DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEF. TO BE DETAINED UNTIL ALL CONDITIONS ARE MET. Initial presentment of Oldamo Frazer. Defendant present with defense counsel Rachel Martin, Federal Defenders. AUSA Qais Ghafary present for the Government. Pretrial Services Officer Andrew Abbott present. The defendant was advised of his rights and the charges against him and waives further public reading. Financial Affidavit was approved and Rachel Martin is appointed as counsel. Defendant is a citizen of Jamaica. Mandatory consular notification by the US Government is required. Bail arguments heard. Joint application to seal granted. Transcript and docket entry to be sealed for 60 days (12/13/22). Defendant is released on a $30K appearance bond to be cosigned by 2FRP. Defendant is to be placed in an in-patient treatment program. (See appearance bond). See transcript. DEF. ARRAIGNED; PLEADS NOT GUILTY. PRELIMINARY HEARING DATE: 11/9/2022 ON DEFENDANT'S CONSENT. (Court Reporter Courtflow) (Previously filed under seal on 10/13/2022) (ap) Modified on 12/12/2022 (ap). [7:22-mj-08233-UA] (Entered: 12/12/2022)
12/12/2022COMPLAINT UNSEALED as to Oldamo Frazer. (ap) [7:22-mj-08233-UA] (Entered: 12/12/2022)
12/12/2022Order to Unseal Case as to Oldamo Frazer. (Signed by Magistrate Judge Andrew E. Krause on 12/12/2022) (ap) [7:22-mj-08233-UA] (Entered: 12/12/2022)
12/6/2022Case Designated ECF as to Oldamo Frazer. (ap) (Entered: 12/08/2022)
12/6/2022 INDICTMENT FILED as to Oldamo Frazer (1) count(s) 1-3. (ap) (Entered: 12/08/2022)
11/17/20223SEALED DOCUMENT placed in vault. (ap) [7:22-mj-08233-UA] (Entered: 11/21/2022)
11/9/20222SEALED DOCUMENT placed in vault. (ap) [7:22-mj-08233-UA] (Entered: 11/14/2022)
10/13/2022Arrest of Oldamo Frazer. (ap) [7:22-mj-08233-UA] (Entered: 12/12/2022)
10/13/2022SEALED COMPLAINT as to Sealed Defendant 1 (1). (Signed by Magistrate Judge Andrew E. Krause) (ap) [7:22-mj-08233-UA] (Entered: 12/12/2022)
10/13/20221SEALED DOCUMENT placed in vault. (ap) [7:22-mj-08233-UA] (Entered: 10/14/2022)