By Basil Katz and Joseph Ax
Oct 31 (Reuters) - For the first time since the attacks of
Sept. 11, 2001, the federal court in Manhattan has put criminal
cases on hold, as officials struggle to resume operations in the
devastating wake of Hurricane Sandy.
With the courthouse at 500 Pearl Street still without power
Wednesday afternoon, Chief Judge Loretta Preska issued an order
extending deadlines in pending criminal cases until Monday and
deadlines for grand jury action until Nov. 12.
Federal law permits a judge to extend the time for certain
criminal filings if the clerk's office is unavailable for filing
or for good cause. In addition, federal speedy trial law, which
normally requires a grand jury indictment within 30 days of
arrest, allows a judge to extend the deadline if he or she finds
the "ends of justice" outweigh the defendant's interest.
Also on Wednesday afternoon, Governor Andrew Cuomo issued an executive order waiving filing deadlines for a wide range of criminal and civil state cases because of the storm, including speedy trial requirements.
The Sept. 11, 2001, attacks, which destroyed the World Trade
Center and killed nearly 3,000 people, left the courthouse
closed for a week. At that time, a similar order to Preska's was
issued extending deadlines in criminal cases.
In her unlit offices on the courthouse's 22nd floor, Preska,
before issuing the order, spoke to Reuters about the challenges
of getting court operations back up and running, as a skeleton
crew of courthouse personnel huffed up and down stairs in the
darkened building.
"I actually came in thinking I could do some work," said
Preska, who was forced to move to a hotel after the hurricane
knocked out power to her home in downtown Manhattan.
Preska presides over the U.S. District Court for the Southern
District, which consists of 59 judges and four courthouses,
including the one in downtown Manhattan. The Pearl Street
location, housing the district court and the 2nd U.S. Circuit
Court of Appeals, has been closed since Monday and will remain
so through the end of the week.
Edward Friedland, the district executive, said in an
interview that newly arrested defendants needing to see a judge
would appear before a magistrate at the courthouse in White
Plains, which, along with the courthouses in Middletown and
Poughkeepsie, was operating normally Wednesday.
On Wednesday, auxiliary generators provided emergency
lighting and enough electricity to operate three of the more
than a dozen elevators at 500 Pearl Street, where roughly 40
judges and magistrates sit.
GETTING CREATIVE
While most of the courthouse remained dark, certain
proceedings had to take place, forcing judges and lawyers to get
creative.
In an unlit courtroom on the 14th floor, U.S. District Judge
Colleen McMahon held a telephone hearing on the bail conditions
of Paul Ceglia, the entrepreneur charged with engineering a
multimillion-dollar scheme to defraud Facebook and its chief
executive, Mark Zuckerberg.
Ceglia was in Buffalo, where he had been arrested on charges
originating in New York. With the phone lines in the Manhattan
courthouse down, a prosecutor in McMahon's court used a cell
phone so Ceglia and court officials in Buffalo could hear the
proceeding.
"We need belts and suspenders," McMahon joked, as
prosecutors and Ceglia's public defender, David Patton, the
chief attorney of the Federal Defenders of New York, huddled
around the judge's bench to speak into the phone.
"I'm in a very dark room with a very small light bulb over
me," McMahon said. "We have a bunch of lawyers gathered today
under adverse circumstances but we need to have this hearing and
we need to have it today."
Patton argued to the judge that Ceglia posed no danger and
should be granted bail. McMahon set Ceglia's bail at $250,000
and ordered home detention with electronic monitoring within 15
miles of his house near Rochester.
As the hearing ended, McMahon said, "We're having horrendous
phone difficulties here in lower Manhattan. It's really quite
extraordinary, there hasn't been anything like it, or at least
not since 9/11."
Patton declined to comment after the hearing.
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