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Law360, New York (March 18, 2020, 7:55 PM EDT) -- A fluctuating group of 25 to 30 attorneys, police officers, court officers and alleged gang members and their families gathered for an arraignment in Manhattan federal court Wednesday despite warnings that such a gathering could spread the coronavirus.
U.S. Magistrate Judge Stewart D. Aaron presided over the arraignment of alleged Black Stone Gorilla Gang members, as defendants were led handcuffed into the well-attended proceeding wearing blue face masks and purple gloves. The judge made no verbal acknowledgment of defense attorneys' objections that the gathering posed a public health risk.
At 4:26 p.m., the first defendant was brought into the room and stood silently — then coughed loudly.
The arraignment in the Southern District comes a day after the Federal Defenders of New York called on prosecutors and the court to avoid bringing together such a large group of people in the midst of the coronavirus outbreak, although the district executive noted that the court did not arraign the defendants as a group and moved the proceeding to a larger courtroom.
New York state has banned gatherings of 50 people or more this week, and President Donald Trump urged Americans to avoid groups of 10 or more on Monday.
Before an audience of two dozen on Wednesday afternoon, Jahvonne Chambers' attorney Louis V. Fasulo entered a not guilty plea for his client on a racketeering conspiracy charge and an attempted assault charge. He sought immediate release with electronic monitoring, noting that Chambers had an asthma condition that "could be exacerbated" in detention "during the coronavirus outbreak."
"There are extraordinary times, Judge," Fasulo said, asking the judge to consider the risk of exposing his client to the virus. Moreover, the charges relate to actions years ago, Fasulo said, and yet "they arrested him today of all days."
But the assistant U.S. attorney on the case rejected that logic.
"The government seeks detention," said government counsel Andrew K. Chan, arguing that in addition to his membership in a violent gang allegedly responsible for murders and assaults, "Chambers has been unwilling or unable to stop committing crimes when not in custody" and poses a danger to the community.
Addressing the assembly of roughly 30 before him, Magistrate Judge Aaron swiftly sided with the government and ordered Chambers locked up, but granted an accommodation.
"I will issue a medical order," the judge said, to provide the "appropriate inhaler for his asthma."
Officers ushered Chambers out and brought in the next shackled and mask-clad defendant.
Before the proceedings started, police officers and a court officer joked with a woman who had brought a can of disinfectant spray with her.
"She's got Lysol on her!" one officer said.
"You've got to be prepared," the woman said, wielding the yellow aerosol spray can.
"This is public health madness," said David Patton, executive director of the Federal Defenders of New York, turning around in his seat in the gallery. "They should be doing everything remotely right now."
Patton highlighted a new order from Chief U.S. District Judge Colleen McMahon stating that new arrests must arrive at the courthouse before 12:00 p.m. for processing and presentment before a magistrate judge on that same date, which Patton said could result in more defendants being jailed overnight and being needlessly exposed to unsanitary conditions and close quarters during the outbreak.
"Social distancing is impossible at MCC," Patton said, referring to Manhattan's Metropolitan Correctional Center, which is now under a 30-day lockdown due to the outbreak, banning attorneys or social visitors.
The group arraignment in the Southern District of New York comes one day after New York state court performed its first video arraignment just a block north of the federal courthouse.
Chambers is represented Louis V. Fasulo of Fasulo Braverman & DiMaggio LLP.
The government was represented by Andrew K. Chang of the U.S. Attorney's Office for the Southern District of New York.
The case is U.S. v. Alexander Arguedas, et al., indictment 20-cr-135 in the U.S. District Court for the Southern District of New York.
--Editing by Alanna Weissman.
Update: This article has been updated with new information that the proceeding was moved to a larger courtroom.
For a reprint of this article, please contact reprints@law360.com.
