2nd Atty Denies Molotov Charges As Supporters Flood Call

By Frank G. Runyeon
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Law360, New York (June 29, 2020, 2:41 PM EDT) -- A second attorney charged with firebombing a vacant NYPD vehicle pled not guilty Monday in Brooklyn federal court during an at-times cacophonous conference call that was mobbed by more than 360 listeners.

In a sharp contrast to the call's atmosphere, Urooj Rahman calmly pled not guilty before Chief Magistrate Judge Cheryl L. Pollak to a seven-count indictment for allegedly torching a vandalized cop car during protests against brutal and racist policing, even as her attorney, the court reporter and judge pled with listeners to silence themselves so the arraignment could continue.

"Would people please mute their phones, I cannot hear —," Judge Pollak shouted, as she was drowned out in background noise and the court reporter also complained she couldn't hear.

"Guys, this is not difficult, please mute your phones, please mute your phones," implored Rahman's counsel Paul Shechtman of Bracewell LLP.

"Is your client prepared to enter a plea?" the judge said, plowing ahead as the din died down.

"She is, your honor. I can do it, she can do it — the plea is not guilty," Shechtman said, "to all charges."

Rahman quietly confirmed that: "Yes, your honor."

The call began and ended with a deluge of well-wishes from listeners. Rahman, who stayed on the line after the court adjourned, exchanged words with dozens of her supporters who called out, "We love you," "We're praying for you" and "Stay strong."

"Thank you all for all of your support. I really appreciate it," Rahman said.

"I love you so much, Rooji," a woman said repeatedly. "I love you, Rooji."

"I love you, Mom," Rahman said.

Defense counsel has argued that Rahman's mother is dependent on her daughter's care, but Rahman is detained at Brooklyn's Metropolitan Detention Center awaiting a ruling on the government's Second Circuit appeal seeking to keep her behind bars before her trial.

"I teach criminal procedure at Columbia Law School, but this is the first time that I learned that an arraignment is an opportunity for hundreds of people to yell 'I love you' to the defendant," Shechtman wryly noted to Law360 after the hearing.

Rahman, a Bronx Legal Services attorney, faces a mandatory minimum of 45 years to life in prison if convicted on all seven counts: use of explosives, arson, use of explosives to commit a felony, arson conspiracy, use of a destructive device, civil disorder and making or possessing a destructive device.

Rahman's friend and fellow attorney Colinford Mattis, a now-suspended Pryor Cashman LLP associate, pled not guilty to the same charges last week, during a call that was also flooded by more than 300 listeners.

The heavily attended arraignments are a product of unique circumstances. The COVID-19 pandemic has enabled remote hearings that vastly expand the number of people who might have otherwise witnessed such a proceeding in a courtroom. In addition, an organized support drive for the attorneys by friends, family and organizations that oppose the government's prosecution likely boosted attendance.

Twitter and Instagram accounts bearing Rahman's name and "run by family and friends" promoted dial-in information for the arraignment under the banner "PACK THE COURT."

A website called "Support Urooj" features letters of support by Rahman's union, The Legal Services Staff Association, 650 people at her alma mater Fordham University School of Law, 850 people at Mattis' alma mater New York University School of Law, 1,500 medical professionals who oppose their imprisonment during the pandemic, as well as a dozen civil and human rights groups, including the Center for Constitutional Rights.

The 12 organizations said they "condemn the excessive and politically-motivated charges that the federal government is levelling against two members of our community, Colin Mattis and Urooj Rahman, and its aggressive effort to keep them imprisoned and separated from their families pending trial."

An online fundraiser for Rahman shows $150,000 raised over two weeks by 4,300 contributors. A similar drive for Mattis has reached over $320,000 from nearly 7,300 donors.

Prosecutors accuse Rahman of making Molotov cocktails with Mattis, using at least one Bud Light beer bottle stuffed with toilet paper and filled with gasoline. Rahman was allegedly captured on video hurling a flaming bottle at a vacant, vandalized patrol car in Brooklyn during protests against police brutality. Prosecutors also claim a witness provided a photograph that shows her offering other firebombs to people on the street.

Shechtman has called the alleged conduct "stupidity in the first degree" during a night of foolish, aberrant behavior that targeted police property, but not people.

Both Rahman and Mattis are jailed pending the outcome of their bail appeal to the Second Circuit after a ruling by U.S. Magistrate Judge Steven M. Gold, upheld by U.S. District Judge Margo K. Brodie, had granted home confinement with electronic monitoring on $250,000 in surety bonds secured by at least six family and friends.

Both were arrested when the government won a stay from the appellate court.

During arguments last week, two Second Circuit judges voiced bewilderment and concern at the firebombing allegedly committed by the two attorneys, with one calling it "unimaginable," as they mulled the government's unusually escalated request to overrule the two lower court judges' bail decision. The panel has not issued a decision.

Ahead of the Monday arraignment, Rahman told her attorney that she had been on lockdown at the Brooklyn federal jail where she is detained pending the appellate ruling.

Federal Defenders told Law360 that MDC reported an "institutional emergency" on Thursday that abruptly canceled court dates on Thursday and Friday, including the arraignment in the separate case of Samantha Shader, who is accused of firebombing an NYPD vehicle with four officers inside.

The Federal Bureau of Prisons told Law360 on Saturday that an investigation was underway at MDC, but had not yet responded to requests for any further details about what had happened at the 1,700-inmate facility as of Monday afternoon.

Rahman's attorney said the emergency did not involve his client.

The government is represented by Jonathan Algor and Ian Richardson of the U.S. Attorney's Office for the Eastern District of New York.

Rahman is represented by Paul Shechtman of Bracewell LLP.

Mattis is represented by Sabrina P. Shroff.

Shader is represented by Amanda L. David of the Federal Defenders of New York.

The cases are U.S. v. Mattis et al., case number 1:20-cr-00203, and U.S. v. Shader, case number 1:20-cr-00202, in the U.S. District Court for the Eastern District of New York.

--Editing by Orlando Lorenzo.

For a reprint of this article, please contact reprints@law360.com.

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Case Information

Case Title

USA v. Mattis et al


Case Number

1:20-cr-00203

Court

New York Eastern

Nature of Suit

Judge

Brian M. Cogan

Date Filed

June 11, 2020


Case Title

USA v. Shader


Case Number

1:20-cr-00202

Court

New York Eastern

Nature of Suit

Date Filed

June 11, 2020

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