Update on Katia Wanzeler: Below is the text from the motion file today by Katias attorneys. Summary: She was arrested in NY last week as a material witness and ordered to appear in Massachusetts in front of the grand jury today May 21. The NY judge who gave the warrant last week ordered the US Marshals Office to move her to Massachusetts fo rthe May 21 apperance in front of the grand jury, which is today. According to the motion, the US Marshalls office has not moved her yet to Massachusetts, in violation of TWO US Magistrate Judges orders. Here is the text, copied directly from the motion: EMERGENCY MOTION FOR HEARING TO REVIEW DETENTION OF WITNESS BEING HELD PURSUANT TO MATERIAL WITNESS ARREST WARRANT Pursuant to 18 U.S.C. § 3145, Katia Wanzeler respectfully requests that the Court (1) schedule a hearing on Thursday, May 22, 2014, or Friday, May 23, 2014, to review the detention of Ms. Wanzeler pursuant to a material witness arrest warrant (18 U.S.C. § 3144); and (2) issue an order directing the U.S. Marshal to transport Ms. Wanzeler from New York to Massachusetts on Wednesday, May 21, 2014, or no later than Thursday, May 22, 2014. On May, 14, 2014, the United States applied for and obtained a Material Witness Arrest Warrant (pursuant to 18 U.S.C. § 3144) from this Court. (ECF Doc. No. 12) The Court’s Order authorized the arrest of Ms. Wanzeler in connection with a grand jury proceeding being conducted in the District of Massachusetts. On May 14, 2014, Ms. Wanzeler was arrested in New York and served with a grand jury subpoena commanding her appearance before the grand jury sitting in Worcester on Wednesday, May 21, 2014 (today). (A copy of the grand jury subpoena is attached as Exhibit A.) On May 15, 2014, Ms. Wanzeler appeared in the U.S. District Court for the Eastern District of New York (Brooklyn), Docket No. 14-MJ-00456-JMA (E.D.N.Y.). On May 15, 2014, U.S. Magistrate Judge Joan M. Azrack, issued an Order of Commitment to Another Case 4:14-mj-04175-DHH Document 20 Filed 05/21/14 Page 1 of 7 District, and directed the U.S. Marshal to transport Ms. Wanzeler “forthwith” to the District of Massachusetts (to comply with the subpoena commanding her appearance before the grand jury on May 21, 2014). (The Order of Commitment to Another Jurisdiction is attached as Exhibit B.) The very purpose of Ms. Wanzeler’s detention since May 14, 2014 was to compel her appearance before the grand jury in Worcester today. Attorneys for Ms. Wanzeler have been communicating with the Assistant United States Attorneys investigating this matter on a daily basis concerning Ms. Wanzeler’s scheduled appearance in Massachusetts. It had been planned and expected that Ms. Wanzeler would be transported to Massachusetts and would appear in court no later than Wednesday, May 21, 2014. However, counsel just learned for the first time late yesterday (May 20, 2014) that the U.S. Marshal failed to transport Ms. Wanzeler to Massachusetts as directed, and as a result, Ms. Wanzeler would not appear in Worcester on Wednesday, May 21, 2014, pursuant to the grand jury subpoena. At this time, counsel has no information as to why the U.S. Marshal failed to transport Ms. Wanzeler to Massachusetts, as ordered by the Court. Counsel also has no information as to when the U.S. Marshal will comply with the Court’s Order. Ms. Wanzeler has not been accused of or charged with any crime. Nevertheless, she has been held in detention at the MDC Brooklyn detention facility for a full week. The continued detention of Ms. Wanzeler in New York appears to be in violation of this Court’s May 14, 2014 Order, as well as the May 15, 2014 Order of Magistrate Judge Azrack, which directed the transport of Ms. Wanzeler to the District of Massachusetts. The continued and indefinite detention of Ms. Wanzeler in New York without further review by this Court would be unreasonable and unjust. For these reasons, we respectfully request that the Court schedule a hearing on Thursday, May 22, 2014, or Friday, May 23, 2014, to review Ms. Wanzeler’s detention. We further request that the Court issue an order directing the U.S. Marshal to transport Ms. Wanzeler to the District of Massachusetts on Wednesday, May 21, 2014, or no later than Thursday, May 22, 2014, so that Ms. Wanzeler may be brought before this Court. Dated: May 21, 2014 Respectfully submitted by, Attorneys for Katia Wanzeler,
Posted on: Wed, 21 May 2014 18:35:19 +0000
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