New York Judge, Dora Irizarry on Tuesday ruled against the request for Roger Khan to be granted permission to use a laptop computer while in jail and she also denied a request for the court to hold a status conference on why Khan was moved from the Nassau County jail to a Federal prison and housed in a cell designed for terrorists.
The US government had objected to Khan being granted permission to use the laptop last month, and the judge was to rule finally on the matter.
In denying Khan’s request Irizarry said in a letter to the defence that the reasons cited by the US Government in its opposition letter dated January 29, 2007 still stand. The US Government had stated that Khan was no longer being held in the Nassau County Correctional Facility, but rather is being housed in the Federal Manhattan Correctional Center (MCC). According to the US Government for security reasons, the MCC does not allow inmates to have their own laptop computers. Moreover, the facility provides access to word processing equipment and computers designated for inmate use. The Judge noted in her response that at the conference on January 16, 2007, the defence had stated to the court that the need for the laptop was so that the defendant did not have to handwrite everything to defence counsel. This issue is no longer relevant, Irizarry said, adding that in any event, it is not sufficient good cause for granting the request. She said importantly, should the need arise the MCC will make available to Khan the equipment necessary to review any discovery on audio or video disc. The US Government has stated that all of the discovery provided to the defendant has been in hard copy format and, thus, the defendant has no need for electronic equipment to review the discovery.
“Wherefore the defendant’s request that he be permitted to possess a laptop computer is denied,” Irizarry said.
In another matter the judge, responding to an application by Khan’s attorney, Robert Simels to discuss among other things his incarceration at the federal jail, said this request was also denied. She that a conference is already scheduled for February 26, 2007 at 11 am. The Judge said that the court advised counsel that a defendant does not have the right to determine in which facility he will be detained during his case, nor does the court generally interfere with decisions made by the Bureau of Prisons concerning security or space availability issues in the placement of inmates. Simels had said in his submissions to the court that the conditions at the MCC facility are difficult. He said when a prisoner is housed in the 10 South cell designed for terrorists, visiting is burdensome. The attorney noted that there are additional check points for the attorneys to go through to see a client housed in 10 South, no face to face contact is permitted and every document to be exchanged between the attorney and client is viewed by guards in advance of providing same to either the inmate or the attorney. The attorney said he had written to the MCC Legal Department and communicated with the Warden of the MCC seeking clarification on the matter.
Khan is facing a charge of conspiracy to import cocaine into the US. The US government had indicated that it would file a superseding indictment against the Guyanese businessman who is expected to go on trial by the middle of this year.
