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By Joe Brucker
Judge Diane Gujarati surprised the court today by remanding the recently convicted Nicole Daedone and Rachel Cherwitz—holding both women in custody until sentencing. The DOJ had indicated to the press yesterday that it would not seek remand but made supporting arguments today.
The proceedings were followed by tears in the audience from rows of OneTaste supporters, who, themselves, became a subject of issue for the judge.
The judge decided that Daedone and Cherwitz had not met their burden in showing that they were not flight risks or risks to public safety.
The most lengthily discussed subject of the hearing was press and trial support for Daedone, Cherwitz, and OneTaste. The government and the court each raised concerns that OneTaste’s public relations efforts and the support of associates and friends attending the trial amounted to witness intimidation and that this was under the influence of Nicole Daedone or Rachel Cherwitz.
Judge Gujarati admonished that she was “disturbed” by actions inside the court by supporters and comments made by Juda Engelmayer, a press agent representing OneTaste. She asked who approved articles featuring “pictures of the prosecutors” or another containing an image of a swastika. She also asked why the defendants hadn’t used their influence to prevent disparagement of witnesses already.
Gujarati also scolded that “noise” and “faces” from OneTaste supporters in the gallery had a chilling effect. After sitting “feet away” from the witnesses, she “could tell there was still fear in some of these women.”
“This was really extreme,” the judge added.
Daedone’s attorney, Jennifer Bonjean, defended that some of what had been called “witness intimidation” included “legitimate” pretrial legal efforts.
The prosecution also indicated that they would be seeking sentencing enhancements, and the “significant sentencing risks” they currently face may increase their flight risk. The enhancements sought are Chapter 2 & 3 enhancements on the basis of role and victim vulnerability. The prosecution supported its interest in role enhancements on the basis of the volume of co-conspirators as well as being in a “position of trust.”
Both Cherwitz and Daedone requested stays pending appeal, which were denied.
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