[U] Marty’s Felony Appeals Counsel Likely Won’t File His Opening Brief Before Labor Day 2018…

Mark M. Baker, an able and well-know appellate specialist who is Of Counsel to Mr. Brafman’s firm, has submitted his six page PDF of a proposed schedule for the appeals filings, overnight — at the Second Circuit’s virtual PACER window, in downtown Manhattan. He seeks nearly a third again longer than the rules formally allow, as a timeframe — to prepare his definitive appeal papers. I think he will be allowed the time — as important constitutional rights apply to felony appeals.

He primarily cites to the voluminous trial record, and the press of other appellate cases at the firm — as grounds for the stretched timeline.

Oh. And also, he cites this:

“…Notably, it is Defendant-Appellant’s [Martin Shkreli’s] intention to participate fully in the determination and drafting of the issues to be presented. Thus, given his incarceration, significant periods of time will be consumed in simply exchanging drafts, followed — if time allows — by face to face discussion between counsel and client in whatever Bureau of Prisons facility to which he will ultimately be assigned….”

I can scarcely imagine just how difficult a client Mr. Shkreli must be. He regularly substituted his flawed take on things, for Mr. Brafman’s at trial — once admonishing Mr. Brafman in an on-street interview with Meg Tirrell, on live cable television, as the team left the courthouse last summer — saying “Martin will do whatever Martin damn well pleases….” Ugh.

Imagine now that this narcissistic egomaniac (with scant understanding of the legal issues involved) will only be able to communicate via an “attorneys’ eyes only” [paper] mail pouch — and only in handwritten pencil notes, from his permanent facility. Then once a month or so, Mr. Baker will have to make the drive up to Marty’s facility, for likely all-day live meetings, in a small cinder-block encased, and windowless prison cubby hole — to negotiate live, with Marty — about which avenues of appeal ought to be forsaken, and which should be central, in the moving papers. [Harambe memes are almost sure to be suggested by old Marty. As some proof, I’ll note that — through “a friend“, Marty faked the death of Trashy, his cat, on his Facebook account, on April Fool’s 2018. Charming.]

Where was I? Oh. Right. Mr. Baker concludes thus:

“…In light of the sheer volume of the record on appeal — and given other existing filing deadlines with which, as appellate counsel to this firm, I must comply — it is respectfully requested that Appellant be allowed an additional sixty-two (62) days in which to file his brief and appendix. Specifically, it is requested that he be granted until on or before September 4, 2018 (i.e., the day after Labor Day) to perfect this appeal….”

Now we wait to see what the appellate panel says. But I bet Marty will be in his permanent home, maybe even by later this month, so five months, before this whole thing formally gets started.

UPDATED (and HILARIOUS!) — via Ms. Smythe’s tweets, and VICE news: “…While the Attorney General [Beauregard Sessions] generally enjoys listening to Gilbert and Sullivan (see “Policeman’s Song”), this example highlights the importance of our forfeiture policies because we all agree fraudsters who can afford to buy $2 million [Wu-] albums aren’t going to beat the rap by selling them on eBay,” Sarah Isgur Flores, director of public affairs for the DOJ, told VICE News….

Namaste, and have a great weekend, one and all of good will!

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16 thoughts on “[U] Marty’s Felony Appeals Counsel Likely Won’t File His Opening Brief Before Labor Day 2018…

  1. Malncka says:

    Looks like Vyera is still pushing forward… recent updates to their website include a new news section with this press release

    https://www.prnewswire.com/news-releases/vyera-pharmaceuticals-has-initiated-a-phase-1-study-of-a-new-dihydrofolate-reductase-inhibitor-designed-as-a-potential-treatment-for-toxoplasmosis-300595878.html (I linked this last month)

    and updates to their pipeline
    https://www.vyera.com/research-and-development/pipeline/
    though it appears they just added other applications to TRP-012 because iirc it was listed for just toxoplasmosis before

    Liked by 1 person

    • aldt440 says:

      I hate to burst your bubble, but I’m not confident that Shkreli is going to get very far with this. He got absolutely butchered in an AMA a few years ago on a similar topic.

      I started prepping for a debate with him on the matter a few years ago, but scuttled the project because I didn’t think it would be productive. After a few DMs to get a feel for what I was up against, I came to the conclusion that he would lie even more and I would waste my money and time.

      Here’s the crux of the beatdown from the AMA:

      “The mechanism of the drug is folate inhibition,” Anandya reminded the CEO, adding that what Shkreli had proposed might not even be scientifically possible.

      “The entire mechanism of the drug is to stop the production of folic acid in the first place and the bulk of its side effects are tied up with that,” Anandya said. “It’s kind of counter-intuitive to say that you are going to solve this problem when it’s not a problem as much as the whole raison d’etre of the drug. This I find is the main problem with your plan. That the solution is not worth $749.”

      “One cannot suggest such a (monstrous) increase in the price of a drug which by your own admission does nothing better while telling me your plan is to (because this is the only way it would work) create an entirely new drug not related to pyrimethamine at all because it would require a new structure,” the physician continued. “Which in turn would give you a big hassle since you would require testing and FDA approval from scratch anyway. I think your plan is flawed.”

      Honestly, I’m totally out of my element here, but it appears that the MOA of this new drug is also folate inhibition….. hmm.

      https://www.rawstory.com/2015/10/pharma-bro-martin-shkreli-gets-schooled-by-a-real-fcking-doctor-during-disastrous-reddit-interview/

      Liked by 1 person

      • condor says:

        Yup — he’s a faker — on chemistry; bio-science and physics.

        Y A W N.

        Namaste — and I think Malncka concurs…

        Like

  2. aldt440 says:

    …Notably, it is Defendant-Appellant’s [Martin Shkreli’s] intention to participate fully in the determination and drafting of the issues to be presented. Thus, given his incarceration, significant periods of time will be consumed in simply exchanging drafts, followed — if time allows — by face to face discussion between counsel and client in whatever Bureau of Prisons facility to which he will ultimately be assigned….”

    Baker is a distinguished practitioner. I can’t imagine what issues Shkreli thinks are worth appealing. Hahaha How on earth does Shkreli think he’s going to participate in the appeals process? Is Baker going to teach him how to Shepardize with some musty reporters at camp Canaan? hahaha I can’t stop laughing at this one.

    Even funnier, if they do find something, Shkreli is about as boxed in as he can get. I’m amazed that he doesn’t realize this.. The genius of Matsumoto’s ruling is that he absolutely has to do the time. The Feds can always charge him with more stuff or use it as leverage if he gets anywhere on appeal. There’s probably some things, even we don’t know about, that they’re holding back on just for this particular purpose.

    How many years is it going to take to go through all of it? 2 years for appeals and 1 or 2 for Habeas Corpus? If something is remanded, I can imagine it will take even longer. Realistically, the whole process could take over 3 or 4 years and quite likely more if Shkreli stocks up on stamps and highlighters. If he shuts up, crosses his fingers, and cleans up all of the messes he’s made, he’s out in a little over 5 years. He’s going to risk a new trial or fresh charges from KaloBios to get out maybe a year or two sooner? Wow!

    It looks like my assumptions are coming true, lawyers are going to bleed him till he is completely broke.

    Liked by 1 person

  3. sightsoundtext says:

    FTD here. This is my log in name which ties in with my media blog. 🙂 Here’s my take on Marty. What a trainwreck to even handle a procedure such as this. I still think he’s going to flub his transfer by making someone lose their patience with his foolishness.

    No, I don’t believe he teaches students. Maybe reading a few sentences off a textbook, but teaching? The only thing Marty can teach is how to sink your whole gamer team in League of Legends in under half an hour. Good riddance. 🙂

    Liked by 1 person

    • condor says:

      Yep — I used a dated publicity photo there…

      They could use your insights, man!

      Just not sure about whether the fees will be paid (or payable) by old Marty!

      G’night!

      Like

    • aldt440 says:

      There’s no need to worry about Baker getting help, because Shkreli is going to do most of the work himself. Baker is just there to help out if Marty gets stuck and can’t access the materials he needs from prison.

      Liked by 1 person

  4. billythekid9919 says:

    “I can scarcely imagine just how difficult a client Mr. Shkreli must be. He regularly substituted his flawed take on things, for Mr. Brafman’s at trial — once admonishing Mr. Brafman in an on-street interview with Meg Tirrell, on live cable television, as the team left the courthouse last summer — saying “Martin will do whatever Martin damn well pleases….” Ugh.”

    Marty seemed to be pretty confident in that exchange on the sidewalk with Meg Tirrell in defiance of Ben’s advice. But Marty had yet to see the inside of a jail cell at that point. Ole Ben will be laughing all the way to the bank & Marty will be at club fed for 7. As Marty recently said: “YOLO”. He was living it up in front of the cameras getting the attention he craves… Now he pays the tab. Hilarious and well deserved.

    Liked by 1 person

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