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….”
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!