With his counsel by his side, Donald Trump was able to conduct his video presentencing interview on Monday. However, New York City defense lawyers representing clients who are not billionaires nor previous presidents are protesting this decision.
Multiple city defense attorneys told Business Insider that defendants who are not in jail pending sentencing are instructed to appear in person, alone, for their interview with the city Department of Probation.
Trump had his lawyer Todd Blanche by his side for the 30-minute virtual interview, which took place from Mar-a-Lago, according to the Associated Press.
In New York, probation officials conduct separate presentencing interviews with the prosecutor and the offender in order to gather information for a report known as the presentencing report.
These reports are significant because they advise the judge on the proper penalty.
In light of his conviction in Manhattan last month on 34 charges of falsifying business records in his alleged hush-money case, Trump is scheduled to be sentenced on July 11.
“Not just billionaires should be allowed counsel in their probation interviewβall people convicted of crimes should be allowed that,” four public-defender organizations in New York City stated in a statement on Monday.
The statement from The Legal Aid Society, The Bronx Defenders, New York County Defender Services, and Neighborhood Defender Service of Harlem stated, “This is just another example of our two-tiered system of justice.”
Trump was not receiving special treatment, a municipal official informed BI, by being permitted to do his interview with his attorney and via video.
Trump’s virtual interview was described by Ivette DΓ‘vila-Richards, the mayor’s office deputy press secretary, as “common β it’s not unusual, and it’s been an option from even before COVID”. “No exceptions are being made because it’s President Trump,” she said.
Defense attorneys confirmed to BI that it is a common practice for defendants who are detained pending punishment to participate in video presentencing interviews.
However, the attorneys noted, defendants like Trump, who are free, are nearly always obliged to show up in person and alone for their probation interviews.
They also took issue with the fact that Trump could only have Blanche by his side in extremely rare circumstances.
After prosecutors failed to oppose the request, trial judge Justice Juan Merchan of the New York Supreme Court issued a probationary order on Friday enabling Blanche to attend Trump’s interview, according to court documents.
Veteran Legal Aid lawyer Sam Roberts stated, “I’ve never been at a probation interview.” He calculated that he had conducted these interviews with far over 3,000 clients.
The no-counsel rule is being contested on appeal by Rochester, New York, attorney Thomas Eddy. “In fairness, at least when clients are detained pending sentence, it will be a procedural nightmare to permit attorneys to attend,” Eddy said.
He gave BI access to emails from probation and court officials from the previous year, in which they stated that it was standard procedure for detainees to be interviewed without their attorneys unless there was a compelling need for them to be there.
“Defendants are prejudiced daily by damaging statements they make without counsel present,” Eddy stated.
According to him, an inmate applying for parole, work release, or a lesser security level could be harmed by a bad probation report.
“How much trouble do you think Trump would get into today if Blanche wasn’t there to muzzle him?” Eddy enquired.
Matt Pinner is a dedicated journalist for WVPrepBB.com, specializing in USA and crime news. With a keen eye for detail and a passion for uncovering the truth, Matt brings timely and insightful reporting to his readers. His work on WVPrepBB.com keeps the community informed and engaged with the latest developments in national news and criminal justice.
