1.Robing Room Medication Discussion
31 linesUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------x UNITED STATES OF AMERICA, v. 22 CR 673 (LAK) SAMUEL BANKMAN-FRIED, Defendant. Trial
New York, N.Y. October 13, 2023 9:26 a.m. Before: HON. LEWIS A. KAPLAN, District Judge APPEARANCES DAMIAN WILLIAMS United States Attorney for the Southern District of New York BY: DANIELLE R. SASSOON NICOLAS ROOS DANIELLE KUDLA SAMUEL RAYMOND THANE REHN Assistant United States Attorneys COHEN & GRESSER, LLP Attorneys for Defendant BY: MARK S. COHEN CHRISTIAN R. EVERDELL SRI K. KUEHNLENZ DAVID F. LISNER Also Present: Luke Booth, FBI Kristin Allain, FBI Arjun Ahuja, USAO Paralegal Specialist Grant Bianco, USAO Paralegal Specialist
(In the robing room)
JUDGE KAPLAN: Okay. I wanted to raise with you, Mr. Cohen, whether the Marshals are in fact getting your client over here early in the morning as I ordered them to do, and whether you're availing yourself of that or not, or whether it's too much or too little.
MR. COHEN: We are, your Honor. We saw him this morning. I think we've seen him every day that he was available because he's not available after weekends because we have the opportunity to see him in the MDC, which we've also been doing. Now I know this isn't fully within your Honor's control, but we've had serious issues continuing with his medication. He has ADHD. He has other conditions as well, which I haven't burdened the Court with. He really cannot focus without his medication. They give him one dose at 4 in the morning when they wake him up to come to court. It wears off in about three hours. So by the time we see him in the cell block or we see him before your Honor, it's already worn off. They refuse to give him another dose at lunchtime. So he spends the entire court day without medication that is specifically designed to help him focus. And he gets his next dose when he gets back, and last night he got back at 9:00 at night.
JUDGE KAPLAN: He surely does not look unfocused to me in the courtroom. But obviously I'm not professionally qualified.
MR. COHEN: I'm not either, your Honor. I can only go by what my client tells me, and obviously not knowing before this, so——
JUDGE KAPLAN: Have you been in touch with Mr. Bork at the Bureau of Prisons as I asked?
MR. COHEN: Every day.
JUDGE KAPLAN: So what's the story about giving him the dose? I mean——
MR. COHEN: As I understand it, we even offered that we would bring it and give it to him at lunchtime, if the Marshals would permit us. One of the——well, two things. As I understand it, the Bureau of Prisons is not willing to do it at lunchtime because the dose is considered a narcotic substance and they don't want one of the Marshals transporting it or——that's what I understand. But I'm not purporting to speak for the Bureau of Prisons. I know they have their rules, but that's what we've heard from them. So it puts us and our client in just a very difficult position. So your Honor is asking, so that's why I'm——
JUDGE KAPLAN: I'm sorry. I couldn't hear.
MR. COHEN: Your Honor is asking, so that's why I'm——
JUDGE KAPLAN: Well, yes, and I will either speak directly to Bork or have someone do it and see whether that condition can be changed, if indeed that's a condition. What does the government have?
MR. ROOS: So, your Honor, we're aware of the issue. One of our colleagues, Danielle Kudla, has been dealing with the MDC directly. Our understanding——my understanding in speaking with her this morning——I'll also suggest I just go get her in a moment——is that the MDC is going to put him on an extended tablet or dose of ADHD, one of those sort of——
JUDGE KAPLAN: ADHD is the malady, not the drug.
MR. ROOS: Adderall. Sorry. One of those extended release, but if it's okay with your Honor, I'll go get her, since she's the one speaking with the MDC.
JUDGE KAPLAN: Sure.
MR. COHEN: And I should say, your Honor, we are not faulting the efforts of the prosecution team. We know they've been trying also. It's just not happening.
JUDGE KAPLAN: Look, I know that both sides have been doing their level best about everything in this matter, and I have no doubts about that.
(Pause)
JUDGE KAPLAN: Good morning, Ms. Kudla.
MS. KUDLA: Good morning, your Honor.
JUDGE KAPLAN: What's going on with the Bureau of Prisons in relation to the Adderall?
MS. KUDLA: Yeah. So I spoke with——I've been in communication with the BOP frequently to try and find a solution that allows Mr. Bankman-Fried to get his Adderall added dose during the day. I spoke to Sophie Papapetru at the BOP this morning at 8 a.m. She said that the BOP has worked it all the way up the chain. They have approved an extended dose release. They've ensured——
JUDGE KAPLAN: Extended-release dose.
MS. KUDLA: Extended-release dose. They've modified the schedule of a BOP employee to ensure that they can administer this dose at 6 a.m. before he arrives at court and that the dose will be administered to him and the extended release would go for approximately 12 hours, which would then provide the Adderall up until about 6 p.m., and that they have ordered this and they're hoping to have it for him for the first dose available on Monday. That is the easiest way for the BOP to comply with how they administer controlled substances, and their regulations on that, and allow Mr. Bankman-Fried to ensure that he has his medication during the trial.
JUDGE KAPLAN: Okay. Please report to me on Monday whether it's happened.
MS. KUDLA: I will. I'm going to keep in touch with her.
(Continued)
(Pages 1175-1176 SEALED by order of the Court)