June 29th 2024.
In New York, Nikhil Gupta, an Indian national accused in a murder-for-hire plot, made his first appearance before the trial judge as his lawyers discussed the initial steps of the case. Senior Judge Victor Marrero presided over the brief hearing on Friday and set the next court date for September 13. During the hearing, he also ordered the prosecution to share their evidence with the defense.
Gupta, dressed in a khaki shirt and pants, was brought in by the US Marshals and sat at the defense table. He spoke with his lawyer, Jeffrey Chabrowe, before the proceedings began. Gupta had been arrested in the Czech Republic last June and was extradited to New York on June 14. He was then brought before Magistrate Judge James Cott on June 17 and ordered to be held without bail.
During Friday's hearing, Assistant District Attorney Camille Latoya Fletcher presented the government's case against Gupta. She repeated the allegations that he conspired with an Indian government employee to target a US citizen of Indian origin, whose identity has not been revealed. The alleged intended victim is believed to be Gurpatwant Singh Pannun, a lawyer with US and Canadian citizenship who lives in New York and leads the group "Sikhs for Justice," a prominent advocate for the Khalistan movement. The Indian government has designated Pannun as a terrorist.
Fletcher stated that Gupta negotiated with an individual he believed to be a "hitman" and offered $100,000 for the alleged assassination plot. He also arranged to give an advance of $15,000 and provided details to identify the intended victim. However, the person Gupta believed to be a "hitman" was actually an undercover agent. The government's evidence includes Gupta's seized phone, which contained his communications with the Indian government employee, as well as electronic communications and material from the Federal Bureau of Investigation and the Drug Enforcement Agency. Additionally, there are videos and audios of Gupta's interactions with the "hitman."
Chabrowe requested an order of protection for Gupta, but did not ask for bail. Judge Marrero allowed an exclusion to the legal provisions for a speedy trial to give the defense sufficient time to prepare their case. He also reminded the prosecution of their duty under US law to share all evidence and information with the defense, including any that may benefit the defense. Failure to do so can result in penalties.
The courtroom was filled with Sikhs, many of them older men with white beards. Across the street from the courthouse, a group of Khalistanis held a protest with their yellow flags. At 82 years old, Judge Marrero holds the senior judge position, which allows older judges to have a lower caseload. He was nominated to the bench by former US President Bill Clinton in 1999 to fill a vacancy in the Southern District Court of New York after Sonia Sotomayor, now a Supreme Court Justice, was elevated to a federal appeals court. In 2010, Marrero became a senior judge.
With his experience as a diplomat, including serving as the US Ambassador to the Organisation of American States and as one of the envoys to the United Nations, Judge Marrero has a broad international perspective. He has presided over many notable cases, including a major verdict concerning the Patriot Act, the post-9/11 anti-terrorism legislation. In 2015, his ruling limited the level of secrecy in the FBI's surveillance operations. More recently, in 2019 and 2020, he ruled against former US President Donald Trump's attempts to block a demand by former local New York prosecutor Cyrus Vance for his tax records. The Supreme Court ultimately upheld Judge Marrero's ruling.
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