The postponement of a fourth sentencing date for Seth Mermaid was denied by Judge Mary Kay Vyskocil, and he will next appear in court on July 11.
Fishman’s attorney, Maurice Sercarz, cited what he called Fishman’s mental health problems and the problem of getting a mental health professional’s presentation together to meet deadlines, but he conceded. acknowledged that he could file the memorandum by June 27. Vyskocil ruled that filing on time meant yes. There is no reason for further delay.
Fishman has been in custody since February 18 at New York’s Metropolitan Detention Center. Vyskocil allowed his sentencing to be changed from May 5 to May 26 to June 30 before July 11 was scheduled.
Court records show that Sercarz’s sentencing memo was filed confidentially. Attorneys for both sides are expected to notify the court on July 6 about how much information about Fishman’s condition will be released to the public.
Sercarz is expected to argue for clemency. The government’s position was not reflected in the court records. Fishman is facing up to 20 years in prison after being found guilty by a jury on February 2 in the Southern District Court of New York, USA, on two counts of conspiracy to violate drug dispensing laws. and misbranded. Fishman was not in court when the jury returned the verdict.
