After failing in his attempts to have his conviction overturned, former Guyanese magistrate Albert Baldeo is stopping at nothing to avoid sentencing and that includes faking medical problems and engaging in “continued self-hospitalisation,” according to prosecutors.
US Judge Paul A Crotty has now set Friday for the sentencing of Baldeo, who faces as much as 20 years on each of the seven counts of obstructing the course of justice for which he has been convicted.
Baldeo was scheduled to be sentenced last Wednesday but he was a no-show due to medical reasons and the judge had fixed yesterday for sentencing. But between Friday and yesterday, the convict did all he could to stay out of jail and even skipped from one hospital to the next. However, the prosecution, through a motion, sought to have him partake in a status conference yesterday even if it was by way of telephone. The conference did take place and while details are unknown a court filing seen by this newspaper indicated that the sentencing would be on Friday.
The prosecution filed the motion because it is fearful Baldeo is attempting to get leniency during the sentencing or, worse, attempting to hide from law enforcement officials and flee before.
According to the prosecution’s motion, three hours before last Wednesday’s scheduled hour of sentencing, defence counsel received a correspondence from a doctor at the Flushing Hospital Medical Center, stating that Baldeo was admitted in the emergency unit for chest pain and would have been transferred to the telemetry unit for cardiac monitoring. He was expected to remain in the hospital until the cardiac evaluation was completed.
At a conference held in court on the same day, the defence counsel indicated that tests were performed and Baldeo had not indicated that there were any problems with him and he was expected to be discharged the next day. The following day, it was reported that he remained in the hospital and although tests continued to show nothing of concern, a different kind of test had been ordered for the next day. It was believed to be standard procedure for someone of his age who had “self-reported chest pains.” He was expected to be discharged the following day if all was clear but the defence also indicated that Baldeo had announced that he had an alleged new medical issue: “weakness on his left side.”
As a result, the court had postponed sentencing until yesterday and notice was given. Three hours after this was done and without informing the court or his lawyer, Baldeo requested the hospital to transport him by ambulance to Long Island Jewish Medical Center and his request was effected at approximately midnight.
The following day, the government asked the defence counsel about the basis for his client’s late night transfer but he informed that he did not know and that when he had attempted to speak to Baldeo’s former doctor he was told that the doctor was no longer authorised by his client to discuss his alleged medical illness.
Later that same day, the motion said, the defence informed that a different doctor stated that Baldeo “had an angiogram and cardio catheterisation procedure to clear two blockages, and that two stents were inserted.” He was expected to be discharged the following day, once there were no complications. But the government pointed out that all of this information was provided with no letter from the doctor or any other medical professional to confirm or provide context for the new development, which appeared to be in contradiction with the tests previously performed at Flushing Hospital Medical Center, which had found nothing of material concern.
On the same day, the defence lawyer said he received a call from another doctor, the cardiologist who performed Baldeo’s procedure, who said he understood the defendant had a court date set for yesterday and recommended that it be delayed for a week because “it’s not good to have a lot of stress right after a stent is inserted.” Again, no letter was sent by the doctor and the court declined to adjourn sentencing even as Baldeo remained hospitalised.
“The Government also learned that the defendant instructed the hospital not to include his name in its system or to inform anyone who called that a patient with his name is a patient. The Government understands that this option, commonly known as ‘opting out’, is typically provided to and availed of by victims of domestic violence or others who fear for their safety if they location is known,” the government said in its motion.
It was further stated that the government was unaware of any basis for Baldeo, who is on bail pending sentencing, under the supervision of Pretrial Services, to invoke this option, much less to do so without providing contact information to Pretrial Services and/or the court.
The government said that it was concerned that Baldeo is “faking or exaggerating his alleged medical problems in order to delay sentencing and/or support an argument at sentencing for leniency.” The government also believes he is trying to hide his location, so as to complicate or defeat the ability of Pretrial Services to supervise him and the ability of law enforcement to ensure that he does not seek to flee prior to sentencing.
Apart from seeking the order to have Baldeo partake in yesterday’s conference, the government also sought an order directing the two hospitals to make available all medical records and test results related to Baldeo’s hospitalisation.
Baldeo, a former Queens, New York district leader, was found guilty in federal court of tampering with witnesses during the investigation of his alleged campaign fraud by the US Federal Bureau of Investigation (FBI).
Baldeo, 55, was convicted on seven counts of obstruction of justice in a Manhattan federal court after a two-week trial before Judge Crotty. He was acquitted of three fraud-related counts relating to approximately US$15,000 in claims for city matching funds
