As the proceedings against extradited ex-policeman Shaun Nebblett continue in a New York court, acting US State Attorney Seth D. DuCharme has secured an order which limits the disclosure of certain discovery material in the case.
In a December 29th, 2020 letter to Justice Pamela K. Chen, the state attorney said that the government and defence counsel have jointly agreed to and signed the stipulated protective order.
The reason for the move is unclear but the nine-page order, among other things, stipulates that discovery materials, however designated, and any and all copies, notes, transcripts, documents and other information and materials derived or prepared from the discovery materials, may be used by the defendant, defence counsel and defence staff (which is defined as non-lawyer staff employed by defence counsel, as well as potential witnesses and their counsel, expert witnesses, investigators and interpreters retained by defence counsel) only for the purposes of defending against the charges in the case, including but not limited to preparation for trial and any sentencing, appeal, or collateral attack commenced within a year of the exhaustion of the defendant’s appellate rights and which involves the charges in the case.
The defendant and defence counsel are also required to return to the government the Sensitive Discovery Material and the Attorneys’ Eyes Only Material and all copies thereof, whether in the possession of the defendant, defence counsel, and defence staff when the defendant concludes all efforts to defend against the charges in the above-captioned case and any superseding indictment, including but not limited to preparing for trial and any sentencing, appeal, or collateral attack, which was commenced within a year of the exhaustion of the defendant’s appellate rights, involving the charges in the case.
Nebblett was extradited to the United States from Guyana on November 6, 2020 to face four criminal charges in the US—conspiracy to import cocaine, importation of cocaine, conspiracy to possess cocaine with intent to distribute and possession of cocaine with intent to distribute.
According to the particulars of the charges, which went before a grand jury, in or about and between August 2015 and September 2015, Nebblett, who is also known as Shawn Wyatt and ‘Dapper,’ Christopher Richard Spencer also known as ‘Christopher Sowell,’ ‘Stephen’ and ‘Shirt,’ together with others, did knowingly and intentionally conspire to import a controlled substance into the US. The amount of cocaine involved in the conspiracy was 500 grammes or more.
Acting state attorney DuCharme, in a letter dated November 10th, 2020, to Justice Sanekt J. Bulsara, the judge Nebblett initially appeared before, had requested that the ex-lawman be permanently detained because no conditions of bail can ensure his appearance or safety of the community.
Giving more information on the case, DuCharme, in the letter, indicated that the former policeman, based in Guyana, in August 2015 recruited an individual to smuggle drugs into the US in exchange for US$8,000. He provided the individual with money to purchase a plane ticket from Guyana to JFK, which departed on August 28th 2015. Prior to the individual departing Guyana, Nebblett allegedly packed their case with seven pairs of shoes that concealed cocaine and directed the person to rent a hotel room near to the JFK airport.
On arriving in the US on August 28th, 2015, the individual was stopped by law enforcement officers who examined their luggage and discovered the cocaine. A subsequent Drug Enforcement Administration (DEA) laboratory revealed that the shoes contained approximately 1.436 kilogrammes of cocaine. The individual, referred to as Courier 1 in the letter, was arrested and agreed to assist law enforcement agents. They communicated with the defendant by cellular phone from the hotel room, regarding the pickup of the cocaine laden shoes and subsequently another individual arrived at the hotel room to provide Courier 1 with cash and to pick up the cocaine—laden shoes.
In a similar case in September, 2015, Courier 2 arrived at JFK from Barbados and was arrested at JFK with some nine pairs of cocaine-laden shoes. The individual identified Nebblett as the person who took their suitcase in Guyana and returned it with the cocaine-laden shoes.
It was on April 27th 2020 a grand jury in the East District of New York returned the four-count indictment against Nebblett. He was arrested in Guyana on April 29th 2020 based on an Interpol Red Notice while attempting to flee the country to Suriname.
Nebblett made his last appearance before Justice Chen on January 4th and is expected to appear again on January 24th via telephone. He has since pleaded not guilty to all four of the criminal counts.
