Eastern District of New York judge Eric R. Komitee expressed his displeasure over a press release authored by U.S. Attorney Breon Peace, targeted at Carlos Watson, founder of Ozy Media. Watson was arrested for allegedly misinforming investors about the company’s financial status. Peace’s press release, characterized Watson as a “con man”, running “Ozy as a criminal organization rather than as a reputable media company.” Watson subsequently requested for the release to be removed from the U.S. Attorney’s website, fearing it could adversely impact the impartiality of his trial.
As Law360 reported, Judge Komitee conveyed his concerns that such language, while ostensibly outlining law enforcement priorities, could inadvertently insinuate Watson and Ozy Media’s indictment as a reflection of these priorities. Consequently, it potentially straddles the line between legitimate and illegitimate commentary. Judge Komitee added that even presuming all grand jury’s allegations are true, Ozy Media “was not a Cosa Nostra family” (a reference to the infamous Sicilian Mafia). Instead, they were engaged in actual content dissemination, including digital newsletters, television production, podcasts, and live events.
Even though Judge Komitee reserved judgment on the motion, he hinted at his thinking on the matter, expressing that the comment on Watson running Ozy Media “as a criminal organization rather than as a reputable media company” could be perceived as “gratuitously hyperbolic.” The judge concluded his stance by nudging the government to “consider whether it wishes to excise or modify the language in light of the discussion above.” Though seemingly a request, the tone suggested it was a veiled directive.
This episode presents a cautionary tale for prosecutors about the potential ripple effects of their public statements and highlights the importance of measured language to protect defendants’ rights to fair trials – an inviolable tenet of law in democratic societies.
For more information, read the full story at Above The Law.