UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v. Criminal No. 87-60
SCOTT M. GALINDEZ Criminal No. 87-159
AKA SCOTT E. GALINDEZ
UNITED STATES OF AMERICA
v. Criminal No. 87-61
STEPHEN SEMPLE
AKA Sunrise
UNITED STATES OF AMERICA
v. Criminal No. 87-62
WILLIAM THOMAS
UNITED STATES OF AMERICA
v. Criminal No, 87-63
PHILIP JOSEPH
UNITED STATES OF AMERICA
v. Criminal No. 87-64
ELLEN THOMAS
M. EUGENE OLSEN. C.S.H.
OFFICIAL REPORTER. U.S. DISTRICT COURT
UNITED STATES COURTHOUSE
WASHINGTON, D. C. 20001
(202) 755-1920
1
Washington, D.C.
Thursday, April 23, 1987
The above-entitled actions came on for hearing on pretrial
motions before the Honorable CHARLES R. RICHEY. United States
District Judge, in Courtroom No. 11, commencing approximately
2:00 o'clock, p.m.
Appearances
For the Government:
LINDA S. CHAPMAN, ESQ.
Assistant United States Attorney
555 Fourth Street, N.W., Room 5816
Washington, D. C. 20001
(202) 272-9019
JOHN P. DOMINGUEZ, ESQ.
Assistant United States Attorney
555 Fourth Street, N.W. Room 5233
Washington, D, C, 20001
(202) 272-9078
For the Defendants:
For Defendants Scott M. Galindez and Stephen Semple aka Sunrise:
MONA ASINER, ESQ.
1717 K Street, N.W., Suite 1200
Washington, D. C. 20036
(202) 463-0662
2
APPEARANCES (continued):
For Defendant Ellen Thomas:
ROBERT M. HURLEY, ESQ.
Georgetown Law Center
Legal Internship Program
25 E Street, N.W., Second Floor
Washington, D.C. 20001
(202) 662-9575
For Defendants William Thomas and Philip Joseph:
PRO SE
A
CONTENTS
EXHIBITS
Marked for Received
identification in Evidence
Defendant Thomas's No. 13 24 24
Defendant Thomas's No. 14 26 26
Defendant Thomas's No. 17 38 38
Defendant Thomas's No. 18 38 38
Defendant Thomas's No. 19 38 38
3
PROCEEDINGS
THE DEPUTY CLERK:
Criminal Action 87-60, USA versus Scott R.
Galindez.
Criminal Action 87-61, USA versus Stephen
Semple or Sunrise.
Criminal Action 87-62, USA versus William
Thomas.
Criminal Action 87-63, USA versus Philip
Joseph,
Criminal Action 87-64, USA versus Ellen Thomas.
And Criminal Action 87-158, USA versus Scott
Galindez.
For the Government Linda S. Chapman and John Dominguez.
For the defendants, Mona Asiner and Mr. Robert Hurley.
THE COURT: Do you have a list?
THE DEPUTY CLERK: Yes, Your Honor.
THE COURT: Gentlemen and ladies, as you know, this
is a pretrial hearing, and on April 9 the Court directed the clerk
to send you all a notice of this hearing and to advise the Court
again formally as to whether you wanted the court-appointed counsel
or you did not want court-appointed counsel and whether you intended
to represent yourselves in all pretrial proceedings, including
the trial.
4
The Court is advised by its courtroom clerk, Mr. Burgess, that
Mr. Scott Galindez has not responded to the notice.
Mr. Galindez.
MS. ASINER: Mona Asiner, Your Honor, for Mr. Galindez.
Mr. Galindez did not appear for his arraignment, and he
is not here today.
I can only say that I know he has lost contact with his
colleagues and consequently has not been seen by them or by myself
for a period of time. And I don't know where to find him, quite
frankly.
THE COURT: Mr. Clerk, let me just --
The address you have on the official jackets appears to
be 270 Central Avenue, Albany, New York, 12206
Is that correct?
THE DEPUTY CLERK: That is correct.
THE COURT: Is that your address, Ms. Asiner?
MS. ASINER: The address that I have been using,
Your Honor, for Mr. Galindez is the address Mr. Thomas -- where
he permitted to get mail -- co-defendant Mr. Thomas, which is
--
THE COURT: 1440 N Street --
MS. ASINER: That is correct, Your Honor.
5
THE COURT: Northwest. All right.
Ms. Chapman, do you have any --
MS. CHAPMAN: Your Honor, I believe Mr. Dominguez
wants to make some representations.
THE COURT: Mr. Dominguez.
MR. DOMINGUEZ: Thank you, Your Honor.
John Dominguez, United States Attorney on behalf of the
Government in United States versus Scott Galindez, 87-0158, which
is a case also here before Your Honor that I am assigned to prosecute.
The Government would request the Court to issue a bench
warrant for the defendant's failure to appear in this case.
There seems to be no other alternative, although efforts
apparently have been made to try to reach him by defense counsel
and his friends and co-defendants; they have been unsuccessful.
I note that he failed to appear on April the 16th, although
there was no bench warrant issued then.
THE COURT: No application was made either.
MR. DOMINGUEZ: I think it might not have been appropriate
to ask one.
THE COURT: What authority do you have for issuance
of a bench warrant for a petty offense?
6
MR. DOMINGUEZ: Well, I think the alternative would
be issuance of a judicial summons to appear, would be sort of
futile. a futile act and waste of the time of the clerk because
he is clearly not at 1440 N Street receiving mail any more.
According to Pretrial Services, he has no fixed address
other than Lafayette Park.
THE COURT: Well, we had an address that I just read
into the record.
MR. DOMINGUEZ: That was 271 Central Avenue, Albany,
New York, which was a prior address according to the Government's
information, not a current address.
THE COURT: Well, sir, what authority do you have
for the Court to issue a bench warrant for the arrest of somebody
for failure to appear in response to an information involving
a petty offense?
MR. DOMINGUEZ: I believe it is in the code.
THE COURT: Give me the authority.
Let me have my Rules down there.
I was looking for them the other day, and I didn't know
they were on the table.
(Deputy clerk hands to the Court,)
MR. DOMINGUEZ: 18 United States Code, Section 3146,
makes it a criminal --
THE COURT: Just a moment.
7
THE COURT: I read 3146, and I don't see where it
says a person was released pursuant to that chapter of the Code
and have a bench warrant issued for his arrest.
MR. DOMINGUEZ: It doesn't say that in those precise
words. However, it makes it a criminal offense for an individual
to fail to appear after having been released pursuant to this
Code.
THE COURT: Well, can you represent and show me where
this gentleman -- What is his name? Galindez?
MR. DOMINGUEZ: Galindez was released pursuant to
this provision of the Code. your Honor, he was released --
THE COURT: What does the record show? Do you have
the record, Mr. Clerk, or do I have it?
THE DEPUTY CLERK: Your Honor, I have it.
THE COURT: I want to see what the record says.
(Deputy clerk hands to the Court.)
THE COURT: Apparently he was released by Magistrate
Burnett with Ms. Asiner as his counsel, directed to appear in
Magistrate's Court for a status call on March 30, 1987.
Did he appear then?
MS. ASINER: Yes, he did.
THE COURT: Was he given any other notice of when
to appear then, Ms. Asiner?
8
MS. ASINER: No, Your Honor.
There was no signed notice.
MR. DOMINGUEZ: That is not the sane thing; though,
Your Honor.
He may not have received a signed notice, but the Government’s
contention that he was, at that time he elected to proceed in
this case by trial by the United Stated District Court and was
advised by the magistrate that he would be notified of the judge
assigned to the case and when to appear, and he has, by absenting
himself from the jurisdiction, made it impossible for us to get
notice to him.
Therefore the Government argues that a bench warrant is
appropriate.
THE COURT: Ms. Asiner, will you respond?
MS. ASINER: Yes, Your Honor.
The Government has said that Mr. Galindez, in fact, has
absented himself from the jurisdiction.
I don't know that there is any evidence of that.
All we know is that there was no notice, any court notice
to him that he received advising him to be present, and I would
say, based on that, I don't think that there is grounds to issue
a bench warrant.
At the time he was released on 3-26-87 he signed notice,
and there was a time certain to return, and he did return, and
I, quite frankly, think, your Honor, that in
9
alternative might be for me to attempt to contact him at the
last known address that he lived for two years, but I think that
that should at least occur prior to even reaching the issue of
whether or not the Court has authority to issue a bench warrant.
His belongings, although not in great number, are still
in Washington, D. C., at his last known repository for mail and
effects.
THE COURT: Where is that?
MS. ASINER: At 1440 N Street.
THE COURT: Northwest?
MS. ASINER: That is correct.
THE COURT: Well, the application for issuance of
a bench warrant in the case of United States versus Galindez --
Is this 87-60?
MS. ASINER: No, Your Honor.
THE DEPUTY CLERK: Your Honor, we have two cases
with Mr. Galindez.
THE COURT: That is why I asked which case is it.
MR. DOMINGUEZ: 87-158, Your Honor, is a case I represent
the Government in making representations and making request --
THE COURT: 87-158.
MS. ASINER: -- and that is the only matter that
I represent him on at this juncture.
10
THE COURT: The application for a bench warrant in
that case just referred to, 87-158, will be denied, there being
no evidence before the Court that the defendant knew or was advised
of the hearing date today.
However, that does not mean that the Government is without
its remedy should it choose to exercise it under the law if it
feels it appropriate and proper to do so in the premises.
MR. DOMINGUEZ: Might I ask the Court just for purpose
of clarifying the record what remedy is the Court giving the Government?
I don't understand.
THE COURT: I am not giving you anything. The law
gives it to you.
I said you have remedies under the law if you wish to pursue
them.
MR. DOMINGUEZ: Are you asking our office to notify
the defendant at his last previous-known address?
THE COURT: I am not asking you to do anything, sir.
I am not directing you to do anything.
If you wish to proceed further by way of a different avenue
than your asking this Court to issue a bench warrant, you may
do so, period, and that is all I am saying.
MR. DOMINGUEZ: Thank you, Your Honor.
MS. ASINER: Your Honor, does the Court wish me
11
to remain for any other proceedings?
THE COURT: I would be very happy to have you here
if you have the time and would be willing to do it because I do
have some matters --
Are you sure you can't represent Mr. Galindez in the case
before the Court today, namely, 87-60?
MS. ASINER: Well, I didn't say I couldn't, I am
just saying that I am not prepared in terms -- I don't really
know much about the case. I don't have any documents with respect
to the case.
THE COURT: There aren't many documents, Ms. Asiner,
unfortunately.
Mr. Thomas has filed some and some of the other defendants
have.
I think you will be able to pick up on this pretty well.
MS. ASINER: Fine.
THE COURT: The able, experienced counsel that you
are.
MS. ASINER: Thank you.
THE COURT: I will appoint you to represent Mr. Galindez
in this case, 87-60, also.
Now, before we proceed to that, though, in this -- Back
up a minute.
In conclusion, with respect to the case of
12
United States versus Galindez, you are advised to advise the
Court and Ms. Asiner as to what further action, if any, Government
seeks to take in connection with this case on or before May 8
at 4:00 p.m., 1987.
Otherwise, it will stand dismissed.
MR. DOMINGUEZ: Thank You, Your Honor. I understand.
THE COURT: All right.
The Court in the beginning was talking about response from
Mr. Galindez in this case, and then it was detoured, if that is
an appropriate word, from 87-60 to the 158 case against him, also.
It was in that direction that I started to pursue, before
being diverted.
The Court mentioned that Mr. William Thomas had been asked
to advise the Court as to whether he wanted counsel and the other
question that the Court described in the notice it sent out on
April the 9th to the Clerk's Office Did Mr. Thomas respond, Mr.
Clerk?
DEFENDANT WILLIAM THOMAS: No.
THE COURT: Did Ms. Ellen Thomas respond?
MR. HURLEY: Your Honor, I am here on behalf of Ms.
Ellen Thomas.
THE COURT: You intend to remain for the pretrial
and trial?
13
MR. HURLEY: Yes, Your Honor.
THE COURT: Mr. Thomas, I noticed you did not want
counsel.
Do you want the services of a court-appointed attorney
to assist you in this pretrial proceeding today?
DEFENDANT WILLIAM THOMAS: I think I am prepared
to go ahead at this hearing today
THE COURT: Did you receive the notice the Court
sent you?
DEFENDANT WILLIAM THOMAS: No, I didn't.
THE COURT: If I am not mistaken, the clerk was directed
to send you an envelope, postage prepaid to return to the Court.
DEFENDANT WILLIAM THOMAS: Yes, that is true, and
the only excuse I can give, I was in touch with Mr. Mark Venuti
-- And I really did not get it straight with him whether he would
be available.
If you recall, last time I was here I made some mention
about Mr. Venuti, and I wasn't really clear on whether or not
he would be able to represent me in the trial, and, if he wasn't,
I wasn't sure what I wanted to do because I have been thinking
about it up to this point.
I am prepared to go ahead today, and so I didn't think
that, I thought that perhaps we could deal with whether or not
I would be represented at the trial today.
14
THE COURT: All right.
In response to the Court’s question -- which I did
out of an abundance of caution, as you obviously know and I hope
you appreciate, on behalf of you and your colleagues here, to
make sure all rights are protected to the full extent authorized
by law -- I take it your response to the Court's second inquiry
this time in writing on April 9th is that you do not want the
services of a court-appointed attorney to represent you in the
pretrial proceedings today?
DEFENDANT WILLIAM THOMAS: That is correct.
THE COURT: Very well.
And if Mr. Venuti does not represent you, in the event
the motion should not be granted today, you want the Court to
appoint somebody? Tell me now --
DEFENDANT WILLIAM THOMAS: I believe that would be
the best course to follow.
THE COURT: Very well.
Mr. Clerk, we want an attorney if we haven't heard -- appoint
an attorney if we haven't heard from Mr. Thomas by next Tuesday
at 9:00 a.m.
You call Mr. Burgess and tell him.
If Mr. Venuti is going to represent you, we will not appoint
somebody. If he is not, the Court will direct. Your failure to
let us know means we will go ahead and appoint somebody for you.
16
DEFENDANT WILLIAM THOMAS: Thank you.
THE COURT: Now, Mr. Philip Joseph, the Court ---
DEFENDANT JOSEPH: Yes, sir.
THE COURT: The Court is advised that you have chosen
to represent yourself today and at any subsequent proceedings,
correct?
DEFENDANT PHILIP JOSEPH: That is right.
THE COURT: The Court has not received Mr. Stephen
Semple's response to the notice the Court has been speaking of.
That was apparently sent to him at his last known address,
which is 3450 Terrace Court, Alexandria, Virginia, zip code 22302,
and according to the courtroom clerk, Mr. Burgess, the notice
was returned and no address was left.
Did you get the notice?
DEFENDANT SEMPLE: Yeah.
THE COURT: It was returned?
DEFENDANT SEMPLE: It was returned.
Well, that is right, because that address is no good. I
don't live there any more.
THE COURT: I see.
Where do you live now, so the clerk will make a note of
it?
DEFENDANT SEMPLE: Post Office Box, P. O. Box 27217,
Washington, D.C., 20038, two, zero, zero, three, eight.
17
THE COURT: Now, in order to return you every courtesy,
do you want, do you prefer the Court to refer to you as Sunrise
or --
DEFENDANT SEMPLE: Sunrise, just Sunrise.
THE COURT: All right. Sunrise.
Now, directing your attention to the questions the Court
asked, do you want the services of a court-appointed attorney
in these pretrial proceedings today?
DEFENDANT SEMPLE: I don’t think I will probably
need one today.
THE COURT: The question is: Do you want one?
DEFENDANT SEMPLE: Yeah, I would like to have one.
THE COURT: Today?
DEFENDANT SEMPLE: I guess so.
THE COURT: Are there any lawyers in the court- room?
DEFENDANT SEMPLE: There is a lawyer here that was
representing Scott Galindez.
I don't know if it would be possible, since he is not going
to be here, maybe she could work with me today.
THE COURT: All right.
Ms. Asiner, you will be appointed to represent Mr. Sunshine.
DEFENDANT SEMPLE: Sunrise.
17
THE COURT: Sunrise. I am sorry.
And will independent counsel represent you at the trial--
DEFENDANT SEMPLE: Okay.
THE COURT: -- if there is a trial --
DEFENDANT SEMPLE: If there is a trial, I have to
talk with my counsel.
(Ms. Asiner and defendant Sunrise speaking informally.)
DEFENDANT SUNRISE: Oh, yeah. Right. Right, definitely.
THE COURT: I don't know what you are saying, that
you are talking about.
DEFENDANT SUNRISE: If it goes to trial, then I will
have an independent counsel.
THE COURT: All right. We will appoint somebody to
represent you.
THE DEPUTY CLERK: Your Honor, I know Ms. Asiner
is appointed for the pretrial.
THE COURT: If the case is not dismissed and it is
required to go to trial, appoint counsel. Do you understand?
THE DEPUTY CLERK: Yes, sir, I do.
THE COURT: Ms. Asiner will be appointed for purposes
of the pretrial to represent Sunshine, also known as Stephen Semple.
18
All right.
DEFENDANT SUNRISE: Yeah.
THE COURT: Does that take care of every case?
THE DEPUTY CLERK: Yes, Your Honor, it does.
THE COURT: I am going to ask you to file this memorandum
in the jackets of each of the cases.
THE DEPUTY CLERK: Yes, sir.
THE COURT: The Court has just, as a matter of housekeeping,
received this morning an application by the United States, Linda
S, Chapman, Assistant United States Attorney, for leave to file
an opposition to a defendant's motion in the Ellen Thomas case
for trial by jury out of time. Do you wish to file such a motion?
MS. CHAPMAN: Yes, I do, Your Honor. And, Your Honor,
I didn't speak yesterday with Mr. Hurley, who was kind enough
to stop by our offices to pick up a copy of that motion, so he
does have a copy on behalf of Ms. Thomas.
THE COURT: All right.
If you will hand me up an appropriate order, I will sign
it.
MS. CHAPMAN: I am sorry, Your Honor, but I did not
come prepared with an order.
THE COURT: All right. Present one by noon tomorrow.
MS. CHAPMAN: Yes, your Honor.
19
THE COURT: I will grant your motion. In fact, I
have already read it.
MS. CHAPMAN: Thank you.
THE COURT: Now, do you have any preferences as to
how we should proceed, counsel for the defendants and counsel
for the Government, to handle these series of motions?
MS. CHAPMAN: Your Honor, I think the most appropriate
way to proceed, as I understand it, there are two of the defendants
who filed motions. Mr. Thomas, who has filed the bulk of the motions,
and Ms. Ellen Thomas, who has filed requests for a jury trial.
Your Honor, given the nature of the motions, it is our
understanding that Mr. Thomas and Mrs. Thomas bear the burden
on their motions, so I think it would be appropriate for them
to go forward with whatever evidence and testimony they have in
that respect, and we will be glad to respond.
THE COURT: All right.
MR. HURLEY: Your Honor, I would be glad to start
off.
THE COURT: Wait. Wait. Please. Please.
MR. HURLEY: First of all, Your Honor, the motion
we have filed --
THE COURT: Which motion do you want to address first,
so we can keep them discrete and separate?
20
MR. HURLEY: Yes, Your Honor. The motion for a jury
trial for Ms. Thomas. We feel like --
THE COURT: You have filed papers?
MR. HURLEY: Yes, Your Honor. I picked them up.
THE COURT: And the Court has read them.
MR. HURLEY: Yes, Your Honor.
THE COURT: The Court has read the opposition of
the Government.
The motion is granted. For the reasons set forth in Judge
Oberdorfer's opinion.
MR. HURLEY: Thank you, Your Honor.
I might ask, for the record, we be allowed to orally join
the motions that Mr. Thomas has filed before this Court today.
THE COURT: Very well.
MR. HURLEY: Thank you, Your Honor.
THE COURT: What other motions do you have, Mr. Hurley?
MR. HURLEY: That is the only motion, your Honor.
THE COURT: Now just a moment.
Now all defendants listen to the Court.
I am referring to Sunrise, William Thomas, Philip Thomas
-- Philip Joseph -- Scott Galindez.
Is Musser still here?
21
MR. HURLEY: No.`
THE COURT: All the defendants that were notified
to be here today, do you all join in Mr. Thomas's motion? if you
do, I want you to stand up and say, "Yes."
That is all you have to say.
MS. ASINER: On behalf of Mr. Galindez and Mr. Sunrise
we would join in that motion.
THE COURT: Very well.
MR. HURLEY: For the record, Ms. Thomas would also
join those other motions.
THE COURT: Your name?
DEFENDANT JOSEPH: Phillip Joseph. I also join in
those motions.
THE COURT: Very well, sir. Thank you.
Now, Mr. Thomas, you may come forward.
You have filed a series of motions, and I have to consider
each and every word you have put forth, and I want you to realize.
and I want the Government to realize, and I want every other defendant
to realize, and their lawyers the Court does not take this matter
lightly, any of these matters lightly.
In fact, this is serious business.
And that is the way the Court approaches this
22
case and intends to approach everything with respect to each
of these cases.
Now, Mr. Thomas, you're on my list.
I have your motion to dismiss what you claim to be a lack
of an offense.
Have you got that before you?
DEFENDANT WILLIAM THOMAS: Yes.
THE COURT: Is there anything that you wish to tell
the Court today other than what is in your paper that you submitted
in writing in respect to that. in respect to that discrete, separate
motion?
DEFENDANT WILLIAM THOMAS: I am William Thomas.
Well,Your Honor, I have taken the time to try to put everything
in a short, concise form, and I also ---