UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

* * * * * * * * * * * * * * * * * *
UNITED STATES OF AMERICA

*
07-CR-189-03-GZS September 26, 2008 10:04 a.m.

* * v. * * CIRINO GONZALEZ * * * * * * * * * * * * * * * * * * * *

TRANSCRIPT OF SENTENCING HEARING BEFORE THE HONORABLE GEORGE Z. SINGAL

APPEARANCES:

For the Government:

Arnold H. Huftalen, AUSA U.S. Attorney's Office David H. Bownes, Esg. Bownes Law Office, PC Cathy Battistelli Melissa Elworthy Susan M. Bateman, CSR, RPR, CRR Official Court Reporter United States District Court 55 Pleasant Street Concord, NH 03301 (603)225-1453

For the Defendant:

Probation Officer:

Court Reporter:

PRO C E E DIN THE this morning of CLERK: criminal The Court

G S for consideration United

has

action

07-CR-189-03-GZS, Gonzalez, for

States

America

versus

Cirino

sentencing. THE MR. MR. THE appearances government? MR. MR. THE correct? MR. THE so I can hear MR. THE old are you MR. THE the revised MR. GONZALEZ: COURT: you. GONZALEZ: COURT: now? GONZALEZ: COURT: 31. you received a copy of All Yes, sir. and Mr. Gonzalez, how Yes, sir. going to have to speak up HUFTALEN: BOWNES: COURT: Arnold Huftalen, for your Honor. COURT: Good morning, Counsel. your Honor.

HUFTALEN: BOWNES: COURT: for the

Good morning, Good morning,

your

Honor. enter

Counsel, record,

if

you

would For

please?

the

David Bownes And you are

Mr.

Gonzalez. is that

Mr.

Gonzalez;

You're

right,

And have

presentence GONZALEZ:

investigation
Yes, sir.

report?

THE it? MR. THE discuss it

COURT:

And you've

had

chance

to

read

GONZALEZ: COURT: your

Yes, you

sir. had an opportunity to

Have

with

counsel? Yes, do sir. you understand why you're

MR. THE here today? MR. THE alcohol in

GONZALEZ: COURT: And

GONZALEZ: COURT: past

Yes,

sir.

Have 24

you

used

any

drugs

or

any

the

hours? No, sir. I Do the find you this defendant Mr.

MR. THE is competent to

GONZALEZ: COURT: to be for All

right.

sentenced. you during

authorize of

Bownes

speak

course

this

proceeding? MR. THE MR. THE very much. government this point? MR. one HUFTALEN: We filed Your a Honor, on the it government to has BOWNES: COURT: I Is believe that Yes, I am, your Honor.

correct? sir. seated. Mr. Thank you t:he at

GONZALEZ: COURT: You

You may be seated, that

can be

Bownes. wish to

Does

have

objections

they

pursue

objection.

memo

relating

whether as

or

not to

guideline 2A2.4. the same

section

2A2.2

should be

used,

opposed

It's two prior against than

objection

that The

we

made has

In

the

related We

sentencings. nothing

Court to

ruled other

us. has THE

have

further in the

offer

what

been COURT:

included All

memo. you. is The

right. That the

Thank

government I refer

is

correct. to

objection probation The

overruled.

specifically to that

officer's officer is

response entirely

objection.

probation

correct Now, Mr. Bownes, wish let's to run through as part your of the

objections sentencing

that

you

pursue

procedure. BOWNES: with the Yes. respect original I think I to wish to that pursue we all of

MR. the with

objections respect to

preserve just objections

presentence some into of those

initial were

disclosures.

incorporated by report

reference

the

final were some to

some

presentence

and

addendum.

Those in

incorporated paragraph by instances, of the In terms of Mr.

paragraph, Gonzalez's was

response in the

offense

conduct

that

outlined

initial

disclosures. I'm talking about the I'm not talking

about

the

offense

when

I'm talking about aI, the

about

the in

offense the

conduct,

I'm talking et

paragraphs made

report,

basically 13, to each of for

and

we

specific and

objections those into

those

relative part, to

paragraphs, are

objections, the

the most respect

incorporated specific

addendum with

those

allegations. THE presentence pursuing; is MR. also with as I COURT: report that So lists the ten addendum to the that you're

objections

correct? There it, that and did were the I it two are ten objections. an I'm

BOWNES: think to the

about way

I'm pursuing the probation that based

obJection

respect these and

report rules the is, I the of

grouped grouping

charges, how they

think were

the upon that and

principle U.S. that goes

that

there and

victims; Marshals, there of is the

Government absent on, that

U.S.

think that

distinction in so the that

no

grouping

except and

analysis the

Probation and I don't

Departmen t, think I

grouping

articulated THE COURT:

that,

Judge. sure I understand what

I'm not

you're

saylng, MR.

either. The grouplng A, in the terms group, of how

BOWNES: Two

pseudo

Count

B and Count

they're half that a

counted. point

There's

an

additional of the rules

is of

it

assigned because the Probation It

grouping

are

used by MS.

Department? in a half a point,

ELWORTHY:

results

yes. MR. rationale grouped increase only one in if for BOWNES: that is A half that There a point increase, and be the

these would

counts be no had

wouldn't half a

that the

way.

point

Probation but

Department they and

identified

victim, the I've U.S got then up

because

identified two the U.S. Marshals identified that in they terms Mr. Office same

victims, I think

Government this they a right group half a

because in the

they

two did of

victims, and the come base

manner

with

point

increase is

level

offense, is that

and my the

position

Gonzalez's and the

position

U.S. are

Marshal's one any and

United
lS

States a

Government

the

There in

really and

distinction therefore, half

without the

real

basis that

fact,

that, for

grouping increase

rules
lS

they I

applied

that

point

improper. that I

think

that's

the

only additional

objection

haven't

articulated. THE COURT: So the ten that are set forth,

plus

this

one? MR. BOWNES Plus the one. I sort of fleshed

out

the a

double

jeopardy argument, guideline employed. I see

but in

don't terms

think of the I In. on

that's actual would

sentencing as

issue I

analysis like to do

guess

that the to

what guns you with

they brought to

THE sentencing. objections

COURT: Right

I'm going now I

listen to

just want to be

deal

here.

I'm

trying Okay. You have plus Do The you

clear.

MR. THE listed on the

BOWNES: COURT:

ten you

objections just

see an

addendum;

indicated

additional

objection. BOWNES: I

have

anymore? Objection in that I

MR. just

additional I've

articulated report that B can't I've

think let me

objected be clear Count

the that you

probation can't Count think be

just

pseudo be

count as

that

A and pseudo I to

treated

separate

convictions. and you I want

articulated They can't be

that

objection, as

sure. as

treated

can't

treat

them

pseudo New

counts,

especially after we to and use I take is the the

Apprendi position harboring that a a

versus the

Jersey

because

appropriate 18

guideline 1071, to

fugitive, brief memo object makes to with

U.S.C.

think

I've

submitted and we government

with the

respect

that

analysis, that for the an

factual to

assertions its request

respect

upward

variance

for THE MR.

the

guideline Any I

sentence. objections? that let covers you it.

I f I

COURT: BOWNES:

other think

missed

something, THE

I'm sure Thank to

I'll you.

know. are in

COURT: regard I

Your

objections set forth

overruled the

with

the

objections the

addendum. to in

incorporate of of those its

probation and I

officer's their

response response probation

each terms

objections reasoning. is

accept the

think

officer's All right. wish

response Does to the

entirely

correct. have the any

government as part of

witnesses sentencing

they

present

procedure? HUFTALEN: COURT: you Mr. wish We do not. do you who have any to

MR. THE witnesses present to

Bownes, to

that the

present

may wish

Court? I understand he would that to Mr. Gonzalez Is

MR. has that other

BOWNES: that

letters

like

present.

right? MR. MR. THE GONZALEZ: BOWNES: COURT: I I was planning going just to for to read the read them.

You're have, Jose of

them? record, I Armed

received reviewed,

letter and a

from

Gonzalez,

which the

number

documents

from

Services

which MR.

indicate

citations should that

and

recommendations. been other to the

BOWNES; Corinna

There Cooper Mr. Let me Okay.

have

letters

from

we

forwarded

Probation

Department. THE MR. THE COURT: BOWNES: COURT: Barbara BOWNES: COURT: the

Hearington finish, Mr. Bownes.

Rosemarie Cummings, Yes. and

Harvey, Corinna

Mike Cooper

Hearington, MR. THE citation Fleet the and

Jose In

Gonzalez, of the

plus

from

Commander Dubin, 1, I

Chief

Pacific of

Jeffrey dated MR.

Shop
'06.

Officer, Any

Department

Army,

July

others? Gonzalez has other

BOWNES:

believe

Mr.

letters. THE allocution. MR. THE additional

now.

COURT:

will

listen

to

him during

BOWNES; COURT:

Okay. If I'll you wish to file and any review them

letters,

receive

them

MR. them, Judge. THE them, I'll

BOWNES:

think

he

would

like

to

file

COURT: them.

All If

right. he

If

he to

wishes read

to

file
I ' 11

take

wants

them,

10

listen

to

him during MR. THE BOWNES: COURT:

allocution. Mr. Gonzalez

It's will

up

to

you. them. Let me

read

That's

perfectly regard

fine. to

hear

from

the

government

with

sentence,

please. MR. briefly. the Court The HUFTALEN: government a Thank you, your Honor. Very that is a

respectfully in this years

requests which basis

impose

sentence of

case The

non-guideline the

sentence

ten is the as

for

government's

request

follows: testimony perjurious which was to the pleadings New at in

Notwithstanding trial,
a

defendant's sUbmits least direct was of

which of

the

government not

number in

respects,

the with and

his any

denial

any

activities officers, made is a

violence

law enforcement factual that the

notwithstanding Bownes man, in his to

assertions defendant for no

by Mr.

peaceful other is this

came

Hampshire

reason

than not a

peaceful peaceful man. as the Court is

objectives, The well-aware established was

the

defendant in

evidence

case, the

from that

sitting this

through

multi-week and some of

trial, this

defendant his own and a

established through failed in

testimony was expelled

the at the has age

defendant of 15.

school

The

defendant

started

family,

which

resulted

in The

less

than

perfect

circumstances

today.

defendant that he

testified concerning his held and put a gloss to on that a job each

numerous series for of

jobs jobs than

implying six months

that was

his

failure the

hold of

more

somehow

fault

employer. The he of was the an defendant joined the in the that Navy and yet claims the that

admiral

seaman

Navy; he

records to

Navy the

clearly

reflect of

was

requested

leave

Navy because The defendant New

fitness

issues. to the to one Brown the of Brown which it it The brought was

then

traveled He

property

in

Hampshire. with

traveled guns, I

property and brought was a a semi-automatic It was

him two

assault

rifle.

believe I have

Beretta.

introduced at to show the

trial Court Mr.

here. Court from

I'm not knows Texas. a

going

again.

exactly what He brought

weapons that

Gonzalez rifle

assault

and he

brought

handgun. He went to the he Browns with a those 50 weapons, and

while which

at is

the also as

Browns in a .50 a the full

purchased

caliber which was

rifle, also

courtroom today, exhibit at trial is a

introduced

The of more than

caliber

rifle

rifle

with

range

mile.

There

were

incendiary

rounds.

12

There rifle

were found

armor at

piercing Browns. was Until at

rounds

for

that

.50

caliber

the gun

That period of left, went as out

the

Browns

for

lengthy When he

time. the and

the

defendant the

left. Mr.

Court

knows

from

trial, .50

Gerhard

purchased a

replacement

caliber

rifle. At Brown Mr. the time the on the the two the search rifles third of was were floor the Mr. conducted of found with the

property,

in place. site The was the and other found house on

Gerhard's lines

was out

firing .50 the

front

house. Riley, of

caliber, second

which belonged to overlooking both even

floor

the front

back and in

covering

all This

access defendant at the

bac k. his attempts at to

failed as

prevent

violence he had has an he

Browns, in his

he's up

failed

everything event. was He the talk not had He

done

life Mr. for

until

this but that

argument had been

with there

Brown,

until an

several months. resulted was in

argument

with

Mr. and

Brown which although

defendant in the

leaving,

there that

some

record before

trial

that

would

somehow

constitute it the did

withdrawal and The that

from was

the not

criminal pursued at nothing to

activity, trial by

not,

defense.

defendant

did

13

withdraw

from of

the the

conspiracy, danger by that

did

nothing them, and

to

alert of

law

enforcement which were

faced

many his

contrived

the

defendant

co-conspirators. What violence trial was come a man to in and of the defendant to the did was Browns. he He brought testified at that no he

his I

mind very

generally paraphrase and he that was he at intended the

peace

violence

anyone His

while

Browns. were he a played by way while at the or

own

statements, hinted to belies attempt you that

which that he

of

videotape, property he did As not the

was man

Brown that

was

of peace

violence. officer the has specifically investigation I paraphrase, here. because military

probation 18 of

noted

in

paragraph the the

presentence and again,

report, although We're they

defendant PSI

said it

quotes the

directly won't know

we're come of in

armed. know we

They, re

Feds, they

armed

and

our

training. Nothing which to and the the was made can be drawn by he from the and to that statement, and posted him

voluntarily other has his than

defendant others the

Internet,

with

government under

submitted control

Probation to do

Department

intended

14

violence others and

in

the

event with

the

U.S.

Marshal to

Service arrest

or

working

them attempted

Edward

Elaine

Brown. defendant sits before he's He's a you today, in I any

This submit, criminal in

complete

denial

that

engaged

activity whatsoever. He the He has Brown shared which military property his
lS

dangerous that the he brought

individual. to bear in

training and on

Brown He shared the

property. his

military extensive, United their

training. of weapons

knowledge, of

for

purpose Service

preventing carrying

the out

States lawful for

Marshal duties of

from

arresting arrest

Edward and were

Elaine

Brown, this not a

whom valid The man who

warrants is

issued by if he is

Court. violent

defendant intended

nothing

violence. He testified paraphrase would be that yet the he the that he came to New Hampshire he He said

and

again

generally next Ruby

because Ridge.

believed he was

this

fearful

government and he while

would brought he in was

intervene guns here. case He and he

with

violence;

came

purchased I

additional submit that a

weapons the

that he

evidence to

this

demonstrates came here

intended

cause to

violence.

with

specific

intent

wreak

violence.

15

He

came

here which

with were in

weapons not

and purchased capable to of

additional but were ready and

weapons

only way

and positioned death to

such a

cause

violence

innocent During

law enforcement direct

officers. much the convict to a him to the

his

testimony he

surprise

of

the

government

admitted facts to

government of a

submitted

sufficient

Pinkerton

liability theory with No destructive this gather in

respect device

destructive have been

device.

charges the

brought was he

against to

defendant any the on

because to

government suggest

unable was

evidence

that of the he

involved

manufacture the

or

the but

placement I'm sure testimony the and Brown again Mr.

destructive Court will

devices recall

property, direct I was to

during Brown,

his while

said that

Edward

at be

property, I

handed a

him what

appeared for the

paraphrase Bownes then

prototype him the

spring guns, the and

guns.

showed were this

spring at

destructive he said,

devices, similar

that to

admitted but

trial,

yes, He

slightly it and
I

differenr. asked

said Mr.

Brown handed these,

yes,

to his

him and answer

but I

him

if

he in

could

construct

again

paraphrase

was,

can,

wonrt

because was. It

I'm against was an

mines.

That's mine

exactly what designed to

it be

anti-personnel

16

triggered walked

remotely the

and

kill

law enforcement

while

they

through He

Brown at

property. point withdraw that from in the

didn't and tell

that

conspiracy to the

law

enforcement and

addition were and what

firearms, and on In

the

rifles to

handguns

that bombs

there, else

addition

the

gunpowder also could back

was

the

property, mines he that

there they it

existed be to killed Mr. was by with.

anti-personnel

Instead, knowing intent what was, Mr. both

handed

Brown and what his

Brown's express

mental and is a

state

implied

his

actions.
He's a

This dangerous concerning man, the

defendant

violent man. what the

and notwithstanding guideline what be, the

PSI

says

calculations Court finds

and the

not guideline that under

irrespective calculation Title 18,

of to

the

government and the

submits factors the

Section this of

3553 (a), should

enumerated

therein,

Court the

sentence to a

defendant, far in in the

independent excess PSI and of as

guidelines, the the

sentence

whatever found by

gUideline Court is.

calculation

The years this of or case two

government

submits

that

sentence

of in

ten

120 months,
by imposing of

which a

could be of one

accomplished 60 months on

sentence

each to

the

counts

conviction,

consecutive

17

the

other,

is

an

appropriate this

sentence to

in

this

case him,

to and

protect to deter

others

from

defendant, you. you. you, end Mr.

punish

others. THE MR.

Thank

COURT: BOWNES: at

Thank Thank tail is

Bownes? Honor. I guess

your and

I In

want this

to

start

the years

simply

reiterate. that's

case for

five those to

the maximum articulated Count

sentence in my and

allowed with treat

reasons you but I

objections how why to in you the

respect Count

how

treat

Two

Three, reach no

think we We their

can can

guess come

jury could reasonable matter.

decision. about

some this

conclusions

verdict

Their was and aiding there and was

verdict, abetting. no
924 ( c )

with It

respect doesn't for

to

Count

Three,
violence,

involve

charge Count

Count the way

Three. it was

Their

verdict

with

regard the

to

Two, I

instructed by articulated with which the the fact what is

Court allowed

and

think

I've convict is really 12(a) 12 (b) B, is of of in

that

them to

either which

probation 12 (a) of

called Count indictment is Count call 1.

A,

the That

paragraph Paragraph count same. those

indictment indictment, Count

which The same

they

pseudo is the to

Three. the

language with

The counts

elements

are

respect

18

The respect to

jury could
5,

not

reach

verdict a

with in reach fair

Count
a

which was

using and 1,

firearm they I

connection with a to verdict say with the

92 4 (c) to

charge, Count

cannot it the to the the a

respect verdict you

so

think and

from

that is

they that

reached they 12(b)

instructions decision with

that

gave to

came of

respect

paragraph Count one

indictment, and use abetting of

as

instructed and neither

Three, which

aiding the

charges,

of

involve

force. The government's I ton think of I memo and their request the is

based upon as

what a

described

during

trial

literally all

evidence, of and

Tannerite, 2007 when

bombs, they him. secured

weapons,

found Brown

in October residence

searched the Actually, warrants

arrested and then

they for I

arrested him first search the of the

the

residence. that of the I spent day that the the

know

Court the

recalls video

considerable government condition condition time frame I

time

with

went of of the the

into

the

Brown then in

residence in October April there. with was I

comparing to the June

premises premises

the was

through

when Mr. spent

Gonzalez

considerable I or 2,

time which

think

it

was

Government's

Exhibit

the

diagram

19

of bombs

large

diagram of out by the

the

premises and

with

all

the

marked

government and Ms.

with Ms. I went over was was

Canario

and Mr.

Johnson the

Cooper. of when the Mr. This to

specifically what in the April to show to

conditions time frame

premises Gonzalez place

June

there not an

the

stark difference. with was respect out is any to of a

was

armed Mr.

fortress Gonzalez of 2007. himself

this Brown

matter. residence He

the

by

June

23rd

That with

given of go the

fact.

didn't there. was

involve He

activities That was He it

advised people That was

not his

there.

dangerous. testimony embrace THE MR. THE MR.

testimony. of the

That

other did

during

the

course

trial.

not

COURT: BOWNES: COURT: BOWNES

Why was Pardon? Why was I

it

dangerous,

Mr.

Bownes?

it

dangerous? as I think kind he of a been to shown

believe Mr.

testified,
j e r k,

he

believed that and doing

Brown was he

whacko, I

things

shouldn't they would

have like

doing. put
a

think the light gun that or he on

testimony testimony like of

this

the

about that that

him being that

spring

something was for part a

and

that's use

evidence that as

they

could

evidence

destructive

device

charge.

20

They but you them going

haven't that's doing? for to

brought of the

the

destructive he

device Like You

charge, what don't are use

one You

signals use

gets. things do it. that

don't

those

that help

purpose. you. It's

You

don't

I'm not that he that,

soon and the

after he

leaves as I

the

Brown I went

residence through we

communicates with actual that he

think

testimony for an

him.

Although withdrawal been that wise to

didn't I

ask

instruction, under the He had

don't

think but to

would

have

circumstances, communicates actually any all, He's it

communicates Cooper.

Riley. sure with dozen the and met go he Mr.

Corinna

I'm not contact it to a

contact but made He's he

more communicates own plans. some

Gerhard at

individuals. Brown he's up back

his done

He's

left

residence. gone back to

traveling, He planning That's occurs to

Texas and he's

with Mr. to

AI-Oboudi, a

Iraq on and what is

peace mission. the Browns that do he and what has

what at

he's

done,

the

residence

something

counseled

against. THE COURT: Was he planning to bring firearms

to

Iraq on

the

peace mission? I don't believe he would be

MR. doing that,

BOWNES: Judge.

21

THE government man of is

COURT: asking bring BOWNES

guess how

that's does with a man

the

question who is

the a

lS,

somebody him of to

peace MR.

firearms Being are not

this

location?

peace

and He

possessing testified

firearms

contradictory.

THE abstract
a

COURT:

I'm not

asking

you

in
I

the would like

whether

they're

contradictory.

MR. THE explanation to this

BOWNES: COURT: of the

I'm Just

telling a

you I would the like an

second. for

purpose the

bringing for at

firearms a

location

and

purpose

purchasing the

long-range

sniper-type BOWNES: He

rifle He

while

location. let me go

MR. over that. That

testified, that way he of was life

Judge born for has

testified were a

in Alice, him. guns. guns own That That that

Texas. his the

were

guns

family two

had

guns.
were

That

everybody the
were

guns

that down

seized Texas

three his

seized

in Alice,

personal

guns. He the that testified, with bring and I submitted to the for
.50

the

portions
gun,

of

transcript he didn't

respect

caliber

them there He's a

the who

purpose uses

of

threatening

people.

person

guns,

22

likes

guns

and

uses

them. of a a

Lots gun, in

of

people of

do

that

Possession doesn't true, a mean lot is you're of in

and

itself, If that's Second

dangerous are in

person. and

people some

trouble, also, and

the

Amendment about

trouble, was clear,

but your

his

testimony if you

those I

weapons spent Mr. a

Honor, of time

remember, respect That was to

considerable on That the he

amount of

with

Gonzalez

issue didn't in the

these them

guns. for the

our of was I

defense. that not was he

use

purpose That he

claimed was not

indictment. the went 924 (c) over each got each

guilty of time. at the with I

charge. of an of to the

spent

considerable were found

weapons

that

residence, respect with to

explanation those this

from Mr. got of

Gonzalez

weapons, purchase

specific .50 to

testimony

respect

the

caliber other that of,

weapon, two he's you

specific that

testimony with have been got

respect

the guns

weapons used know He

his

personal

for that didn't

years, all of

personal guns

knowledge

and in

those

were for

recovered Browns

Texas.

leave with.

them there He took To

the

to

arm themselves he left. because he's

them with that

him when he's

impute guns

dangerous his

familiar and that

with he

that's I think

military

training

has

guns,

that

23

THE that he

COURT: have or is

So the law that

your

position to

lS,

Mr. the

Bownes, United the

didn't Marshals warrant; MR. THE

weapons

deter from

States arrest

enforcement correct?

executing

BOWNES: COURT: let me

That's Now,

correct. to me the only video reason they their that law to use so they're are the

explain from in it:

language government know they

quote rolled who

The is

hasn't have

here

because

people

have own

been law

trained by

own military here now

and by

their

enforcement and know you prior how

literally both military that they are have oh,

here,

enforcement the
it's

and

they

weapons not to

been

given got

and,

know and

so much, kill

they've who shows

weapons We

going

anyone to

up.

have

weapons we is a

and we're actually serious Explain

going know

defend is

ourselves on. You

because know a

what

going is

this

situation. that MR. to me. BOWNES: to the

This

basically

revolution.

Okay. and

will. I want of

I you

want to

you

to the of I I

recall

back

trial, and the in

recall

cross-examination the video. it and What again, I I

playing redirect

that

snippet is

did

examination it in

played got up

and

when it

they played because

closing, one

played

again

that's

24

interpretation, and this is what

but he

here's

another to

interpretation this lS why his distrust that for I the he

testified for the

and

came.

He's

concerned is Waco and

safety

because He To has a

experience for

Ruby not

Ridge.

marshals. is not

That's

unlawful. To hold a

hold

belief

unlawful. he

distrust I is think not

government developed with

which in the to

developed

and

sentencing memo his conduct. saying there He's have of a is

unlawful

respect What

he's

not

that

I'm gOlng his

to

shoot

O.S.

marshals. to say, the of we

simply expressing right to defend

lawful

right

ourselves what he's

against one force. He

use

unlawful

force, the

which use of

is

his

expectations

unlawful

doesn't

know

New

Hampshire. situation, experience the

In and that

Texas the he

it

may be

an

entirely different that he a had and the

evidence would least other and we if

had at in force, I know the

support on

belief

that

U.S.

marshals, state

several

occasions

in

his and

home used

and

areas, you

acted

unlawfully if you

unlawful

read play it

actually the went but course right if you

listened of at the

didn't

during I

trial,

whole

snippet, to that

because

him with that whole

respect

snippet,

read

25

speech come

up

on

the

remember, of this

the until

government sometime we of

doesn't In know about but

into

possession of 2008, and

February when if the

it's

not

something In October if

Browns that

are

even

there

2007,

you

read

entire that he

interview gives, He he

you

read the his

entire

interview

speaks about his a

about

philosophical for the

beliefs. He

speaks

his

distrust to

government. taxes He to a and why.

speaks He

about on

opposition of with

income

speaks

number

things. respect can if put you

voices number

his of I

First Amendment things, guess and that to you what

concern can put

you is

reasonable step over here, not

he's

saying shoot

I'm going he me said. see

unlawfully

you,

but

that's THE

what Let

COURT:

if

I if

understand what someone at Ruby believes Ridge,

you're the they the

saying.

You're acted to an a

saying

that

government have a

inappropriately bring guns arrest to a

right has

situation where from that this your court

government to

warrant Is

and wants position?

arrest

defendant?

MR. THE me then? Why MR.

BOWNES: COURT: would BOWNES:

No. What he is it you're trying to tell

bring He said

guns? he had a right to bring

26

guns

there.

He

didn't was the the

bring whole of

guns focus the

there of

to

threaten trial, the Jury

anybody. Judge. to reach It a

That was

the

focus

inability of

verdict. COURT: BOWNES How I do you know that? That was my

THE MR. focus. THE sitting the in

tried

the

case.

COURT: jury on

don't

think are the

any

of to

us

were why can I

the

room and any of

able two

define

jury was but

hung you

matters

You than

surmise, know

certainly

know

nothing more

about

it. BOWNES: As I and indicated, here's a you can make

MR. reasonable assumption.

them an "or"

assumptions, The way you

reasonable Count Count "or" hung Two gave the

instructed on

They

convicted him Count and of 12 (b),

Three, was

aiding same 1, use

and

abetting. aiding the use

the They

the

charge, was

abetting. force, they hung that crime

on Count the

which of

which had on he of

actually had to find 5,

force

language

that

beyond a which

reasonable means that in

doubt, they

and they to find of a

Count

had

possessed a violence. to those so They I say

firearm didn't it's

furtherance a verdict to

reach

with

respect I know

reasonable

assume

it's

speculation.

27

know

can't them. it's THE a

get I

into can't

the

juror's out

minds. the

can't

go

interview was, but

find

what

verdict

reasonable Does

speculation. that mean that as I'm of my

COURT:

prohibited analysis

from making regard BOWNES: you to

that

finding

part

with
MR.

sentencing? legal perspective, and I don't I want

From a

don't to get

think into

can make back the into issue a

findings Jones of and

California you can

versus

Cunningham and his sentence

whether by a a

increase

without

finding can make

jury beyond a finding, be the

reasonable but it

doubt. be

You

contrary It

wouldn't as they I

appropriate. are. can make a

wouldn't

facts

really

suppose the

you

contrary of can

finding. what do they

You have

can

adopt

government's since day

version You

been

pushing

one. They're

that. this it and it",

They're

still

pushing

it.

still

pushing at

destructive saying, hooks "I

device don't

charge to

as have

if

he's

looking to do

want

anything device

with

him

into

destructive been

charge. on

They're very

pushing issue

that. day

We've one. this did

pushing

back

that

from

When in January, I

case

was

scheduled a little

to

go

to

trial I filed

something

unusual.

28

an was

extensive going to

pretrial occur out in on

statement this the I case, table did

with and

respect I

to

what

laid Mr. as I and I

Gonzalez's presented kept doing So Court that ask he

case it at

exactly in

trial.

that

January,

it. when I hear the is government it say to or the

the

question, there use to

reasonable Browns and I but of

assume

went and

arm the to

shoot suppose that's the not

marshals that's what That very

force

defend of the my

them,
case,

been

their and

theory that

happened, was Mr.

was

theory of the

case. the

Gonzalez's

theory

case

from

beginning. So I the urge you not to with adopt the facts to he as put We're for a

forward talking long that

by

government two he personal brought

respect that

this. had

about that

weapons with of gun, him the

time he

from Alice, time. you

Texas

carries about a

with .50

him all caliber this up

We' r e

talking Mr. .50

and

can this

remember

Kinsella caliber him His

holding up on to the the

holding
see,
it's

jury,

dangerous, didn't occur. I could

convict

924 (c) is:

charge,

which

testimony always I got

They're one. was It for

valuable. was my an

get

it.

I've

wanted it. It

opportunity.

own

personal

29

use,

and

when

left no

in

June,

took when they

it he

with me. left in June in 50

There's he took it with on

dispute

that when

him because September

arrested him was the

Alice, caliber

Texas gun. So I

12,

2007,

there

suppose the

that

you

can

make

finding can also

consistent make that a

with

government's with this of

case.

You of I

finding

consistent used in in

the

theory and as

defense the of a

we've

always claims it,

matter, this,

government buttress to

support he's apart Browns a

kind

that

violent, from his and

dangerous limited

man.

Your involvement guilty of

Honor, the and the

with

he's

been

found

aiding with of

abetting. Browns, man's he

Apart

from

his instance lead

involvement in the

there life a

isn't that

one

conduct to

this that

would

anybody man.

believe the

was You

violent, find not

dangerous his dangerous that's that to

Quite

contrary. he he life

would

character

and what When I say the

did not was he to I a

violent, man of

peace, I

because the

that's I had

led.

When

argued I had

jury,

evidence

support had a

it.

witnesses

and

testimony. I

peace

activist, testify. of a man

Mr.

Hearington, You heard

testify.

had Mr. about

Al-Oboudi what kind

their

testimony

he

30

is.

You

have

the

history now with to his since a education, he came

respect to what from

to

his

military been went and

service,
what he

he's Iraq. He

did as

back got

over came

there back

subcontractor,

disillusioned the War in

and

started efforts

against

Iraq. You respect of to have a letter from Barbara You three for Cummings a with

his

peace apart the

activities. from these

have

plethora and tells he's

information glven Mr. you

weapons that That

we've you not

explanation is not a

that man.

that a

Gonzalez man.

violent

dangerous hurt

He's Never

never

assaulted in

anyone. conduct

Never

anybody.

engaged

criminal

whatsoever. You in the memo, No to know, he is if you use the study No that I cited

an A category. arrest. His is

prior of

criminal

history. according percent.

prior the

risk

recidivism, less than

7

2004

report,

something

So,

yes,

we that

take he

exception brought

to

the to the Brown We

characterization residence provided of his to you

guns We

threaten with that

anybody.

always during and Mr. I

have. the

explanation all true, to

course you
is,

testimony.

That's with

provided
Gonzalez

with

information

respect

who

31

detailed account brought

of

who

he

was, Brown

where

he

came

from

and what of '07.

him to

the

residence

in April

He threaten faith He his for was

wasn't He the use

there was

to

shoot to of

U.S.

marshals his own tax a War his that

or good law. for

them. of to for

there

support the

belief there

wrongness the Brown

income as

residence against

forum in

beliefs, his

his of

advocacy

the for and

Iraq,

advocacy cause,

uranium depletion, that's respect that what to the he did,

own was

private his

and

testimony with I

those

issues. relies it's on

understand from of for the the

government I that think we

this fair,

snippet in on

videotape. arguments the it,

also I

terms them time Apart

were making, conclusion, it. that he went

relied and

exactly

opposite I played

every

they played from the

wrong to

conclusion

to

the

Brown

residence and he from is an the

arm them and

forcibly of any of for

resist of this, a very

U.S. that what short

marshals apart you have

wasn't

convicted

government's who of

version is there who

individual to with June

time,

from April himself go life

2007, tells his

leaves, not to to as

disassociates go there, on

that,

people own

doesn't his

back and makes and his own

plans

move

with

peace

efforts,

32

you've

heard

during what

the it So

course is, in and the

of I

the am,

testimony. of of one this course, that perjurious matter. on

lS

That's Gonzalez's advocacy, statement I

Mr.

advocate. tell he you

course wasn't to

that

there

that The

made

with that don't he

respect the

evidence and I

government how at they and

relies spin

this

videotape,

know looked they

this

destructive but all. that's I

device the

that

disavowed, That's

evidence that's a

that fair with

rely

on.

think I

statement. that with

Even Mr. respect to

Wolffe, this. what's been

think, was put by

agreed Mr. in

That been

Wolffe's the

testimony, report Even to Mr.

contrary to and what's Wolffe U.S. warrant

probation

argued put

the

government. Gonzalez in the true. in

doesn't marshals I think

Cirino force

there

resist of

with all of

execution

their

that's outlined

I've a to downward call

the memorandum I hope, is

in the

support right but and I

of

variance things. knows I

that,

way

those

I'm not what I'm and

exactly talking cite were

sure, about,

think last

the

Court

the

paragraphs in

highlight some of of

the

specific

guidelines prohibited. which were

5H, Some

which were

formally Some of

which

discouraged.

encouraged.

33

There themselves he's

wise

are

many

factors who

in

the

guidelines is and what been a of them.

that with

speak about his life. to

a

this

man

done

It

might

not in

have

decision not this there, of

to

go been

the
wise

Browns

support and but

It

may

have

decision,

I'm not I guess he with his

making comes a

decision from the

for

Mr.

Gonzalez,

U.S. of

marshal's

perspective, because got not he a it of

stamp

some with

kind the it

security and

genius they That's

experience then and

military, wrong he not

wrong he was you

they

got

now. told

why

there, was for the Mr.

and

that's He He

what was was

you. to be

What set an up

told

truth. Brown. what If he you

there to

fortress and

there

advocate,

that's

was. recall all the the testimony, who was after Judge were even Mr. there a the in

testimony that if June

from time

witnesses and there 13th

frame on

jamboree,

you

will

recall, was going have local

July of

Gonzalez That was

left not what

there was You

none on.

that

mentality.

videos police

of

Jason

Gerhard

serving

U.S. It

marshals was was not not a a

or

departments that that was was

hamburgers. going on.

bunker

mentality

There the

siege mentality

overcoming

Brown

residence.

34

I what

think

the

U.S.

marshals'

own

description surveillance was

of In

occurred was May, into

that the

their

basically time of

April, It was

early the

June arrest of

frame Dan

benign. it

covert. little to

After in

Riley, more

changed a with came June

terms but

they

were

noticeable

respect here, 23rd

that,

still of

thousands people it.

of people to the of them, could to

Judge. jamboree to the

Thousands I'll July

came

call

Thousands Lots so of

people

came to

14th

jamboree. had weapons bring the

according

the

testimony, They

they

lawfully possess. shoot people.

didn't

weapons they

They brought them. that's the an

them because

personally I respect to

owned think what

accurate was

statement at the

with

atmosphere Cirino

Brown that Ed

residence, Brown he has is

and when doing

Gonzalez crazy, his you That's no

realizes being a

not

talking with

jerk and and his

I

the

disagreement Romeo

father heard what he

there that. does, that

brother-in-law there were

there

think he

issues back.

there.

and

doesn't

look

There's you to

evidence Mr.

he

did. for

I'm asking the man he that was at he is.

sentence him

Gonzalez you but his

Sentence and

for of

the man 2007, with

think you

between April his history,

June he's

if life,

look

what

done

35

what for of

he's his

done,

the

struggles that gives

is, and

that you

he an

has

gone

through picture

education, Cirino

accurate not the

who

Gonzalez has

it's

picture day one

that and

the tried

government to I paint that the the

been the

painting course of those

since of this

during in

trial.

ask of

light

considerations respect is no to

and

in

light

3553(a) person,

factors that He's do

with

Cirino that an

Gonzalez, he's to a not hurt man

there not

risk not

dangerous. anybody peace. or

there's harm. to and He

agenda is

anybody no

really

of

There's

need

punish that a

him more sentence

than of

he's

already been is, for in

punished, all

time

served you

respects,

appropriate. THE Gonzalez, as

Thank COURT: the and

your you,

time. Mr. Bownes. Court Mr. for

Thank

defendant

before of

this

determination entitled the to

imposition a

sentence,

you're to address like, I Is give

and You

have can

constitutional me may to anything affect

right you

Court.

tell that

would

including you. there

anything also

the

sentence at all.

You're

free

say like

nothing to sir. say?

anything MR. THE

you would

GONZALEZ: COURT: to All hear

Yes,

right you.

Speak up,

though.

need

to

be

able

36

(The under separate

allocution cover

of

Mr. it

Gonzalez was

is

prepared

because

previously

requested) THE Huftalen, you MR. THE MR. THE I've presentence contents this heard COURT: get the Thank you, last word. Mr. Gonzalez. Mr.

HUFTALEN: COURT:

Nothing. else? Thank Thank the and you. you very much. of the

Anything

HUFTALEN: COURT: All

Nothing. right. reviewed report,

carefully

contents I take

investigation account also

those in

into

in determining carefully the of

your

sentence I

case. from

I've

considered what of the

counsel I

during all

course

proceedings. exhibits. as I I the made make

read

the

defendant's I heard of

sentencing as well

I've

considered what of the on

today,

contents my the I

allocution disputed

this

defendant. At this time

rulings

all

items.

following find the

guideline facts, as

calculations: set to forth Count in the

presentence conspiracy States, the

report to

with

regard

Two A, United find and level the use

commit

offenses level

against is 10.

the
I

base

offense

defendant was

possessed a

dangerous the

weapons offense

its
lS

threatened;

therefore,

37

increase

by I

for

total the

of

13. has attempted of justice for a to in of

find

that

defendant

willfully the 15.

obstruct case.

the Two that to be

administration levels in a are

instant I'll

added

total

discuss With

few

moments.
B ,

regard I will

Count filing Again,

Two my
I

the

base

offense of the

level

is

19.

computation find that the

guidelines defendant justice.

in

writing. to it

attempted Increasing Count

obstruct to

the

administration

of

21.
the fact,
I

Three,
19.

accessory after I also the find the

find

base

level to

of

defendant of justice

attempted with

obstruct to the

administration of this

regard

prosecution it the to

instant

offense.

Increasing Pursuant to

21.
adJustment, has a a the

multi-count defendant in

combined

level

is

22.
of 1,

The

Criminal range

History Category of 41 to

resulting

guideline

51 months. The defendant supervised than three The is not eligible is The at for probation. two years, is is

The but

term of no more to

release years. total is

least

fine

range

$ 7 , 500
$200 .

$75,000. for each

special

assessment

$100

count

mandatory. objection, Mr.

Reserving

the

government's

38

Huftalen,

do MR. THE

you

have

any

additional your

objections? Thank all you. your

HUFTALEN: COURT: do Mr. you

No,

Honor.

Bownes, have any

reserving

prior

objections,

additional

objections? MR. THE obstruction intended give have. That the He was to BOWNES COURT: count, No, All it's your right. apparent Honor. With that by knew on in regard this to the

defendant to

obstruct

administration when he

attempting he

jury knew an to In

instructions what my as

should not subject.

ruling

was

that the

attempt, obstruct

indicated

presentence

report,

justice. this defendant The repeatedly during standard have matter for

addition,

his

testimony perjured himself. is that the defendant

a

obstruction false

must

provided with the than

testimony intent of the

concerning to provide

material

willful as In a

false

testimony or find

rather

result of

confusion, following

mistake cases I

faulty that

memory. standard to

each

have

been met: With regard to the or to day of ten, New page 45, he to of denied confront the he did,

that the

he U.S.

came

State to

Hampshire efforts find

marshals That

resist

the I

marshals.

was

perjurious.

that

39

in

fact,

come and of On

to to

New

Hampshire them

to

confront enforcing

the the

marshals warrant

prevent

from

arrest. page he or 56 he testified at the to that he to didn't do the

anything Marshal way, and

while Service that

was

residence

threaten them In

attempt focus was

intimidate to
I

any

his

simply up.

protect find that to be

individuals perjurious. the u.S.

that He

were was

showing

there

specifically to them from

intimidate enforcing a

marshals of

and

to prevent

valid

order On

this 61 .50

court. he testified with regard He to his in was

page of a he

acquisition substance a

caliber

rifle.

testified because not the find was for it

that

purchased this for his

rifle and

good price of

and to

collection or

the

purpose from be

use

intimidate lawful that

prevent
I

marshals that to

performing

their
I

duties. this rifle

perjurious. to

find

purchased them have

specifically from been to

intimidate their them if

the

marshals, duties

prevent

accomplishing used against the

lawful the

and would had

marshals

attempted

enforce He

warrant. on a page good same 62 that he purchased

I

testified rifle was

it that

because to be

that

investment. reason.

find

perjurious

for

the

40

He rifle States it was "was

testified not to
in

on

page or

63

that

this

.50

caliber

threaten
any

intimidate He

the

United no, that same

Marshals no t. I

way".

testified,

find

that

to

be

perjurious

for

the

reasons. With denied to on that or be regard day to day he ten was the of at the the proceedings, Brown in he

that

residence way. his in a I

threaten that to to be

intimidate

marshals That was

any

find

perjurlous. He also Riley

clearly he with or I to

intent

there.

denied or

that

was the

conspiracy object to be do of

with the

either

Gerhard to harm

conspiracy to and the an 70

being

threaten that to

anything

Marshal

Service.

find

perjurious On

obstruction. he testified or that he did to not force to Browns.

page the

conspire through threaten I find

with fear, or

Browns

anyone or any to

else other

use

intimidation the

manner the

impede to be

marshals

arrest

that He

perjurious. testified of that he never carried That was a also

also

weapon

in

furtherance

that

purpose.

perjurious. He use that those to be also testified to that he didn't I intend again to found

firearms

threaten and,

anyone. an

perjurious

hence,

obstruction.

41

He did not when he

testified armed their a

on

page

35

of

day Ed

eleven

that

he

provide was at and

security residence.

for I

and

Elaine to

Brown be

find

that

perjurious He make the

criminal

obstruction. same response on page 43. I

indicated the finding. denied the 61.

same He

also

being two

member

of

the in this

conspiracy with matter on page He the the that Brown

other I find on

defendants to be

that 82

perjurious he didn't go to to

testified to to

page

that

residence Service

provide prevent and also any

force able the an of

resistance I find

Marshal to be I

arrest.

perjurious would of have

obstruction. these the being an

found

obstruction outburst, and,

justice, cumulative

including it shows

nullification testimony

but an

perjurious

hence, I

obstruction. indicated a variant today. is previously sentence. I find I to counsel that a I

also

would

consider

will

consider

variant sentence than

sentence I'm

specifically that but not of 18

the

imposing to

sufficient, the

greater U.S.C.,

necessary, 3553(a) I

effectuate

goals

Section

carefully in the

considered

the

sentencing I, of

range

set

forth

advisory

guidelines.

course,

42

give also in 18

the

guidelines into

no

controlling all of the

weight. factors

I set

have forth

taken

account

U.S.C., The

Section most

3553(a). factors the in my sentencing and of the the and

critical case

calculation

in

this of

are

nature

circumstances offense, need for the just

this to

offense, promote and well

the

seriousness for for the

need

respect the as need the of

law,

punishment as

general to

specific the

deterrence, from

need

protect

public

further the

crimes

this for my

individual. sentence in

I'll this to case. Brown I

repeat find

reasons Mr.

that

Gonzalez

specifically went prevent Service attempt

the if

residence kill

prepared to members of

intimidate, the Marshal they

and, or to

necessary, law a

other

enforcement lawful order of

officers of the this

should court.

enforce

From my course of trial I

view and

defendant filings a

during and his

the

today, that was

his he

testimony, to the

believe It

remains

serious of a the

danger

community. of the

only

because that

restraint number by of

Marshal

Service not

significant or killed, course of he he and

individuals to the the

were

injured during his

listening and does

defendant course of

the

trial still

during not

allocution, nor does

understand

due

process,

43

understand

that

his

actions

were the

violation Bill of

of

law. have than they

The provided Mr. he would have to

Constitution Gonzalez provided enforce a with to

and far the

Rights

more

protections Service this

Marshal order of

had

attempted

valid

court. Gonzalez body to

I'm particularly obtained armor me a firearm by the that

concerned that capable of

Mr.

was

piercing

worn

Marshal

Service. intent

That of

indicates Gonzalez

very

clearly

the

specific

Mr.

under

these In

circumstances. view to of that fact, a the Court in feels that of the

it's

necessary

impose I'll to

sentence

excess at this

guideline

range. Pursuant

impose

sentence

time. of

the

Sentencing of this

Reform Act that

1984,

it

is is

the

judgment

Court the to and be a

this the for a

defendant United term of

hereby Bureau

committed to of Prisons Two, be to

custody of imprisoned term of 36

States 60 on

months Count

on Count to Two, 96

months term

Three,

served the

consecutive

to

the to

imposed a

on Count

extent in

necessary,

produce

total Upon

term of

months

prison. this release of to for of

a

release be

from

imprisonment, supervised consists All

defendant term of three

shall

placed on This Two

three on

years. Counts

term and

terms be

years

Three.

served

44

concurrently. Within of the Bureau to is of the 72 hours of release from the custody report to

Prisons, probation

this

defendant in the

shall

in person which this local he

office on

district release state

released. shall shall

While not

supervised any

defendant crime and

commit

federal,

or

comply with adopted by

the this

standard court and shall

conditions comply with

previously the

following

additional not

conditions: possess a a

This controlled destructive Pursuant to

defendant

shall He

illegally possess

substance. device law, while or

shall

not

firearm,

other

dangerous shall the

weapon. submit Bureau office. from He days any shall from drug per year to of DNA Prisons

this

defendant

collection or at the

incarcerated at of the

direction This

probation refrain

defendant of a

shall

unlawful submit release tests of to

use one

controlled test and to

substance. fifteen two 72

drug prison

within at

from

least

periodic tests

thereafter,

not

exceed

drug

supervision. This defendant this of shall pay any that financial remains unpaid release. with

penalty at the

imposed by commencement In

judgment the

term of

supervised shall

addition,

this

defendant

comply

45

the

following The

additional defendant or

conditions submit to a his person, conducted by time

shall

residence, a United in a

office

vehicle

search in upon
a

States

probation officer manner based

reasonable a of reasonable a

and

reasonable that

suspicion of a

contraband or of supervised to the

evidence release

violation

condition to

may be

exist. for

Failure

submit The

search may shall

grounds any other to

revocation. residents pursuant

defendant premises

warn

that to The

the

may be

subject

searches

this

condition. finds pay

I

Court to

that a

this and

defendant I

does

not the of sum

have fine
$200

the in due

ability this in

fine, a

am waiving assessment of a

case. full

order

special in the

immediately

form

lump

payment. Does terms of the government release? No, your Honor. do you have any have any objection to the

supervised MR. THE

HUFTALEN: COURT: the Mr.

Bownes,

objection

to MR.

terms

of Not

supervised to the

release? of supervised to your

BOWNES: do have an

terms

release. findings,

objection with

respect

Judge. THE COURT: All right. Mr. Gonzalez, I must

46

advise

you

that as

you well

have as

right

to

appeal If

the wish to

conviction, effectively cause ten to be of

the

sentence. right Clerk of of

you

exercise filed today If

that the

appeal, this that timely have well file any

you

must within

with

court a file given as the the

days

and you

not

after to will as to

written that up your

Notice written right

of Appeal. Notice appeal If of

fail you

Appeal,

to

the

conviction, afford

sentence. that All will for appeal you

you

cannot be filed is

appeal, to you. court

will to

without and the

cost of

have

do

ask,

Clerk a

this

immediately you. Do MR. you

prepare

and

file Do

Notice

of Appeal

understand? Yes,

you

understand? We intend to

BOWNES:

your

Honor.

file

an

appeal. THE COURT: All right. Anything else from

the

government? MR. THE MR. THE MR. HUFTALEN: COURT: BOWNES: COURT: BOWNES: findings findings going to Mr. No, your Honor.

Bownes?

Yes. Go I ahead. think made made Brown I with with say this for to to use the use the

record. perjury, of force

The the in

you you the

respect respect to

residence

force

47

and

harm U.S.

marshals, The

were

not of

the the

subject

of

the were

convictions aiding and

here.

sUbject

convictions

abetting. COURT: Mr. to Bownes, have if you wish to them. appeal

THE my findings, your MR. for

I'm happy right. BOWNES:

I

you

appeal

That's

know.

I'm taking

an

objection

preservation of THE COURT: You else, present Mr. that objection in

writing.

Anything MR. THE MR.

Bownes?

BOWNES: COURT: BOWNES: appeal. COURT:

Yes. Go ahead. to file a motion for

I'm going

bail

pending THE

You

file

that

motion,

and

I'll

act

on

it. MR. THE BOWNES: COURT: remanded Thank you, All for of right. your We're of Honor. in recess. The

defendant

is

execution at

sentence. p.m.)

(Conclusion

Hearing

12:50

48

FIe

ATE

I, that the

Susan M.

Bateman, is

do a

hereby true and to

certify accurate the best

foregoing of

transcript within

transcription of my

the

proceedings, and

knowledge,

skill,

ability

belief.

Submitted:

3-4-09

/s/
SUSAN

Susan M.
M.

Bateman
CSR,
RPR, eRR

BATEMAN,