STATE OF LOUISIANA 14™ JUDICIAL DISTRICT COURT VS. DOCKET NO. PARISH OF CALCASIEU JOSEPH R. PALERMO, JR. fi STATE OF LOUISIANA FILED: DEPUTY CLERK OF COURT PLEA AGREEMENT, WAIVER OF CONSTITUTIONAL RIGHTS, ‘& PLEA OF GUILTY FORM I, JOSEPH R. PALERMO, JR., a white male with a date of birth of January 23, 1944, defendant in the above captioned case, personally informed the judge that I want to plead guilty to the charges of one count of misdemeanor Illegal Possession of Stolen Things, a violation of LSA-R.S. 14:69, and one count of Operating a Trailer without a Valid Safety Inspection Certificate, a violation of LSA-R.S. 32:1301. ‘Statement of Educational Background I can read and write the English language. The judge inquired of me if I could do so, and he presented me this statement for my reading and consideration, which I have previously reviewed and discussed at length with my attomeys Taylor Townsend, Attomey at Law; Todd Clemons, Attorney at Law; Alison Roviara, Attomey at Law; and Karl Koch, Attomey at Law, Statement of no intoxicating substances My mind is clear as I enter this plea agreement. I am not under the influence of any alcohol, drugs, or other mind-altering substances, and I fully understand the nature of these proceedings and their legal consequences to me. Potential Sentences I have been informed of and I understand the nature of the charges against me in this matter, which are misdemeanor offenses. I am pleading guilty to the charge of misdemeanor Possession of Stolen Things, a violation of LSA-R.S. 14:69(B)(3). That offense is punishable by imprisonment of not more than six months and a fine of not more than $1,000.00, or both. Iam also pleading guilty to Operating a Trailer without a Valid Safety Inspection Certificate, a violation of LSA-R.S. 32:1301, which is punishable. by a fine of not more than $500.00 or imprisonment for not more than six months, or both. I am also aware of and acknowledge potential civil and criminal exposure under L: S. 15:1351 et s Page 1 of 10 Defendant's initialsBoth of these offenses occurred within Calcasieu Parish, Louisiana between 2002 and 2013. ‘Though the defendant denies same, the State contends that I have been engaged, or attempted to engage, in certain activities related to the Video Poker Gaming Industry that could possibly give rise to felony charges, including but not limited to violations of: LSA-R.S. 27:440(a) (False Statement in a Video Poker Application), LSA-R.S. 14:132 (Injuring Public Records), LSA-R.S. 14:133 (Filing or Maintaining False Public Records), LSA-R.S. 15:1351 et seq,, and other potential criminal offenses. I understand that the State alleges that I have possibly engaged in such activities regarding ill-gotten gains that exceed $5,000,000.00 (5 million dollars). also understand and acknowledge that the possibility exists that if charged and convicted under the aforementioned statutes I could be sentenced to imprisonment and to pay a fine greatly exceeding the gross value gained, plus court costs and the costs of investigation and prosecution reasonably incurred. I further understand that I could be subjected to significant remedies resulting in forfeitures exceeding the amount referred to herein above. In lieu of being subjected to the fine and forfeiture provisions and additional penalties ‘under the aforementioned statutes, pursuant to the aforementioned statutes, as well as LSA- C.CrP. Art, 887(A), I have entered into a separate Joint Motion to Forfeit Property Pursuant to Compromise Agreement with Consent Judgment entered into between me and the State of Louisiana on the ____ day of ___, 2015, in the matter captioned State of Louisiana v. Joseph R. Palermo, et al, 14" Judicial District Court Docket No. _ Waiver of Constitutional Rights [understand that in pleading guilty to the charges of one count of misdemeanor Illegal Possession of Stolen Things, a violation of LSA-R.S. 1 and one count of Operating a Trailer without a Valid Safety Inspection Certificate, a violation of LS: S. 32:1301, Istand convicted thereof, and waive the following constitutional rights: 1, Right to a speedy, public, and fair trial by a jury; 2. Right to be represented by an attomey at every stage of the proceeding against me, including the attomney of my choice or, if unable to afford an attorney's services, right to a court-appointed attorney at no cost to me; Page 2 of 10 Defendant's initials3. Right to confront and cross-examine the witnesses against me accusing me of the crimes charged and to see, hear, and ask questions of the witnesses who might be called to testify against me at trial; 4. Right to compulsory process to subpoena witnesses to my trial to appear and to testify on my behalf; 5. Right against self-incrimination, meaning the right to remain silent and not testify by taking the witness stand at trial or produce evidence at my trial without having this held against me; 6. Right to be presumed innocent until and unless proven guilty beyond a reasonable doubt; 7. Right to an appeal from a verdict of guilty. T understand the nature of the charges against me, and the possible penalties provided by law, which are listed at page one of this document. I acknowledge that I am guilty of the offenses with which I am charged, and I voluntarily waive such rights and enter a plea of guilty thereto. I declare that I have entered this plea freely and voluntarily and of my own accord, and with the full understanding of all matters set forth in the bill of indictment and this document, which consists of ten pages. Thave not been induced to sign this agreement by any threat, pressure, force, coercion, promises, or inducements whatsoever from anyone at all. ‘The judge has personally addressed me as to all of these matters. Waiver of all future appellate, post conviction relief, and federal habeas rights ‘Although appellate and other rights typically relate to only felony convictions, I am aware of and waive any rights to seek an appeal of my convictions and sentences under LSA- C.CrP. Arts, 911 et seq. I specifically waive the right to seck any appellate court review of my convictions and sentence, including but not limited to any challenge of any nature regarding associated fines, costs, or forfeiture associated with this plea agreement. I will not seek redress oon these or any other matters in any court in any forum whatsoever, in any manner or fashion, including but not limited to a supervisory writ application filed with any appellate court, Specifically, I forever waive my right to challenge or contest any costs or forfeiture associated with this investigation or prosecution, in either a civil or criminal proceeding, Page 3 of 10 Defendant's initialsI will seek no appeal in any court, either state or federal, of the guilty pleas and convictions resulting from this plea, and I will also forego any supervisory writ applications being filed with the appellate courts in this matter or in the related civil forfeiture proceeding filed under L: S. 15:1356. Likewise, I expressly waive my rights under LSA-C.Cr. Art 924 et seq, to file for state post conviction relief of any matter associated with this plea. T also waive my right to seek any federal habeas corpus review of any matter associated with my plea. In summary, I hereby forever waive my right to any and all appeals, supervisory writ applications, state post conviction relief, or federal habeas corpus relief, in either state or federal court, resulting from this plea and my convictions and sentences, as well as the related civil forfeiture proceedings. I have fully discussed the waiver of these rights with my attorneys. After my own careful consideration, and after engaging in a consultation with and receiving advice from them, I believe that it is in my best interests to do so. Statement of satisfaction with attorney performance Thave exercised my right in these proceedings to have an attorney present with me, and 1 have been capably represented in this matter by counsel. I am fully satisfied with the advice and services that I have received from my attomeys. Further, I declare that my attomeys have not compelled or induced me to enter this plea by any coercion, force, duress, threats, or pressure. ‘The charges have been explained to me by counsel, as well as the defenses available to me under the law. I fully understand both the facts and nature of the charges to which I am pleading guilty, as they have been discussed with me by my attorneys. ment of Stipulated and Admitted Facts T have reviewed the facts and evidence of this case with my attomeys, as well as any possible legal defenses I may have. After careful consideration of the evidence against me and the entirety of the State's case, and after engaging in a consultation with and receiving advice from my attomeys, I agree that there are sufficient facts available to the State to justify the plea of guilty that T enter today to both of these charges. I fully understand that by entering a plea of guilty, I am forever waiving my right to challenge the facts of the State’s case. I agree with the State that iff this case were called to trial, the State would prove the following facts: Page 4 of 10 Defendant's initialsOver a period of several years, Joseph R. Palermo, Jr., purchased four pieces of equipment a 2004 John Deere 650H Bulldozer, a 1996 John Deere 650G Bulldozer, 2 1999 Takeuchi Model TB3175 Excavator, and a 1998 Borg heavy duty gooseneck Utility Trailer. At some time during 2010 Mr. Palermo knew or had good reason to believe that the aforementioned equipment was stolen and continued to possess it and use it until it was sold, seized by the Caleasieu Parish Sheriff's Office, or seized by the Louisiana State Police in June of 2013. For purposes of this plea, the combined value of the equipment is set at less than five hundred dollars. Factual basis for plea to LS: 1301, one count of Operating a Trailer without a Valid Safety Inspection Certificate On January 1, 2015, Joseph R. Palermo, Jr., possessed a trailer which did not bear a valid safety inspection certificate issued by the State of Louisiana, a violation of LSA-R.S. 32:1301 subject to a penalty under LS. 32:1310, which he also operated on the highways of Louisiana, Statement of Understanding Each of the persons appearing herein on the signature page as one of the parties represents and warrants that he has the authority to bind the person or entity upon whose behalf he appears herein The State will, as a result of this plea agreement, dismiss with prejudice all criminal charges which are currently pending against the defendant in the 14" Judicial District Court. The charges in 14" Judicial District Court Docket No. 17684-14 were dismissed by the State on February 26, 2015, ‘The charges in the sealed indictment retumed on February 26, 2015 in 14” Judicial District Court Docket No. 7325-15 will be dismissed as a result of this plea agreement. Moreover, upon the execution of the plea agreement and the acceptance of the plea by the trial court, the State, via the Calcasieu Parish District Attomey’s Office, will immediately terminate all pending criminal investigations of Joseph R. Palermo, Jr. or any company or entity in which he owns an interest which are ongoing before the Caleasicu Parish grand jury. It is the understanding of the defendant and the agreement of the parties that by entering this plea agreement nothing contained within it or any information derived from the investigation leading to this plea agreement shall be used in any manner whatsoever against Joseph R. Palermo, Jr. and/or any member of Joseph R. Palermo, Jr.'s immediate family in any criminal, civil, Page 5 of 10 Defendant's initialsadjudicative, or administrative proceeding, other than as set forth in the separate Joint Motion to Forfeit Property Pursuant to Compromise Agreement with Consent Judgment entered into by the defendant and the State of Louisiana on the __day of __, 2015 in the matter captioned State of Louisiana v. Joseph R. Palermo, et al, 14" Judicial District Court Docket No. _, unless said proceeding is filed or precipitated by Joseph R. Palermo, Jr. or any member of his immediate family. The defendant further agrees not to seek or obtain any Louisiana gaming license and further agrees that he will not engage in any activities for which a Louisiana gaming license is, required. ‘The Louisiana State Police and the Louisiana Attorney General’s Office specifically reserve the right to institute charges or proceedings against the defendant for any future violations of the laws of this State. Joint Sentence Recommendation ‘The State and the defendant Joseph R. Palermo, Jr. have agreed to a specific sentence recommendation for the two misdemeanor counts to which Mr. Palermo is pleading guilty. The State and the defendant understand that the Court may reject this sentence recommendation if it determines that the recommended sentence is not appropriate. For the charge of misdemeanor Illegal Possession of Stolen Things, a violation of LSA- RS. 14:69, the joint sentence recommendation agreed to by the State and the defendant is imprisonment of not more than six months, with that time to be suspended, and a fine of $500.00, plus court costs in 14" Judicial District Court Dockets Nos. 9043-14 and 17684-14 in the approximate amount of $14,000.00. For the charge of Operating a Trailer without a Valid Safety Inspection Certificate, a violation of LSA-R.S. 32:1301, the joint sentence recommendation is a fine of $500.00, and imprisonment of six months, with that time to be suspended, The sentences are recommended to run concurrent to each other. The parties also recommend that the trial court place the defendant on unsupervised probation for a period of two years with the following special condition of probation: that the defendant will pay the court costs mentioned herein above as required by the law and as directed by the court. ‘The parties also agree that pursuant to LS. 15:1356, a separate Joint Motion to Forfeit Property Pursuant to Compromise Agreement with Consent Judgment has been entered into by the Page 6 of 10 Defendant's initialsdefendant and the State of Louisiana from the matter captioned State of Louisiana v. Joseph R. Palermo, et al, 14" Judicial District Court Docket No. __, on the dayof___ ss 2015. Additional Waiver Statement By entering this plea, I voluntarily give up all of the above rights listed on pages two and three, I also agree, by signature below, to relinquish and forfeit all interest and rights to: (1) a 2004 John Deere 650H Bulldozer; (2) a 1996 John Deere 650G Bulldozer; (3) a 1999 Takeuchi Model TB3175 Excavator; and (4) a 1998 Borg heavy duty gooseneck Utility Trailer connected with the above offenses, and hereby waive any and all procedural requirements and rights to notice in connection therewith. 1 understand that the State and my attorneys will make a sentencing recommendation to the court, and I further understand what that recommendation contains, as itis listed at pages six and seven of this document. | also understand that the court can sentence me to any sentence allowed by the law, including the maximum sentences listed above in this document at page one. | still believe that it is in my best interest to enter this plea agreement, a decision that I have reached after careful consideration of all facts and evidence in the case against me, including any possible legal defenses that | may have, and after thorough consultation with and receiving advice from my attomey. itement regarding plea procedure ‘The Honorable Judge Ronald F. Ware has addressed me personally as to all of these matters, Page 7 of 10 Defendant's initialsSignatures THUS DONE AND SIGNED in open court at Lake Charles, Louisiana, on this day of » 2015. WITNESSES: TAYLOR TOWNSEND, JOSEPH R. PALERMO, JR. JOHN F. DeROSIER DISTRICT ATTORNEY JUDGE RONALD F. WARE 14th JUDICIAL DISTRICT COURT Defendant's initials DATE:______ DATE OF BIRTH: ADDRESS: Page 8 of 10THUS DONE AND SIGNED at Baton Rouge, Louisiana, on this day of +2015. COLONEL MICHAEL D. EDMONSON SUPERINTENDENT, LOUISIANA STATE POLICE DEPUTY SECRETARY, DEPT. OF PUBLIC SAFETY & CORRECTIONS Page 9 of 10 Defendant's initialsCERTIFICATE OF DEFENDA! ATTORNEY 1, TAYLOR TOWNSEND, defendant’s counsel of record, hereby certify that | have thoroughly discussed this case with the defendant, including the nature of the charges against him, the essential elements of each, the evidence against him of which I am aware, the possible legal defenses that he may have, the maximum and mandatory minimum penalties for the charges, and the facts as set forth in the State’s bill of information and in this plea agreement on the record. I believe that he fully understands this plea, the consequences of entering it, and that he does so today of his own free will. In my opinion, the defendant is mentally competent, and he has knowingly, intelligently, and voluntarily entered this plea, and the plea agreement is in his best interests, TAYLOR TOWNSEND Attomey for Joseph R. Palermo, Jr. DATE; Page 10 of 10 Defendant's initials