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5 Plaintiff ,
CR NO . 17-531
6 v.
8 Defendant .
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APPEARANCES :
23
24
(__ . 25
9 to proceed?
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Your Honor .
17 Thank you .
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understand the Court would probably be asking Ms. Tucci,
11 that she has , I believe the word in Faretta that ' s used
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of the proceedings. It ' s quite clear to me that she ' s
15 inquire about
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that's pending in the state of Tennessee.
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today ' s hearing?
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discuss the merits of the case about whether or not the
4 this point , that the only issue for the Court to decide
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Your Honor .
20 Tennessee .
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have stand-by counsel to be me , I don ' t think given my
( 25 counsel .
7
1 MR. BOS: Yes , if that is my client's wish.
( 2 THE COURT : With all the qualifications that
6 Mr . Bos .
7 Ms . Walters .
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the government is prepared to turn over Jencks as
20 today .
22 Ms . Walters.
24 deputy clerk .
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THE COURT: It appears that there is no f o rm
8 constitutional requirements .
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perhaps if we can reconvene in say half an hour , that
25 Ms . Walters .
9
1 MR. BOS: Your Honor, I'll go up there right
c 2 now. If we can get called more quickly, I'll get back
3 sooner .
6 counterpart upstairs.
10 marshal.
11 (Recess taken)
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year 2017-531-M .
Tucci-Jarraf.
United States versus Heather Ann
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you, Mr. Bos , is knowing and voluntary.
10 do not --
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have a request for the government to step outside .
17 yourself?
16 made .
17 THE COURT : It is .
6 to retain counsel?
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As far as the identification , I am here to go
6 represent yourself?
11 a decision?
6 educational level .
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other inquiries that either of you propose in o r de r for
15 Faretta? Mr . Bos?
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record or will include a finding in the record to that
effect.
10 objection .
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even hold this identification hearing , let alone I ' d
19 myself .
21 have a seat .
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defendant in overcoming routine obstacles that stand in
24 that correct?
5 them to Mr . Bos .
7 your -- Mr . Bos - -
11 counsel .
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we can do at this point other than to proceed .
10 alternative .
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means to address that either other than by continuing
20 proceed .
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that Ms . Tucci would like to represent herself in this
matter .
19 must proceed .
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Ms . Walters has given you the Jencks material .
6 fashion .
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not , given what the Court has just said , she wants to
withdraw her --
( 25 objection to my appointment .
22
1 THE COURT: Very well .
( 2 MR. BOS: Your Honor , Ms . Tucci has informed
5 Ms . Tucci .
16 (Recess taken)
21 justice .
24 that briefly?
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again today o r right now if she is willing to waive her
16 right to c o unsel .
22 findings .
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inquired of her at the end of her narrative that she did
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denying both your motion for leave to withdraw and from
16 that the Court has found thus far , including the nature
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on Monday. It was with great reluctance that the Court
22 not the trial . The Court reads Faretta to stand for the
( 25 a trial .
26
1 And as I indicated for reasons including
( 2 Ms . Tucci-Jarraf ' s response to the Court ' s inquiry , the
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represent themselves .
15 not mean that the Court can make the finding , that the
21 So we must proceed .
5 your witness .
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Mr . Bos .
19 ask you to hand the Court ' s copy to the deputy clerk ,
20 please .
4 record.
10 into evidence.)
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MR . BOS : I ' m making a standing objection to
18 ************ * ** * * * *** **
19 P A R K E R S T E I L L,
23 DIRECT EXAMINATION
24 BY MS . WALTERS :
c 25 Q. Good morning .
29
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A.
Q.
Good morning , ma'am .
3 the record .
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have?
7 in that investigation?
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codefendant in this matter .
15 particular matter?
22 in that matter .
( 25 matter?
31
1 A. Yes , ma ' am . We had made an arrest of
( 2 Mr . Randall Bean , and at the scene there were two other
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14 ma ' am ,
A. In one of the two I ' m referencing , yes ,
15 of the screen .
25
32
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BY MS. WALTERS:
5 Government Exhibit No . 2 .
6 A. Yes , ma ' am , I do .
12 individual .
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Q. And who was the ta r get of that
22 birth is?
( 25 July 30 , 1972 .
33
1 Q. Is there also an address noted on
( 2 Government Exhibit No . 2?
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height , gender , what we would call just regular
identifiers .
24 Government Exhibit No . 2 .
4 addressed.
6 into evidence.)
7 BY MS. WALTERS:
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for the indictment and subsequent videos after the
indictment.
2 defendant?
12 BY MS . WALTERS :
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14 No. 3?
Q. Do you recognize Government Exhibit
15 A. I do , yes , ma ' am .
19 8/4/2017 .
21 Government Exhibit No . 3?
23 it .
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that you discovered in the course of your investigation
of this matter?
7 ma ' am .
11 Court .
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THE COURT : Are your objections the same ,
20 into evidence.)
25 (Videotape played)
37
1 BY MS. WALTERS:
( 2 Q. Is Government ' s Exhibit No. 3 as I played
4 observed --
5 A. Yes , ma ' am .
10 A. Yes , ma ' am .
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which is the subject of this removal hearing today?
17 A. July 18 , 2017 .
22 time?
5 here today .
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item?
A. Yes , ma ' am .
21 can you tell me whether you see the person named in the
23 courtroom today?
10 MR . BOS : Objection .
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MR . BOS :
THE COURT :
Yes , Your Honor .
16 objection .
17 BY MS . WALTERS :
24 whereabouts?
5 Tucci-Jarraf .
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and also simply just to have them picked up .
17 Service had come into contact with her and two other
20 President Trump .
11 without incident .
( 13 the arrest?
24 effectuated .
12 facts .
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Q. And did there come a ti me where you
18 You ' ve got two sets of fingerprints . And now they ' re
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That's what I previously discussed are the fingerprints
7 S-1 and S-2 . Can you tell us what S-1 and S- 2 are and
10 you will note on here , you see the last name Heather Ann
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Department is actually referenced on the bottom right ,
15 approximately 9 : 40 .
18 the exhibit?
24 that exhibit?
2 again , you see two names on this . You see Heather Ann
6 there as well .
17 same?
18 MR . BOS : Yes .
22 into evidence . )
l 25 Your Honor .
46
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THE COURT: Thank you very much, Ms. Walters.
4 with Ms . Tucci.
12 the marshal .
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(Discussion held off the record . )
16 (Recess taken)
18 time?
l 25 Tucci-Jarraf .
47
1 THE COURT : Now , Mr . Bos I understand that you
( 2 are ready to proceed .
7 resume at 1 : 30 .
11 CROSS - EXAMINATION
12 BY MR . BOS :
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Q. Agent Steill , you testified that you ' ve
24 case?
6 the indictment, had you had any contact with Ms. Tucci
7 before then?
10 Ms. Tucci?
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to guess approximately July 14, 15, I believe that's
24 that correct?
10 A. I was , sir .
13 scene .
(
14 Q. Now , you testified that you received
10 A. I do .
24 approximate number .
7 those calls .
10 that correct?
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what the content of the videos say or the date that the
19 them here in court today , you don ' t know what , if any ,
23 to that.
12 military intelligence?
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A. No , sir , no , sir .
16 JAG means?
23 correct?
3 Q. Okay .
6 (Pause)
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Steill , thank you , you may step down .
15 (Witness excused . )
24 Government Exhibit No . 5 .
5 Services .
7 that , Mr . Bos?
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introduce what ' s already part of the court r eco r d .
( 25 defense previously .
55
1 THE COURT : Very well . As I indicated , the
( 2 Court has received it , as all of us did , on July 26 , but
12 we will take our break now and resume after the recess .
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MR . BOS :
THE COURT :
Your Honor , I think --
19 again .
23 MR . BOS : Yes .
8 this point . So --
19 (Recess taken)
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resume?
5 Agent Steill and that you may wish to move into evidence
6 certain exhibits.
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declaration and notice of factualized trust .
22 identification issue?
3 shown that she ' s , in fact , not the person who was
4 indicted in Tennessee .
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Special Agent Steill?
18 and find that the exhibit trumps the testimony that was
4 Mr. Bos . Arn I correct that you are calling the entire
8 filed --
19 portions .
22 Now , Ms . Walters .
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THE COURT : Thank you very much , Ms. Walters.
20 this afternoon?
12 ECF .
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The Court did not seek to intervene in the
9 denied .
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THE COURT : Very well . I believe it is noted ,
5 the Court ' s finding would likely be the same . And that
11 same .
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our objection . We have no additional evidence t h at we
18 Mr . Bos .
20 Ms . Walters?
23 argument .
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indictment issued.
19 Ann Tucci-Jarraf .
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by the FBI , which concluded that this defendant is
4 would rest and submit to the Court that we have met our
9 Mr . Bos .
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government hasn ' t met its burden on the identity issue
in this case. That ' s all that they ' ve presented was
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to be unbelievably unreliable .
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report .
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1 THE COURT : My question is do you acknowledge
7 attack them now at the time for the argument stage here .
8 And we ' re pointing out to the Court that there are deep
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report .
19 have not the arresting officer , not the officer that was
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pretty suggestive identification procedure that was done
11 proceeding .
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ask you , I will ask you as well , Ms . Walters .
What is
16 standard of proof?
19 proceedings .
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inf o rmati o n from the United States v. Perkins ,
4 standard .
8 standard .
10 said that she wasn ' t in the room but she was in the area
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Agent Steill could identify this defendant that is in
19 the indictment .
22 something further?
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fact , reliable and that ' s where our arguments are going
towards.
16 Mr . Bos .
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agrees is the applicable standard , that is the probable
cause standard.
13 Mr. Bos
21 request .
5 which the Court noted was the third day , would have been
12 being addressed .
17 Ms . Tucci - Jarraf .
20 going forward with a lawyer that she felt she was not
6 marshal.
8 *******************
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above-entitled matter.
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