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Volume 1 of trial transcript for Fleming Daniels

Volume 1 of trial transcript for Fleming Daniels

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Published by John
First day of court and testimony in the case against alleged third-in-command of the Black Mafia Family, Fleming Daniels.
First day of court and testimony in the case against alleged third-in-command of the Black Mafia Family, Fleming Daniels.

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Categories:Types, Research, Law
Published by: John on Nov 04, 2009
Copyright:Attribution Non-commercial

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11/11/2012

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1 UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF GEORGIA2 ATLANTA DIVISION 3 4UNITED STATES OF AMERICA ) DOCKET NO. 1:07-CR-2335 )) ATLANTA, GEORGIA6 ) JUNE 11, 2008V. )7 )FLEMING M. DANIELS, )8 )DEFENDANT. )9 10 VOLUME 1TRANSCRIPT OF JURY TRIAL11 BEFORE THE HONORABLE ORINDA D. EVANS,UNITED STATES DISTRICT JUDGE12 13 APPEARANCES OF COUNSEL: 14 FOR THE GOVERNMENT: ROBERT C. MCBURNEYCASSANDRA J. SCHANSMAN15FOR THE DEFENDANT: DENNIS C. O'BRIEN16 17 18 COURT REPORTER: ANDY ASHLEY1949 U. S. COURTHOUSE19 ATLANTA, GEORGIA 30303-3361(404) 215-147820 21 22 PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY, TRANSCRIPTPRODUCED BY COMPUTER.23 24 25 
Case 1:07-cr-00233-ODE-RGV Document 495 Filed 03/23/2009 Page 1 of 234
 
 2 1 P R O C E E D I N G S 2 (ATLANTA, FULTON COUNTY, GEORGIA; JUNE 11, 2008 3 IN OPEN COURT.) 4 (A JURY WAS SELECTED JUNE 10, 2008.) 5 THE COURT: GOOD MORNING. ALL RIGHT, COUNSEL, ARE 6 YOU READY? 7 MR. MCBURNEY: YES, JUDGE. 8 MR. O'BRIEN: WE'RE READY, MA'AM. 9 THE COURT: ARE YOU READY THEN TO PROCEED ON TO THE 10 OPENING STATEMENTS? 11 MR. MCBURNEY: YES. 12 MR. O'BRIEN: YES, MA'AM. DO YOU CUSTOMARILY GIVE AN 13 OPENING CHARGE TO THE JURY? 14 THE COURT: I USUALLY DON'T UNLESS IT'S A VERY 15 COMPLICATED CASE. 16 MR. O'BRIEN: OKAY. 17 (JURY PRESENT) 18 THE COURT: GOOD MORNING, LADIES AND GENTLEMEN. 19 WOULD YOU SWEAR THE JURY PLEASE. 20 (JURY SWORN) 21 THE COURT: MEMBERS OF THE JURY, WE'RE READY NOW TO 22 BEGIN WITH THE OPENING STATEMENTS OF COUNSEL, AND THE 23 GOVERNMENT HAS THE FIRST OPENING STATEMENT. 24 MR. MCBURNEY. 25 MR. MCBURNEY: THANK YOU, JUDGE. GOOD MORNING. IN 
Case 1:07-cr-00233-ODE-RGV Document 495 Filed 03/23/2009 Page 2 of 234
 
 3 1 CASE YOU'VE ALREADY FORGOTTEN, I'M ROBERT MCBURNEY. THIS IS 2 CASSANDRA SCHANSMAN, COCOUNSEL, MY PARTNER, AND THIS IS SPECIAL 3 AGENT JACK HARVEY. 4 THE PURPOSE OF THE OPENING STATEMENT IS TO BEGIN TO 5 ANSWER QUESTIONS YOU ALL MAY HAVE. WHY AM I HERE? WHAT IS 6 DEFENDANT DANIELS CHARGED WITH? HOW IS THE GOVERNMENT GOING TO 7 PROVE ITS CASE? WHAT IS THE EVIDENCE? 8 ONE OF THE INTERESTING THINGS ABOUT THE AMERICAN 9 JUSTICE SYSTEM IS THAT ESPECIALLY THE LAWYERS WHO ALREADY HAVE 10 ALL THE INFORMATION WHO GET TO ASK THE QUESTIONS OF THE 11 WITNESSES. YOU DON'T GET TO ASK ANY QUESTIONS. THERE WON'T BE 12 A TIME WHEN WE'RE DONE WITH WITNESS "A" AND THE JUDGE SAYS 13 OKAY, JURORS, DO YOU HAVE ANY QUESTIONS OF THIS WITNESS. 14 YOU ARE THE FACT FINDERS. YOU ARE THE ONES WHO WILL 15 DECIDE IN THE END WHAT REALLY HAPPENED IN THIS CASE, BUT YOU 16 DON'T GET TO ASK ANY QUESTIONS. THE GOVERNMENT WILL CALL 17 WITNESSES AND WE'LL ASK QUESTIONS OF THOSE WITNESS. WE'VE MET 18 THOSE WITNESSES BEFORE AND WE HAVE A ROUGH IDEA OF WHAT THEY'RE 19 GOING TO SAY. 20 MR. O'BRIEN HAS A ROUGH IDEA OF WHAT THEY'RE GOING TO 21 SAY. HE'S BEEN GIVEN REPORTS AND HE HAS EVIDENCE FROM THE 22 CASE. WE'RE TRYING TO SHARE WITH YOU THE FACTS OF THE CASE 23 AGAINST MR. DANIELS BY ASKING QUESTIONS ON YOUR BEHALF. 24 WHAT I WANT TO DO DURING THIS OPENING IS START TO 25 ANSWER SOME OF THOSE. THE THREE THAT I WANT TO COVER ARE WHAT 
Case 1:07-cr-00233-ODE-RGV Document 495 Filed 03/23/2009 Page 3 of 234

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