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Trial.09.cr.121

Trial.09.cr.121

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Published by shanebuczek
EVIDENCE OF NO INJURY PARTY AND FALSE ARREST BY
US GOVERNMENT
EVIDENCE OF NO INJURY PARTY AND FALSE ARREST BY
US GOVERNMENT

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Published by: shanebuczek on Apr 15, 2010
Copyright:Attribution Non-commercial

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08/17/2010

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UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORKUNITED STATES OF AMERICA, **Docket No. 08-cr-054,09-cr-121, and 09-cr-141** Buffalo, New Yorkv. * February 18, 2010* 10:01 a.m.*SHANE C. BUCZEK, * STATUS CONFERENCE*Defendant. *** * * * * * * * * * * * * * *TRANSCRIPT OF PROCEEDINGSBEFORE THE HONORABLE WILLIAM M. SKRETNYUNITED STATES CHIEF DISTRICT JUDGEAPPEARANCES:For the Government: MARY C. BAUMGARTENANTHONY M. BRUCEAssistant United States AttorneyAppearing for the United StatesFor the Defendant: SHANE C. BUCZEK, pro seBRIAN P. COMERFORD,Attorney AdvisorCourt Reporter: PATRICIA A. GALAS,Notary PublicJack W. Hunt & Associates, Inc.1420 Liberty BuildingBuffalo, New York 14202(716) 853-5600Proceedings recorded by mechanical stenography,transcript produced by computer.
 
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THE CLERK:
Criminal Case 2008-54, 2009-121, and2009-141, United States of America verses Shane Buczek.
S. BAUMGARTEN:
Good morning, Your Honor.
THE COURT:
Good morning, Ms. Baumgarten. How areyou?
S. BAUMGARTEN:
I'm well. Thank you, Judge.
THE COURT:
Mr. Comerford.
R. COMERFORD:
Good morning, Your Honor.
THE COURT:
How are you?
R. COMERFORD:
Good. Thanks, Judge.
THE COURT:
How are you doing, Mr. Buczek?
THE DEFENDANT:
Good.
THE COURT:
The first trial -- there are three trialshere -- is set for March 2nd. And I take it that the Governmentis ready to go forward?
S. BAUMGARTEN:
Yes, Judge. We have our witnesses inline, many of whom are from out of the area, Judge.
THE COURT:
Mr. Buczek, you're ready to go to trial onMarch 2nd?
THE DEFENDANT:
Judge, before we even get to that andI mentioned this before, there's been no proper notice in thiscase and there's been a mistake. And now -- I have been askingthe Public Defender's Office for the certified copy of theaccusatory instrument or the charging instrument.
THE COURT:
Well, that's the indictment.
 
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THE DEFENDANT:
Right, I understand that. But I stillhave not seen it and I know we mentioned before about theratification and commencement on this case and I believe -- letthe record reflect that I believe there is no accusatoryinstrument or charging instrument in this case.
THE COURT:
There is. There's the indictment.
THE DEFENDANT:
I've never seen it though. I justwant to put that on the record.
THE COURT:
That's not possible, frankly.
S. BAUMGARTEN:
It could not -- and I was notpresent, Your Honor, but I have reviewed the docket sheet withrespect to the matter, Judge. And there was an arraignment andat that time this would have been the practice, the indictmentwould have been provided.
THE COURT:
All right. Mr. Comerford, you exchangedthe indictment with Mr. Buczek?
R. COMERFORD:
Judge, I think he's looking for a copywith some --
THE COURT:
Certification on it?
R. COMERFORD:
-- certification or a raised seal,something I'm not familiar with. Judge, I think the moreimportant matter to address is my representation of Mr. Buczek.
THE COURT:
I understand.
R. COMERFORD:
Thank you, Judge.
THE COURT:
I just want you to know as far as I'm

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