11IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF SOUTH CAROLINA2CHARLESTON DIVISION3UNITED STATES OF AMERICA ::4 vs. ::5PASCAL ANDRE ETCHEBER : 2:09 - CR - 19567Suppression Hearing in the above-captioned matter8held Thursday, October 8, 2009, commencing at 1:34 p.m.,9before the Hon. Joseph Anderson, in the United States10Courthouse, Courtroom III, 81 Meeting St., Charleston,11South Carolina, 29401.121314APPEARANCES:15 MARK C. MOORE, ESQUIRE, Office of the U.S.Attorney, 1441 Main Street, Columbia, SC,16 appeared for the Government.17 ALSTON C. BADGER, JR., ESQUIRE, Office of theU.S. Attorney, P.O. Box 978, Charleston, SC,18 appeared for the Government.19 DAVID P. McCANN, ESQUIRE, P.O. Box 116,Charleston, SC, appeared for the Defense.202122RECORDED BY EUNICE RAVENEL-BRIGHT, ESR23TRANSCRIBED BY DEBRA L. POTOCKI, RMR, RDR, CRROfficial Court Reporter for the U.S. District Court24P.O. Box 835Charleston, SC 2940225843/723-2208

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21I N D E X2WITNESS: BRIAN SHEROTA3Direct Examination by Mr. Moore........................... 234Cross-Examination by Mr. McCann........................... 34Redirect Examination by Mr. Moore......................... 505Recross-Examination by Mr. McCann......................... 526WITNESS: DAVID ESPIE7Direct Examination by Mr. Moore........................... 528Cross-Examination by Mr. McCann........................... 62Redirect Examination by Mr. Moore......................... 749Recross-Examination by Mr. McCann......................... 7610WITNESS: PASCAL ETCHEBER11Direct Examination by Mr. McCann.......................... 8512Cross-Examination by Mr. Badger........................... 95Redirect Examination by Mr. McCann........................ 11413Recross-Examination by Mr. Badger......................... 11514WITNESS: BRIAN SHEROTA (RE-CALLED)15Direct Examination by Mr. Moore........................... 11816Cross-Examination by Mr. McCann........................... 119171819EXHIBITS: Received in Evidence20Defense Exhibit 1 36Defense Exhibit 2 4421Defense Exhibit 3 11422232425

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31THE COURT: Mr. Moore, please call the case this2afternoon.3MR. MOORE: Yes, sir, Your Honor, this is United4States of America versus Pascal Andre Etcheber. The criminal5number is 2:09-195. Mr. Etcheber is present in court with6counsel, Mr. McCann. We're here for the purpose of a pretrial7conference.8There are a number of outstanding motions, I guess there's9some discovery issues that are outstanding from the last10hearing.11I have provided, as we discussed, documents to Your Honor12in camera for Your Honor's in camera review. I have provided13a number of discovery materials since the last hearing to14Mr. McCann. And we'll deal with the issues in the order in15which the Court deems appropriate.16THE COURT: Why don't we try to clean up what we took17up at the last hearing, and then move into these new motions18second.19MR. MOORE: Yes, sir.20THE COURT: All right. First on my list were the 30221notes from -- 302 reports from Agent Waizenhofer. Have those22been produced?23MR. MOORE: I have produced the notes, all the notes24I have, to Your Honor in camera.25THE COURT: I'm just talking about the 302s