1IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF SOUTH CAROLINA 2CHARLESTON DIVISION34UNITED STATES OF AMERICA, ) Cr. No. 2:09-195)5) VERSUS ) Columbia, SC6 ) February 9, 2010PASCAL ANDRE ETCHEBER, )7 )Defendant. )8 )-----------------------------)91011TRANSCRIPT OF PROCEEDINGS(EXCLUDING EX PARTE HEARING)12BEFORE THE HONORABLE JOSEPH F. ANDERSON, JR.13UNITED STATES DISTRICT JUDGE1415 Appearances:16For the Government: MARK C. MOORE, ESQ.17 NANCY WICKER, ESQ.Assistant U.S. Attorneys18 1441 Main Street, Suite 500Columbia, SC 2920119For the Defendant: JOHN BARTON, ESQ.20 1331 Laurel StreetColumbia, SC 292012122Court Reporter: Gary N. Smith, CM 23 901 Richland StreetColumbia, SC 2920124 (803) 256-774325Stenotype/Computer-aided Transcription

Gary N. Smith, CM Columbia, SC

2:09-cr-00195-JFA Date Filed 04/16/10 Entry Number 237 Page 1 of 73

1THE COURT: All right. This is the case of United2States of America versus Pascal Andre Etcheber. We are here3for a pretrial conference to address numerous motions that have4been filed since the last time we were together.5There is one motion that is under advisement, and I6can go ahead and say now, Mr. Barton, before you became7involved in the case we heard the motion to suppress statements8made by the defendant that was said to be made in violation of9Miranda.10We heard testimony from the defendant and the ICE11agents involved, and I have held that under advisement. But12I'm going to announce today that I'm going to deny that13motion. There were some credibility issues, and I basically14resolved most of those credibility questions adverse to the15defendant.16I will do a written order, but I just feel like I owe17you a response on that so we know how to proceed and move18forward in the case.19Now, with that being said, we have a lot of motions,20and I will just leave it up to you gentlemen to tell me how we21should proceed, which of the -- in what order we should22proceed.23MR. BARTON: I don't know if I could identify some24being simpler than others. We certainly have the motion -- the25appeal on the bond issue --

Gary N. Smith, CM Columbia, SC

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1THE COURT: Let's go into that for a second, that's a2good idea.3MR. BARTON: May I go first, Your Honor?4THE COURT: Yes, sir.5MR. BARTON: And I'm just going to briefly state what6is -- restate what is in the appeal document that I have7filed. The question that has got to be addressed is safety of8the community and the risk of flight in this case.9Regarding the safety of the community, Your Honor, I10think it's been shown and the magistrate has found, there is no11suggestion of any violence, threats of violence, no weapons12involved in anything -- I don't even think we have a witness13that says anything like that about the defendant, that he has14made threats of violence.15The magistrate found, and I think correctly, that any16of the detention presumptions do not apply, or they were17adequately rebutted by the defendant. Part of what Your Honor18can look at is the weight of the evidence against the19defendant.20And in reality, the reason the defendant is in the21situation he is in is the second superseding indictment in22which the government charged two counts -- a count of witness23tampering --24THE COURT: Didn't he agree to have no contacts with25his former girlfriend?

Gary N. Smith, CM Columbia, SC

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