Professional Documents
Culture Documents
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APPEARANCES:
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GEORGE BURGASSER, ESQUIRE, Office of the U.S.
18 Attorney, 138 Delaware Avenue, Buffalo,
New York, appeared for the Government.
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SHANE C. BUCZEK, appeared pro se.
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RECORDED BY FTR GOLD ELECTRONIC RECORDING
24 TRANSCRIBED BY DEBRA L. POTOCKI, RMR, RDR, CRR
843/723-2208
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9 evaluation report?
18 copy of the report for you right now, Mr. Buczek, so that you
19 have it.
12 today's appearance.
21 are we going --
2 both numbers.
4 Mr. Buczek?
6 now, right?
13 New York sitting in the May 2007 term, in the case of United
25 please.
5
5 In truth and in fact, the defendant did not have, and knew
7 HSBC with the routing number for DTCC, and an account number
2 release.
16 the record, and the grand jury transcripts and the logs from
17 the clerk. And I'd like to ask for a signed copy from the
3 defendant.
5 night.
10 correct?
12 THE COURT: All right. So you are now aware that you
14 you. Correct?
19 at this time.
12 country.
13 So even though I've just advised you that you do not have
20 anything about the case, the charges against you, or make any
24 Do you understand?
8 get out of here, but at this point I've been in, you know,
9 I've been locked up for four months now for a psych evaluation
12 Mr. Buczek.
13 THE DEFENDANT: I --
15 choice?
18 mind?
25 here today.
11
2 chambers.
14 accomplished.
17 the matter was not delayed any further, as they had requested,
20 were being effectuated, and that you were being brought into
1 case, 08-CR-54, wherein and whereby you will recall you had
13 And that was why you then were sent to the Federal Medical
1 both cases?
3 to both indictments.
23 severe duress the whole time. And I've kept my cool about
5 if I do or if I don't.
8 read the --
15 to.
23 gone to the clerk's office, and has not yet been processed up
24 here.
9 night.
17 night?
18 THE DEFENDANT: No. No, no, no, this was sent back
19 on April 13th.
24 last night?
5 pipeline, and I says, well, hey, you know, that's why I did a
7 your chambers.
8 THE COURT: All right. At that time the case had not
12 indictment is April 21st, 2009. And the case had not been
15 April 13th letter, since the case had not yet been assigned to
16 me.
20 I'm just saying I have not seen it and I have not taken any
25 where you were seeking the names of the grand jurors and the
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4 you know, argue that, but I want to point out page five of the
10 went ahead and got it authenticated and got the two seals from
11 the --
13 indicating --
17 United States.
20 don't know what either one of those have to do with the case,
8 reviewed it, and I stated for the record that the return and
16 as a valid indictment.
20 record?
12 jurors had voted for the return of the indictment. That made
13 it a valid indictment.
16 limited to, your claim that the charges in the indictment are
18 are defective for some reason or other. But you have to spell
21 appeared before me, and I'm going to try again this morning,
22 these are complex legal matters and complex legal issues. And
1 not have any training in the law, and that you, as I've
17 beneficiary?
6 estates.
12 trustee, Judge.
14 explain to me, Mr. Buczek, and I'm not being flip, I just do
3 credit.
12 Again, I'm just going to go one more time I'm going to ask for
15 And again, if we can't get that, then I'm just going to put on
1 Now, how much time do you think you will need to make
6 don't know how much time it's going to be before I even have a
10 were close to a plea deal, but there's some issues in the plea
13 counsel.
15 represent you?
17 me in my defense.
23 knew that.
25 insisted that you did not want standby counsel. You had your
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3 that.
7 choice; that was Mr. Altman. Then you terminated him. And
19 assignment, you must agree and you must fill out a financial
4 that I do not want you to say anything about the case or the
7 again, anything else you might say, can be used against you.
10 to place you under oath and question you about your finances,
14 family first.
17 hearing done.
19 understand it, and as you indicated, your family have left the
24 right now.
4 until your family has returned and you have had an opportunity
8 return?
16 have to have some time to discuss the matter with your family.
17 And then if your family and you are going hire an attorney,
19 And then I have to be notified that that's been done, and I'll
21 moving.
7 that, I suggest to you that you should wait until you have an
15 there are terms and conditions that I could impose that would
22 purposes of bail.
25 that you violated the terms and conditions of bail set in that
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2 Best Buy in the purchase of the flat screen TVs, the washers
3 and dryers and so forth, which are the subject matter of this
11 upon. And as you had gone into great detail about that
14 about --
17 that's why I, sua sponte, then asked for and directed that
2 you will then have to consider whether you are going to ask
6 and allow me to place you under oath and question you about
14 has been assigned, I will bring you and that attorney back
17 09-CR-121.
13 And yes, you will have the right to make motions for
24 then you need time to talk to your family and you need time to
18 looks like.
22 today?
24 here.
1 bail today?
6 to your family --
23 these things.
1 today.
6 that.
9 now?
17 the -- the last thing I had that I wanted to get into was the
22 me doing that.
25 this Court is one of not guilty. And I've done that because
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7 your objection, I have done nothing more than put in play, put
9 of innocence.
21 that person then can be detained until such time as the trial
9 make sure you were given every benefit that the Constitution
10 allows, and that you were not railroaded in any way, and that
13 And as you find from the report, they did prepare a final
14 report and --
20 they have found that you are competent and you can assist in
21 your defense.
2 report then?
21 released.
14 sorry, to revoke.
4 to represent yourself --
8 myself?
4 decision? I don't think so. I'm not telling you, you can't
13 should not take. Especially when I'm telling you that I'm
15 afford an attorney.
20 the Constitution says you can do; or, if you tell me that you
24 representing yourself.
3 things.
13 for at least a week, because I'm going to let you meet with
14 your family.
19 motion.
1 Judge.
20 we'll bring you back with the attorney you've hired; or, do
21 you want a week or ten days or two weeks to meet with your
23 are such that you cannot hire an attorney, and that you're
25 and you will fill out the affidavit and I will examine you.
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1 And I will tell you this right now, I will have an attorney
6 soon as possible.
23 now?
3 tomorrow?
5 If you fill one out right now, and you agree to allow me to
13 qualify financially.
20 rights.
3 yourself?
14 And that instead, you are asking that that hearing be held
16 discovery. And then you told me you and Mr. Bruce were in
20 But, you know, that's where I don't understand where count two
23 trial.
25 date that's being set for tomorrow, could I just ask that the
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14 Section 3161(h)(7)(B)(4).
18 clerk --
24 I said was that I do not agree with you that all orders have
3 District Court.
18 court then?
24 settlement closure.
7 down here.
9 allows.
18 United States and the Bail Reform Act of 1984 and the Federal
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1 REPORTER'S CERTIFICATION
4 Reporter for the United States District Court for the District
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S/Debra L. Potocki
11 _______________________________
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