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28 GINAL

IN THE MUNICIPAL COURT OF LONG BEACH JUDICIAL DISTRICT

COUNTY OF LOS ANGELES STATE OF CALIFORNIA

HON. JlI,MES PIERCE, JUDGE DEPARTMENT NO.6

----0----

THE PEOPLE OF THE STATE OF CALIFORNIA,

PLA INTI FF,

) NO. NA 000396

) VIOLATION OF SECTIONS: ) 459 COUNT 1

) 236 COUNT 2

)

)

) PENAL CODE

. ~D~E~FE~ND~A~N~T~._) FELONIES

VS.

MARK WAYNE RATHBUN,

REPORTER1s TRANSCRIPT OF CERTIFIED GUILTY PLEA

APPEARANCE S:

FOR THE PLAINTIFF;

CAROL ROSE

DEPUTY DISTRICT ATTORNEY

COUNTY OF LOS ANGELES

FOR THE DEFE(\[)ANT:

EUGENE HALL

DEPUTY PUBUC DEFENDER

COUNTY OF LO S ANGE LE S

DATE:

WEDNE9)AY, AUGUST 9, 1989 3f. I J~L! Ii: I)

ROEERTA M. MARTIN, CSR NO. AUG211989

REPORTED BY:

P & S:

AUGUST 30, 1989 DEPARTMENT SOUTH M

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28 LONG BEACH, CALIFORNIA, WEDNESDAY, AUGUST 8, 1989

THE COURT: MR. HALL, WHICH MATTERS DO YOU HAVE?

MR. HALL: I HAVE MR. CANCHOLA, MR. OTIS, MR. RATHBUN, MR. ROGERS, MR. THOMPSON AND MR. TRUELOVE.

THOSE ARE ALL GOING TO BE PLEAS.

THE COURT: THE SIX DEFENDANTS ARE PRESENT IN COURT

\oJITH MR. HALL REPRESENTING THEM, MISS ROSE FOR THE PEOPLE.

THESE t~ATTERS .ARE ON CALANDAR TODAY FOR PURPOSES OF

PRELIMINARY EXAMINATION. TO THOSE SIX INDIVIDUALS, THE

DISTRICT ATTORNEY NOW IS GOING TO ADVISE YOU OF YOUR

CONSTITUTIONAL RIGHTS •. LISTEN VERY CAREFULLY TO I-ER .• KEEP

YOUR VOICE UP AND ANSWER YES OR NO TO HER QUESTIONS 50 WE HAVE A GOOD RECORD OF YOUR GIVING UP OF THE RIGHTS.

YOU MAY PROCEED.

MS. ROS E: THA N<. YOU.

NOW, I WANT TO KNOW I F THE SE ARE YOUR TRUE AND CORRECT

NAMES.

RAYMOND GARC IA CANCHOLA, I S THAT YOUR CORRECT NAME?

DEFENDANT CANCHOLA: YES, MA'AM.

MS. ROSE: PETE CORTEZ ROGERS? DEFENDANT ROGERS: YES, MA'AM.

MS. ROSE: MILTON OTIS?

DEFENDANT OTI S: NO, MA'AM. STEPHAN OTIS.

MS. ROSE: SPELL THAT.

DEFE NDANT OT! 5: S-T-E-P-H-A-N.

MS. ROSE: DO YOU HAVE A MIDDLE NAME?

DEFENDANT OTIS: YES, MA'AM, ANDRE, A-N-D-R-E.

2

1 MS. ROSE: DO YOU GO BY MILTON?

2 DEFENDANT OTIS: YES, I DO.

3 MS. ROSE: YOUR TRUE NAME IS STEPHAN ANDRE OTIS?

4 DEFEt-DANT OTIS: YES.

5 MS. ROSE: YOUR HONOR, MAY WE AMEND BY INTERLINEATION?

6 THE COURT: YES. THE COMPLAINT WILL BE AMENDED AT

7 THIS TIME TO REFLECT THE TRUE Nl'IME.

8 MS. ROSE: MARK WAYNE RATHBUN, -B-U-N?

9 DEFENDANT RATHBUN: YES, MA'At~.

10 MS. R 05E: ROBE RT WAYNE TRUELOVE?

11 DEFENDANT TRUELOVE: YES, MA'AM.

12 MS. ROSE: THAT'S CORRECT?

13 DEFENDANT TRUELOVE: THAT IS CORRECT.

14 MS. ROSE: MAXWEL L TOMMY THO~1PSON?

15 DE FE NDANT THOM PSO N: YE S.

16 MS. ROSE: YOUR MIDDLE NAME I S TOMMY?

17 DEFENDANT THOMPSON: MAXWELL TQv1MY THOMPSON.

18 MS. ROSE: THANK YOU.

19 MS. ROSE: NOW, MR. CANCHOLA, IN CASE NUMBER NA

20 000382, YOU'RE CHARGED WI TH FELONY DR IVI NG Ul\DER THE

21 I NFL UENCE OF ALCOHOL TWO PRIOR CO f\IVI cnONS -- FOUR P RlOR

22 CONVICTIONS.

23 24

DEFEf\IDANT CANCHOLA~ I THOUGHT IT WAS THREE.

MS. ROSE: NO. HERE ARE FOUR DUI CONVICTIONS. ONE

25 IS JULY 27, 1989, ANOTHER IS APRIL 4TH, 1983; JULY 24, 1984;

26 AUGUST 31, 1987.

27 THEN YOU'RE ALSO ON JULY 27,1989, CHARGED WITH A

28 CONVICTION FOR DRIVING WITH A SUSPENDED LICENSE.

3

1 MR. ROGERS, YOU'RE CHARGED WITH BURGLARY OF A VEHICLE

2 WHICH OCCURRED ON OR ABOUT JULY 28, 1989.

3 MR. OTIS, YOU'RE CHARGED WITH THE SALE OR

4 .TRA.NSPORTATION OF COCAINE, A CONTROLLED SUBSTANCE, JULY 29TH,

5 1989.

6 MR. RATHBUNt YOU'RE CHARGED WITH RESIDENTIAL BURGLARY,

7 COUNT 1, TO HAVE BEEN CavtMITTED ON OR ABOUT JULY 28, 1989,

8 AND COUNT 2, FAL SE I MPR I S Of\IMENT BY VIOLENCE, ON THE SAME

9 DATE.

10 MR. TRUELOVE, YOU'RE CHARGED WITH ON JULY 29, 1989,

11 THE FELONY DRIVING UNDER Tl-IE INFLUENCE. THAT IS COUNT 1:

12 COUNT 2, HAVING OVER A .10 BLOOD ALCOHOL.

13 YOU'RE ALSO CHARGED \'11 TH PRIOR CONVICTIONS ON NOVEMBER

14 25, 1983, OF .DRIVING Uf\DER THE INFLUENCEj DECEMBER 18, 1983,

15 OF THE SAME; AUGUST 30,1986, AND SEPTEMBER 5TH, 1987, ALL

16 DRIVING Ui'DER THE INFLUENCE.

17 MR. THOMPSON, YOU'RE CHARGED WITH DRIVING UNDER THE

18 INFLUENCE, A FELONY, AND WI TH PRIOR CONVI cnONS OF MAY 2ND,

19 1983, OCTOBER 11,1983, AND SEPTEMBER 4,1986.

20 COUNSEL, DO YOU WA IVE FURTHER READ ING OF EACH OF THE

21 CCt<lPLAINTS?

22 MR. HALL: 50 1,;IAIVED.

23 MS. ROS E: TODAY I S THE DATE SET FOR ALL OF YOUR

24 PRELIMINARY HEARINGS, BUT YOUR ATTORNEY HAS TOLD US THAT YOU

25 WANT TO PLEAD GUILTY INSTEAD IN EACH OF THESE CASES. I WANT

26 TO KNOW IF THAT'S CORRECT AND IF EACH OF YOU HAVE TALKED TO

27 YOUR ATTORNEY ABOUT THIS AND HAVE ANY MORE QUESTIONS.

28 MR. CANCHOLA, IS THAT CORRECT?

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28 DEFENDANT CANCHOLA: YES, MA'AM.

MS. ROSE: ANY MORE QUESTIONS?

DEFE NDANT CANCHOLA: NO, MA lAM.

MS .,.ROSE: .. MR. _R OGE RS?

DEFENDANT ROGERS: THAT IS CORRECT.

MS. ROSE: MR. 0 TI S?

DEFE NDANT OT! S: YE S, MA I AM.

MS. ROSE: MR. RATHBUN, DO YOU HAVE ANY MORE

QUESTIONS?

DEFE NDANT RATHBUN: NO.

MS. ROSE: At--D MR. TRUELOVE?

DEF E I'V A NT TRUE LOVE: NO.·

MS. ROSE: MR. THCMPSON? DEFENDANT THO~1PSON: NO.

MS. ROSE: BEFORE YOU CAN PLEAD GUILTY, TJ-£RE ARE

CERTAIN RIGHTS I HAVE TO EXPLAIN TO YOU AND BE SURE YOU

UNDERSTAND THEM. J WILL ASSLME YOU UNDERSTAND EVERYTHING

UNLESS YOU I NTERRLP T AND TELL ME.

FIRST, YOU HAVE A RIGHT TO A CONTINUOUS PRELIMII-.lA.RY

HEARING IN THIS CASE. THE PURPOSE OF THE PRELIMINARY HEARING

IS TO SEE IF THERE IS ENOUGH EVIDENCE TO BELIEVE A CRIME HAS BEEN COMMITTED AND THAT YOU'RE GUILTY OF COMMITTING THAT CRIME. THE DECISION IS MADE BY THE JUDGE WHO, AFTER rEARING THE EVIDENCE, DECIDES ON THE EVIDENCE AFTER BEING HEARD FRCM BOTH SIDES.

IN THE PRELIMINARY HEARING YOU HAVE THE FOLLOWING

RIGHTS.

YOU HAVE A RIGHT TO SEE AND HEAR THE WITNESSES AGAINST

5

1 YOU AND QLESTION THOSE WITNESSES THROUGH YOUR ATTORNEY.

2 YOU HAVE A RIGHT TO PRESENT YOUR OWN EVIDENCE AND

3 SUBPOENA WITNESSES INfO COURT TO TESTIFY FOR YOU •

.4, NOV/, SINCE YOU ARE GOING TO PLEAD GUILTY TODAY, YOU

5 WILL NOT HAVE THl\T PRELIMINI\RY HEARING.

6 DO YOU UN:JERSTAND THE RIGHTS I JUST EXPLAINED TO YOU,

7 MR. CANCHOLA?

8 DEFE NDANT CANe HOLA: YE S, MA' AM.

9 MS. ROSE: DO YOU GIVE UP THOSE RIGHTS?

10 DEFE I\[)ANT CANCHOLA: YE Sf MA'AM.

11 MS. ROSE: MR. ROGERS, DO YOU UNDERSTAND?

12 DEFE NDANTROGE RS:· YE 5, MA'AM .•

13 MS. ROSE: DO YOU GIVE UP THOSE RIGHTS?

14 DEFENDANT ROGERS: YE.S, MA'AM.

15 MS. ROSE: MR. OTIS, DO YOU UNDERSTAND THOSE RIGHTS?

16 DEFEJ\DANT OTIS: YES, I"lA'AM.

17 MS. ROSE: DO YOU GIVE UP EACH OF THEM?

18 DEFEM)ANT OTIS: YES, MA'AM.

19 MS. ROSE: MR. RATHBUN, DO YOU UNDERSTAND THOSE

20 21 22 23

24 ( A DISCUSSION 1tlAS HELD OFF THE RECORD BETh/EEN THE

25 DEFENDANT RATHBUN AND HIS COUNSEL.)

RIGHTS?

MR. HAL L:

COUNSEL, MAY I HAVE A MOMENT? CERTAINLY.

MS. ROSE:

26

27 DEFENDANT RATHBUN: YES, MA'AM.

28 MS. ROSE: MR. RATHBUN, YOU UNDERSTAND H-OSE RIGHTS?

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1 DEFENDANT RATHBUN; YES, MA'AM.

2 MS. ROSE: DO YOU GIVE UP EACH OF THEM?

3 DEFENDANT RATHBUN: YES, MA'AM.

4 MS. ROSE: MR. TRUELOVE, DO YOU UNDERSTAND THEM?

5 DEFENDANT TRUELOVE: YES, MA'AM.

6 MS. R 05E: DO YOU GIVE UP EACH?

7 DEFENDANT TRUELOVE: YES.

8 MS. ROSE: MR. THOMPSON, DO YOU UNDERSTAND?

9 DEFENDANT TrIQ\1PSON: YES, MA'AM.

10 MS. ROSE: DO YOU GIVE UP EACH?

11 DEFENDANT THOMPSON: YES, MA'AM.

12··MS;· ROSE: YOU HAVE A RIGHT· TO A PREll MINARYHEARING.

13 I WOULD LIKE TO KNOW IF YOU UNDERSTAND THAT AND GIVE UP YOUR

14 RIGHT TO A PRELIMINARY HEARING.

15 MR. CANCHOLA?

16 17

DEFEt-DANT CANCHOLA: YES.

MS. ROSE: MR. ROGERS?

18 DEFEI\DANT ROGERS: YES, MA'AM.

19 MS. ROSE: MR. OTIS?

20 DEFEN)ANT OTIS: YES, MA'AM.

21 MS. ROSE: MR. RATHBUN?

22 DEFEI'..'OANT RATHBUN: YES.

23 MS. ROSE: MR. TRUELOVE?

24 DEFE NDANT TRUELOVE: YE S.

25 MS. ROSE: MR. THOMPSON?

26 DEFENDANT THOMPSON: YES, MA'AM.

27 MR. HALL: COUNSEL, f'lAY I JUST CONFER WITH YOU FOR A

28 MOMENT.

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MR. HALL:

MS. ROSE:

so w. IV ED , YE S.

A NO THE PE OPLE JO IN.

1 (A DISCUSSION WAS HELD OFF THE RECORD BETWEEN THE

2 DEPUTY PUBLI C DEFENDER AND THE DEPUTY DISTRICT ATTORNEY.)

3

MS. ROSE: DOES_ COUNSEL JOIN IN ALL THE WAIVERS FOR

5 EACH OF THE DEFENDANTS?

6 7

8 NOW, IN THE SLPERIOR COURT, YOU HAVE ADDITIONAL RIGHTS

9 WHI CH I MUST EXPLA IN TO YOU.

10 YOU HAVE THE RIGHT TO A COURT TRIAL OR A JURY TRIAL.

11 IF YOU HAVE A COURT TRIAL, THE JUDGE ALONE WOULD HEAR

12' . -THE EVIDENCE AND DEC·IDE·- I FYOU WERE. GUll TY.

13 IF YOU HAVE A JURY TRIAL, TWELVE MEMBERS OF THE

14 COMMUNITY WOULD ALL LISTEN TO THE EVIDENCE, AND ALL TWELVE

15 WOULD HAVE TO AGREE BEFORE FINDING YOU GUILTY.

16 YOU ALSO HAVE THE RIGHT AT THAT TRIAL TO SEE AND HEAR

17 THE WITNESSES WHO TESTIFY AGAINST YOU AND QUESTION THEM

18 THROUGH YOUR ATTORNEY.

19 YOU HAVE A RIGHT TO PRESENT 'EVIDENCE THAT COULD HELP

20 YOU, AND YOU CAN SUBPOENA EVIDENCE AND WITNESSES HITO COURT

21 ON YOUR BEHALF USING THE SUBPOENA POWER OF THE COURT AT NO

22 COST TO YOU.

23 YOU HAVE A RIGHT AGAINST SELF-INCRIMINATION, WHICH

24 MEANS YOU DON'T HAVE TO PLEAD GUILTY, TESTIFY OR SAY

25 ANYTHING.

26 NOW, DO YOU UI'-DERSTAND EACH OF THOSE RIGHTS THAT I

27 JUST EXPLAINED TO YOU, MR. CANCHOLA?

28 DEFENDANT CANCHOLA: YES.

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MR. HALL: DO YOU GIVE THEM UP?

DEFENDANT CANCHOLA: YE S, MA' AM.

MS. ROS E: MR. ROGER 5, DO YOU UNDER STA ND THEM?

DEFE N)ANT. ROGE R S: YE S.

MS. ROSE: DO YOU GIVE THEM UP?

DEFE NDANT ROGE RS: YE S.

MS. ROSE: MR. OTIS, DO YOU UNDERSTAJ\D THEM?

DEFENDANT OTIS: YES, MA'AM.

MS. ROS E: DO YOU GI VE THEr.-1 UP?

DEFENDANT OTIS: YES, MA'AM.

MS. ROS E: MR. RATHBUN, DO YOU UNDERSTAND THEM?

DEFENDANT RATHBUN: YE S.

MS. ROS E: DO YOU GI VE THHI UP?

14 DEFE NDANT RATHBUN: YE S.

15 MS. ROS E: MR. TRUELOVE, DO YOU UNDERSTAND THEM?

16 DEFENDANT TRUELOVE; YES.

17M S. R 0 S E : DO YO U GIVE THE M UP?

18 DEF E NDANT T RUE LOVE: YE S.

19 MS. ROSE: MR. THOv1PSON, DO YOU UNDERSTAND THEM?

20 DEFE I\DANT THOMPSON: YE S.

21 MS. ROS E; DO YOU GI VE THEM UP?

22 DEFE NDANT THOMPS ON: YE S.

23 MS. ROSE: I NEED TO KNOW IF EACH OF YOU GIVE UP THOSE

24 RIGHTS FREELY AND VOLUNTARILY.

25 MR. CANCHOLA?

26 DEFENDANT CANCHOLA: YES.

27 MS. ROSE: MR. ROGERS?

28 DEFENDANT ROGERS: YES.

9

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MS. ROSE: MR. OTIS?

DEFENDANT OTIS: YE 5, MA'AM.

MS. ROSE: MR. RATHBUN?

DEFENDANT RATHBUN: YES. MS. ROSE: MR. TRUELOVE?

DEFE I'IDANT TRUELOVE: YE S.

MS. ROSE: MR. THOMPSON?

DEFE NDANT THOMPS ON: YE S.

9 MS. ROSE: NOW, LET'S TALK ABOUT THE CONSEQUENCES OF

10 YOUR ALL PLEADING GUILTY.

11 NOW, FOR THOSE OF YOU WHO ARE CHARGED WITH FELONY

12 ··DRWING UNDER· THE -INFLUENCE, THAT IS MR •. CANCHOLA, MgL ..

13 TRUELOVE AND MR. THOMPSON, THE MAXIMUM TIME YOU CAN SPEND IN

14 STATE PRISON IS THREE YEARS.

15 NOW, THE DISTRICT ATTORNEY'S OFFICE HAS AGREED THAT IF

16 THE THREE OF YOU PLEAD GUILTY TODAY, IT WOULD RECOMMEND TO

17 THE JUDGE WHO WOULD SENTENCE YOU THO.T YOU SERVE SIXTEEN

18 MONTHS IN THE STATE PRISON.

19 NOW, IF THE JUDGE FEELS THAT AT THE TIME OF SENTENCING

20 TIi\T HE OR SHE CANNOT LIVE UP TO THAT AGREEMENT, THE JUDGE

21 WILL ALLOW YOU TO WITHDRAW YOUR PLEA, AND YOU WILL GET BACK

22 ALL THE CONSTITUTIONAL AND LEGAL RIGHfS T/iIl.T YOU GAVE UP

23 TODAY.

24 NOW, ON:::E YOU ARE RELEASED FROM PRISON, YOU \trILL BE

25 SUBJECT TO THREE YEARS MAXI MUM PAROLE TIME. IF YOU VIOLATE

26 ANY OF THE TERMS OF THE PAROLE, YOU WILL EACH BE SENT BACK TO

27 PRISON FOR ONE YEAR FOR EACH VIOLATION.

28 NOW, MR. ROGERS, THE MAXIMUM TIME THAT YOU WOULD BE

10