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United States District Court Western District Of

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Shane Buczek False Arrest Case
Shane Buczek False Arrest Case

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Published by: shanebuczek on Mar 12, 2010
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------------UNITED STATES OF AMERICA, -vs08-CR-54 09-CR-121 09-CR-141

SHANE C. BUCZEK, Defendant. ------------------------------------Proceedings held before the Honorable William M. Skretny, Part IV, U.S. Courthouse, 68 Court Street, Buffalo, New York on December 10, 2009.

APPEARANCES: CHARLES B. WYDYSH, Assistant United States Attorney, Appearing for the United States. BRIAN P. COMERFORD, Assistant Federal Public Defender. Appearing for Defendant. Michelle L. McLaughlin, RPR, Official Reporter, U.S.D.C. W.D.N.Y. (716)332-3560

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are you? THE DEFENDANT: THE COURT: Good morning, Judge. All right. We've got THE CLERK: Criminal case 08-54, 09-121,

09-141, United States of America versus Shane Buczek. THE COURT: MR. WYDYSH: THE COURT: Okay. Mr. Wydysh.

Good morning, your Honor. Mr. Comerford. Morning, Judge.

MR. COMERFORD: THE COURT:

Good morning, Mr. Buczek, how

Okay.

to take a look at these cases.

We actually have It

three cases that are separate and distinct.

looks like we're going to have to schedule these cases for trial. Jencks Act materials will have to

be turned over as soon as possible in connection with those cases, Mr. Wydysh. MR. WYDYSH: THE COURT: Yes, your Honor. Are you going to be

representing Mr. Buczek as far as you know, Mr. Comerford, or is there still an issue in that regard? MR. COMERFORD: issue there, Judge. THE COURT: Okay. What case is the I think there's still an

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 government going to proceed on first, Mr. Wydysh? MR. WYDYSH: Well, according to Mr. Bruce,

I think he would like to proceed on the passport fraud case first, the 08-54, then next the bank fraud case, 09-121, and then finally the criminal contempt case, 09-141. THE COURT: indictment, right? MR. WYDYSH: THE COURT: Yes, your Honor. Okay. We will schedule the In order of sequential

three cases for trial, then, shortly, Mr. Buczek and -THE DEFENDANT: Judge, before we continue,

I'd like to -- again, I just want to make a record of it that I'm here -- for the record, I'm here for this matter, and like I have said numerous times before that I don't consent to be recognized by the name or the entity, and I did place a document in front of you called a Notice of Mistake and Affidavit of Support and Acceptance of Forgiveness and Request for Forgiveness, Memorandum of Law. I

don't know if you've had an opportunity to read it over the last three weeks -THE COURT: Yeah, I have and -- go ahead. And I wanted to see what

THE DEFENDANT:

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your Honor's findings were on that and asking for forgiveness on those matters, and looking for the real party of interest to ask forgiveness from. I

still don't know who that -- you know, which would be called ratification of commencement. know who to ask for forgiveness from. THE COURT: All right. Well -I don't

THE DEFENDANT: your comment on that. THE COURT:

And I just want to ask for

You know, I have reviewed it.

The document itself really seeks no legal relief as such, and it's, in my judgment, irrelevant to the criminal proceedings. It does seek judicial notice

of the scriptural story of forgiveness, and it concludes with your asking for the Court's forgiveness. In that context and looking at it in

the four corners of what you're seeking, it is irrelevant -- and that's my finding -- to the criminal proceedings, but it's duly noted, and I will accept it for what it is, and we'll proceed on that basis. THE DEFENDANT: And if you recall, Judge,

I also mentioned -- I believe I mentioned something about there's been a mistake, there's been no proper notice, no meeting of the minds to pursue

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these cases, and I put numerous documents in. I

thought the ratification of commencement, I believe it's Rule 17, to find out who the real party is, and I don't know who has a claim against me. THE COURT: Well, the charges are clear.

The cases are brought by the United States against you. They are each -- well, there are three

separate cases all prosecuted by the same authority. You are the defendant in each. There's

no question in that regard, and there does not have to be a meeting of the minds with respect to criminal prosecution. THE DEFENDANT: record, that's all. I just wanted to make a

I don't consent to be

recognized by the name. THE COURT: Okay. And that --

THE DEFENDANT: THE COURT:

That's duly noted. Okay. Thank you. Also,

THE DEFENDANT:

have you had an opportunity to read my -- the docket or gone through any of my filings? THE COURT: To read what, the docket? Yes.

THE DEFENDANT: THE COURT: Yes.

THE DEFENDANT:

All right.

That's all.

6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Judge? THE COURT: From my standpoint as of this You are the attorney of THE COURT: All right. I guess,

Mr. Comerford, I mean, you are attorney of record. You've not been relieved. I am going to keep you

in this case, and I will assume that you are attorney of record, or at the very least backup counsel to Mr. Buczek. MR. COMERFORD: Is it clear which I am,

moment you are counsel.

record, and you are to proceed with the defense of Mr. Buczek in this case. THE DEFENDANT: Judge, I still want to

have the door opened, as my understanding, I thought we already had rectified three weeks ago I'll be able to file the documents for the defendant. THE COURT: Well, I'll keep the door open.

The responsibility for filing is Mr. Comerford's, and we will work through that though, Mr. Buczek. I want to make sure that -- what's in the very best of your interest. I understand your position. I'm

not denigrating or downgrading that.

But I think

your attorney should be responsible for making the filings, making the determinations, working with

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you in getting the most appropriate defense that can be presented on your behalf. need counsel. I believe you

I understand that you're very

bright, that you have counsel of your own -- I don't mean an attorney of your own, but I mean you have resources that you go to to assist you in preparing your defense. But I think working with

Mr. Comerford as your lawyer will make for the most effective defense in this particular case on your behalf. him. THE DEFENDANT: in an honorable way too. THE COURT: Okay. That's all. I have a I want to work with this The door's open though. You work with

THE DEFENDANT:

certain belief system, and I've always believed it's been a personal vendetta, but I'm not here to have any controversy. I thought by focusing on

public policy, focusing directly on God's law is that's the document the notice of mistake was all about. And I was hoping -- I'm sure you probably

read it, and -THE COURT: Well, I know what you're

hoping, but it doesn't cut muster, if we will, for purposes of the criminal prosecution.

8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE DEFENDANT: That's okay. I just want

to make sure it's in the record. THE COURT: I understand your position,

and I will give you the fair opportunity to, through your attorney, litigate this case in the best way possible. Okay.

Mr. Comerford, that works from your standpoint? MR. COMERFORD: THE COURT: MR. WYDYSH: THE COURT: Yes, Judge.

Mr. Wydysh, any objections? No, your Honor. All right. Let's -- we've got

to set -- well, the government's ready? MR. WYDYSH: THE COURT: MR. WYDYSH: Yes, your Honor. All right. Just for scheduling purposes,

the passport fraud case Mr. Bruce advises will take a couple of days. The bank fraud case he estimates

that will take a couple days, and the criminal contempt case he estimates will take less than one day. THE COURT: All right. Let's set these up

as soon as we can get them on. THE CLERK: Are we going one after the

other, or are we going one and three separate days? MR. COMERFORD: I would rather not go one

9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trial. break. MR. COMERFORD: THE COURT: THE CLERK: Yes. It will take me a couple of If possible. -- I would rather not to go back to back to back if possible, Judge. THE COURT: We'll case, break, case,

minutes to figure this out. February 16th, Judge, for one. THE COURT: First trial. Okay. February 16th for What

That's O8 criminal 54.

day is that? THE CLERK: THE COURT: That's a Tuesday, Judge. That's for the jury selection.

There will be a final status the day before, that still works? THE CLERK: have to be the 12th. THE COURT: the final status. All right. The 12th will be That's a holiday, so it would

And then I'll issue the pretrial

letter order in this particular case, and can you set the next one for roughly 30 days or so after that. Or within that period of time, not -MR. COMERFORD: trying to give us time. I appreciate the Court's I may not need that much

10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 again? dates. time. I just didn't want them one day after the Thank you.

other if possible, Judge. THE COURT: THE CLERK: THE COURT: For 09-criminal 121. April 1st. THE CLERK: THE COURT: Okay. Okay.

As early as you can get it. March 2nd. Is that a Tuesday as well? And then not one until after

April 6th, Judge. April 6th. That's a Tuesday

All right.

Those are your trial

And you will get further information

on what's necessary by way of preparation and what you will be receiving from the government. THE DEFENDANT: Judge, will there be an

answer on the -- the Notice of Mistake and Affidavit of Support of Forgiveness and asking you to forgive me, will there be an answer in the docket, or is this going to be basically irrelevant? THE COURT: My statement with regard to

that is part of the record, so -THE DEFENDANT: filing for that then? THE COURT: THE CLERK: No. My minutes will reflect that. So there won't be no

11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 closure. THE COURT: Okay. Okay. Thank you very THE COURT: Okay. The docket will reflect So

what I stated in terms of the determination. there is a paper record. THE DEFENDANT: Yes.

I need it to have

much, and we will see you here -MR. WYDYSH: Judge, I would ask that the

time between now and February 16th be excluded on the Speedy Trial Act to afford the government an opportunity to assemble the 3500 material and provide it to defense counsel so defense counsel and defendant can examine it and prepare for trial. And that by doing so, the defense counsel will be -- will be more effective and provide more effective assistance of counsel, which outweighs the defendant's right and public's right to a speedy trial. MR. COMERFORD: objection. THE COURT: All right. I'll exclude the That's fine, Judge, no

time then under 3161(h)(7)(A), and that will enable, because of particular circumstances of this case, the opportunity to -- and I will hold the government to the task to turn over all these

12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Judge. THE COURT: Sure. Okay. Thanks. I just materials as soon as possible so that Mr. Buczek and his attorney can get them reviewed, do whatever investigation is necessary, whatever preparation is necessary to present a proper defense at trial. MR. WYDYSH: THE COURT: Yes, your Honor. Okay. Just one more last thing,

THE DEFENDANT:

THE DEFENDANT:

want to put on the record that I have had -- under Rule 902, I've had all my documents authenticated by the department of state, the DOS and DOJ, by Hillary Clinton and Eric Holder, and one was a ratification of commencement, and the other one is surrendering a defendant. I'm not sure if you had

an opportunity to review, but I know it's in the docket. And basically all these documents, reason

why I got them authenticated, because it fits the rules which is 902. THE COURT: Yes. And the thing that

THE DEFENDANT:

really -- I need to know is that, you know, the forgiveness issue it looks like is not going to go the way I want it to go, but I need to know who the

13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all. THE COURT: No. Just so you know, I want real party of interest is, if we're going to be going down that path. And that's what I put in

these documents, and that has not been provided. THE COURT: All right. Well --

THE DEFENDANT: THE COURT:

Thank you.

Well, you know, I'll take a

look at the proper authentication of the documents, you know, based on what you said. THE DEFENDANT: THE COURT: I have the originals here.

You know, that can be the

basis for a stipulation, perhaps, if the documents are relevant in the case. Work with your attorney

in ferreting out where they may fit into the scheme of things for purposes of presenting your defense, and I'll look at them. THE DEFENDANT: It's not an argument at

THE DEFENDANT:

to make sure we're not going into the arguing side here. THE COURT: It's an issue of relevancy to

a certain extent, but the authentication will make them admissible or not, depending. THE DEFENDANT: That's the reason why I

14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 did it, because all these documents that I filed, not one of them have been answered. THE COURT: Okay. Not one.

All right. Thank you.

THE DEFENDANT: THE COURT: * *

That's all.

Thank you. * * * *

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

CERTIFICATION

I certify that the foregoing is a correct transcription of the proceedings recorded by me in this.

s/Michelle L. McLaughlin Michelle L. McLaughlin, RPR Official Reporter U.S.D.C., W.D.N.Y.

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