You are on page 1of 57

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 1 of 57

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 REPORTED BY:

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Case No. 12-CR-20452-MOORE/TORRES UNITED STATES OF AMERICA, Plaintiff, vs.

MIAMI, FLORIDA JUNE 11, 2012

YADIRA SANTIESTEBAN, GILBERTO SANTIESTEBAN, JR., GILBERTO SANTIESTEBAN, SR., ALEXANDER SANTIESTEBAN, DERRICK SANTIESTEBAN, DARVIS SANTIESTEBAN, GERMAN SILVESTRO, NORGE MANDULAY, et al., Defendants. _______________________________________________________________ TRANSCRIPT OF PRETRIAL DETENTION HEARING BEFORE THE HONORABLE JOHN J. O'SULLIVAN, UNITED STATES MAGISTRATE JUDGE APPEARANCES: FOR THE GOVERNMENT: UNITED STATES ATTORNEY'S OFFICE FOR THE SOUTHERN DISTRICT OF FLORIDA 99 N.E. 4th Street Miami, Florida 33132 BY: WILLIAM L. ATHAS, A.U.S.A.

J.M. COURT REPORTING, INC. JERALD M. MEYERS, RPR. TELEPHONE: 954-431-4757

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 2 of 57


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

FOR THE DEFENDANT ALEXANDER SANTIESTEBAN: BY: GLENN B. KRITZER, ESQ. 2333 Brickell Avenue Suite A-1 Miami, Florida 33130

FOR THE DEFENDANT GILBERTO SANTIESTEBAN, SR.:

BY: MANUEL GONZALEZ, JR., ESQ. 815 Ponce De Leon Boulevard Suite 214 Coral Gables, Floirda 33134

FOR THE DEFENDANT GERMAN SILVESTRO:

BY: MARIO S. CANO, ESQ. 2121 Ponce De Leon Boulevard Suite 950 Coral Gables, Florida 33134 (Proceedings interpreted for the defendants by in-house certified Spanish interpreters)

REPORTED BY:

JERALD M. MEYERS, RPR. J.M. COURT REPORTING, INC. 1601 N.W. 109th Terrace Pembroke Pines, Florida Telephone: 954-431-4757 E-mail Address: CRJM@AOL.COM

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 3 of 57


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 Witness:

TABLE OF CONTENTS FBI Agent Michael Gualtieri PAGE

Cross-Examination by Mr. Gonzalez ..................... 23 Redirect Examination by Mr. Athas ..................... 29 Cross-Examination by Mr. Kritzer ...................... 34 Redirect Examination by Mr. Athas ..................... 42 Reporter's Certificate ..................................... 57

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 4 of 57


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

(Call to order of the court) THE COURT: United States of America versus Alexander

Santiesteban, Gilberto Santiesteban and German Silvestro. MR. ATHAS: Good morning, Your Honor. William Leonard

Athas on behalf of the United States. THE COURT: MR. ATHAS: Your Honor? THE COURT: MR. KRITZER: Yes. Good morning, Your Honor. Glen Kritzer All right. Are you doing all three of these at once,

on behalf of Alexander Santiesteban. THE COURT: MR. KRITZER: Thanks. He is standing here before the court.

Your Honor, during the course of the proceedings, since there are so many people here, could I sit at counsel table? THE COURT: MR. KRITZER: THE COURT: Yes. Sure.

Thank you. All right. And who is here on Gilberto

Santiesteban, Sr.'s behalf? MR. GONZALEZ: Good morning, Your Honor. Manuel

Gonzalez, Jr. on behalf of Gilberto Santiesteban, Sr. THE COURT: Silvestro? MR. CANO: Good morning, Your Honor. Mario Cano on Okay. And who is here on behalf of German

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 5 of 57


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

behalf of German Silvestro who is present. THE COURT: proceed by proffer. I assume we are going forward with a detention hearing on all three of these folks; is that right? MR. GONZALEZ: MR. KRITZER: THE COURT: proceed by proffer. MR. ATHAS: All right. Your Honor, I will have to Yes, Your Honor. Hopefully. Yes. All right. The government can Okay. All right. The government can

break them down individually because they have different roles, if I may. THE COURT: MR. ATHAS: Yes. I will start with Gilberto.

Your Honor, Gilberto Santiesteban is one of the four leaders of the Santiesteban drug trafficking organization. From 2004 to the present, this defendant has been responsible for locating, designing, installing, implementing, caring for and managing multiple marijuana grow houses. After these marijuana grow houses had been set up, and there are 21 of them so far that we have identified, this defendant would enlist the aid of other people to act as caretakers. He is a manager, leader and director.

He would also enlist the aid of people to care for these plants, to install air conditioning, lighting, electrical
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 6 of 57


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

components, fertilizing components, and then after the marijuana plants were grown, Your Honor, he would oversee and participate in the harvest of these marijuana plants. It would then be processed, packaged and shipped predominantly, the bulk of it to the New York-New Jersey area where it was sold for up to $5,000 a pound. THE COURT: How many pounds do you estimate were

produced during this conspiracy? MR. ATHAS: Well, Your Honor, we are going by plants,

because it is 1,000 or more plants, and we have about I think around, if the Court needs to know, I have it written, but I think it is around 12 to 1,300 plants that we have estimated based upon an extensive list of cooperating co-conspirators and also several seizures. I might also add that defendant Derrick or Alexander Santiesteban's fingerprints were found in the marijuana grow in Osceola County. The marijuana grow was completed when the Sheriff's Office up there executed a search warrant on it, but they found some buds and some not yet decomposed marijuana leaves that were tested and found to be marijuana, growing lamps; all of the equipment and paraphernalia, electrical boards and everything that is used to grow marijuana. They actually tapped into the electric line before it meets the meter to steal the electricity.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 7 of 57


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 senior. said?

THE COURT: MR. ATHAS: electric bill. THE COURT:

All right. And also so it does not show up on the

Whose fingerprints were found there you

Alexander or Gilberto? MR. ATHAS: THE COURT: MR. ATHAS: Alexander, Your Honor. Okay. His fingerprints were found in the grows.

Your Honor, this is continued non-stop from 2004 until the present. There are multiple marijuana houses that this

defendant was involved in, and the brothers worked as a co-op. THE COURT: Now, wait. Are you still talking about

Gilberto or are you onto Alexander now? MR. ATHAS: THE COURT: Alexander. Okay. Excuse me, Your Honor.

You started out with Gilberto, no,

or do I have it wrong? MR. ATHAS: THE COURT: If I did, I didn't mean to. Okay. So you are talking about Alexander

who is one of the four leaders? MR. ATHAS: about now. THE COURT: MR. ATHAS: Okay. There are two Gilbertos, junior and Alexander is the only one I am talking

I haven't gotten to Gilberto, Sr. yet. THE COURT: Oh. I thought you said "Gilberto."

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 8 of 57


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 grows.

MR. GONZALEZ: MR. ATHAS: THE COURT:

I thought it was Gilberto, Sr.

I apologize, Judge. All right. Well, why don't you start over

if you are going to tell us about Alexander so counsel will know. MR. ATHAS: Alexander is one of the four brothers who

directed the Santiesteban marijuana drug trafficking organization. Alexander's fingerprints were found in marijuana It was found in a marijuana grow in Miami and in a

marijuana grow in Osceola County. THE COURT: MR. ATHAS: Okay. Alexander also established a marijuana

grow in his own home on multiple occasions, and we have a witness that we interviewed last Thursday, and just as a side so the court has the whole picture, Alexander is a person of interest to the Miami-Dade County Homicide Bureau of the murder of a 17 year old boy that occurred in August of 2006. The boy parked his car in front of Alexander Santiesteban's home, and the boy was shot. He drove the car

down the road a little bit, hit a mailbox and died. We talked to a witness last week, Your Honor. He was

a co-conspirator with this defendant at that time, and later on, and this witness said that he was discussing a joint grow. He was partnering with Alexander back in that time,
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 9 of 57


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

and Alexander stated to him he had a problem at his house, and stated that, "we thought the guy" -- the collective pronoun "we" -- "thought the guy was going to rob the grow, and we had an altercation with him, and he was shot and hit a mailbox down the street and he died." THE COURT: MR. ATHAS: And who is saying this "We?" Alexander Santiesteban was saying this to

a cooperating co-conspirator witness. THE COURT: MR. ATHAS: Honor. THE COURT: MR. ATHAS: Right. Go ahead. Okay. It is an 81(d((2)(e) statement, Your

And so he is not charged with that, but he

is a person of interest in this homicide. THE COURT: MR. ATHAS: All right. He had a grow. We have a number of

witnesses telling us that in 2006 he had a grow in the residence at that time. After that grow was harvested, he turned the grow area into a recreational room, and shortly thereafter moved from Miami up to Osceola County where he established yet another marijuana grow which was seized by the Sheriff's Office. Now, Your Honor, this defendant is also a multiple offender. He has a number of prior drug charges. Although he is not charged in the capital crimes at
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 10 of 57


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

this time, he has a number of prior convictions.

He is 31 or

32 years of age, and not counting this arrest, he has a criminal history with 36 total arrests starting in 1995 when he was approximately 14. He would have turned 18 in approximately July of 1999. Arrests 1 through 9 occurred before then. Arrest number 16 was adjudicated in March of 2001, and it was adjudication withheld on a counterfeiting credit card, fraudulent impersonation and found in possession of a fraudulent driver's license and felony possession of a controlled substance. Arrest 20 was adjudicated in 2001. September. He

pled guilty and was found guilty of a third degree felony of fleeing and attempting to elude a law enforcement officer with lights and sirens active. THE COURT: MR. ATHAS: All right. Arrest 28 was adjudicated in 2008 when he

pled guilty to felony marijuana possession and received 39 days in jail. THE INTERPRETER: please? MR. ATHAS: THE COURT: interpreter. MR. ATHAS: I am sorry. He also has two other felony He also has two other felony convictions. You need to slow down a little bit for the Can you go a little more slowly,

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 11 of 57


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

convictions, and the government intends on filing a 21, U.S.C. 851 enhancement. He may possibly -- I haven't analyzed the cases -- be subject to mandatory life upon conviction. At a minimum, if he is not mandatory life, he is facing a minimum mandatory of 20 years. He had has probation

revoked on January the 25th, 2003 for fleeing and attempting to elude and served 364 days in jail. THE COURT: MR. ATHAS: We need to move along here. Well, Your Honor, he is American by birth, He is fluent in Spanish, and he

but he is of Cuban heritage.

was interviewed by the Pretrial Services in Spanish. He can easily and quickly flee this jurisdiction and return to Cuba where he would be welcome and could live free beyond the jurisdiction of this court. flee this prosecution. Your Honor, he has shown he does not follow court orders. He is engaged in fraudulent and false representations, He has every reason to

and he has manifested he has no hesitation in engaging in criminal activity regardless of the consequences. The presumption arises. We believe he is a flight

risk, and we would request pretrial detention. THE COURT: Sr.? MR. ATHAS: Okay. Gilberto Santiesteban, Sr. Next, Okay. All right. What about Gilberto,

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 12 of 57


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

Your Honor, he is the father. the father. THE COURT: MR. ATHAS: Right.

Gilberto Santiesteban, Sr. is

Your Honor, we don't have any reason to

believe he was a director of this organization, but he certainly helped his sons wherever and whenever he was called upon. Eyewitnesses have identified him as someone who

frequently helped to harvest, manicure install, tear down and handle all aspects of the marijuana grow industry. He also, Your Honor, assisted in the destruction of the victim's van following the murder of the victim in June of 2009. This defendant has no ties to this community, Your Honor. He has no job; a very unstable background. He is disabled. No

employment.

He claims to be living with one

of his co-defendants for the preceding two years. He is not a U.S. citizen, and according to the Pretrial Services application for permanent residency was denied. He claims to possess a Cuban passport, and according to Pretrial Services, he is subject to approval proceedings. However, being Cuban, it is doubtful he will be removed. He is 59 years of age. He has 5 siblings and two Should he choose to flee,

daughters living in his native Cuba.

Your Honor, he could return there, and I am sure someone or


TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 13 of 57


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

more of them would help him. THE COURT: MR. ATHAS: What are his guidelines? Your Honor, I haven't done a guideline A

calculation on him, but he has prior convictions for drugs. number of them, and he also may possibly be facing mandatory life.

He has at least 3 convictions or qualifying judgments that I can find. His arrests start in 1995. He has 33

criminal arrests since 1985 and some charges are adjudication withheld for resisting arrest and violation of probation. There are a number of drug convictions that he was convicted of and cocaine possession. In 2008 he was convicted He received

of leaving the scene of an accident of over $50. adjudication withheld. Excuse me.

In June of 2010, he was convicted of assault, and in October of 2010, a bench warrant was issued, but he was not arrested on that bench warrant until May of 2012. was issued in 2010. Pretrial Services has determined that he is out on bond currently for assault, and that he has used aliases in the past, and Pretrial Services indicates he has a history of non-compliance with court orders and judgments, and he has continued to drive and operate motor vehicles after being given an order not to drive them. He has a severe substance abuse history, and he has
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

The warrant

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 14 of 57


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

reputation of being very involved in using drugs. In sum, he has every reason to flee, Judge. age a 20-year sentence would be tantamount to life. native of Cuba. At his He is a

He has support and family there, and he has

also manifested no intention or hesitation of ever complying. He has exhibited no hesitation of continuing to commit crimes. A danger to the community arises. In conclusion we believe that we have met by a preponderance of the evidence that no condition or combination would reasonably assure his appearance, and we believe that we have shown by clear and convincing evidence that the safety of the community cannot be guaranteed. THE COURT: For Alexander you are only asking for risk You are asking for risk of

of flight and for this gentleman. flight and danger? MR. ATHAS: danger, Your Honor. No.

For Alexander I am also asking for

I guess I didn't get to that.

As far as the danger goes, Your Honor, the instant offense for Alexander now in his case it is a minimum mandatory 20, possibly life. THE COURT: Well, I mean that's the same for both of

them, but why do you think he is a danger? MR. ATHAS: Well, we have a witness, the same witness

we talked to last Thursday, and actually we have another witness that claims that Alexander beat up a co-defendant
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 15 of 57


15

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

sometime ago, Francisco Diaz, because he thought that Diaz was snitching. This defendant has been described as being violent and prone to fighting and has outbursts of violence. He has prior

arrests for aggravated battery, but no convictions. THE COURT: All right. And what about for Gilberto,

why do you think he is a danger? MR. ATHAS: notes on him. Well, Your Honor, Gilberto Santiesteban, Sr. was involved in a hit and run accident and, of course, the presumption arises, but he has a criminal history repeating depicting repeated instances of aggressive and violent conduct towards others. He also aided and abetted in destroying evidence of the carjacking, kidnapping and murder and participated in it. THE COURT: gentlemen? MR. ATHAS: Alexander also was recently involved Okay. All right. What about the last One second, Your Honor. Let me get to my

within the last year or year and a half in a hit and run that was captured on a bar video. Alexander and a co-defendant who is a fugitive, John Villalonga were involved in an altercation in a bar in Dade County, and there was a hit and run involved as they were trying to get away.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 16 of 57


16

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 COURT: MR. ATHAS: was hit, Your Honor. he knocked down?

Okay. And it was an older man, I believe, that He was an older man who was it. And was

He was knocked down and injured. Okay. All right. What about German?

THE COURT: MR. ATHAS:

German Silvestro, Your Honor, the

government would seek pretrial detention based on risk of flight. German Silvestro was an associate co-conspirator in the drug trafficking organization. He assisted with marijuana

harvesting, and he also aided and abetted in the destruction of evidence. He rented a U-Haul truck that was originally going to be used to haul the cut up van around Dade County to cut it up after it was cut up. They didn't do that, but he still

accompanied them when they took the van out to the Everglades to burn it. When he was arrested last Tuesday, the FBI went to the door and knocked on the door. No one answered. The wife comes to the

Finally some lights come on.

window and sticks her head through the curtains, opens the window a little bit and says, "Who are you here for?" The marked car was sitting out front. instructs her to open the door. The FBI agent

She refused to do so. Finally,

This went on for 11 to 12 minutes, Judge.

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 17 of 57


17

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

fortunately the home was surrounded.

As this is occurring,

they didn't force entry into the house. The defendant, German Silvestro, flees out either a back or a side door, and he is apprehended by a perimeter agent on the side of the house. THE COURT: MR. ATHAS: Okay. And they got consent to search, and they

also did a protective sweep based on the comment, "Who are you here for," meaning, at least suggesting that there were multiple people in the house. And so after he was in custody, he came around. The

wife would only then open the door when they brought him around to the front of the house. She opens the door. She grave consent. They did a

protective sweep and they found a fully functional marijuana grow in his garage. So, Your Honor, based on those events, the government would seek pretrial based on risk of flight. THE COURT: MR. ATHAS: What do you think his guidelines are? Your Honor, his guidelines would be He doesn't have

substantially less then the other defendants. very much of a criminal history.

There is no violent acts attributable to him, but he did help cover up the aftermath of the carjacking, kidnapping and murder.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 18 of 57


18

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 disabled.

THE COURT: MR. ATHAS:

Okay. He has no stable income. He claims to be

His house is in foreclosure.

He is a native of

Argentina, but he was naturalized. the district.

His family all lives out of

He has a wife and two children here, but other than that he has no real ties to this district, Judge. THE COURT: MR. CANO: THE COURT: MR. CANO: THE COURT: MR. CANO: Okay. All right. Who wants to go first? I may as well.

I am here, Judge. Okay.

There is no time like the present. What would you like to do? Well, Judge, that's all nice and dandy what

Mr. Athas has said about my client, except to say that it is blown out of proportion as to minimize the situation. native Argentine who has lived here since 1980. THE COURT: MR. CANO: THE COURT: MR. CANO: Which gentleman is your client? The gentleman on your far left. Right. He has family who is here visiting the He is a

court for this purpose; his sister Rocello who lives in the District of New Jersey. His parents live in the Eastern District of New York in Queens. They could not come due to the brevity of the By the way, they do speak

notice and their work obligations.

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 19 of 57


19

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

Spanish in Queens. THE COURT: MR. CANO: American citizen. I am glad to hear that. Yes. The bottom line is his wife is an

His children are American citizens.

He has not traveled out of the United States since Y2-K. I have his expired passport with me ready to submit to

the court. The mention of this gentleman in the complaint, and I point out to the court this is a very thick complaint, 46 pages, 181 numbered paragraphs and 8 C.I.s Of those, 2 C.I.'s mention him almost in passing; one C.I. describing his participation at best saying to a lesser degree. The other C.I., who is apparently related to the first, says that she cannot specifically remember what Mr. Silvestro did. Combine that with the agent's testimony regarding the other case, the young lady's case earlier today. THE COURT: MR. CANO: Right. He mentioned about some meetings and he

said so and so and so and so were there, and "I believe." Again, some other sprinkling of dubious evidence regarding this gentleman having been at one of those meetings. In other words, he didn't know for sure one way or the other.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 20 of 57


20

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

This man is disabled.

He has a severe back problem. All of his family are

He is on medication because of it.

either residents of this country or citizens. The two who are residents, one is pending citizenship, that being his father. The other is his sister, the woman who

traveled from New Jersey and who is in court, along with his wife and three family friends all living in the Southern District of Florida and all United States citizens. He has lived in this district for the last 8 years and owns a home which is in foreclosure. That is true.

Unfortunately, that is a reality of many people here. THE COURT: How is his wife employed? At least the

Pretrial Services report says he supports himself through his wife and father. MR. CANO: That I don't have an answer to right now,

Your Honor, but if you wish, I can inquire very quickly. THE COURT: MR. CANO: Okay. Your Honor, I have just chatted with She works for

Mrs. Silvestro whose first name is Juana.

American Greeting & Merchandising; in essence, the folks who sell the cards to the different establishments. and things of that nature. THE COURT: MR. CANO: Right. Right. Okay. Drug stores

So, Your Honor, by the way, his criminal He had a case last year which was

history is basically nil.

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 21 of 57


21

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

nol-prossed.

Not nol-prossed because he attended PTI, but

simply nol-prossed as what it shows which displays that there was no evidence to it. Finally, as to risk of flight, combine that with the additional evidence that this gentleman was interviewed last year regarding this case by the case agent. In other words, he had ample notice that there was something in the winds. have. If he were to have fled, he would

There is no reason for him to, and I believe he will

appear before this court each time so cited. THE COURT: Well, what about the government's

allegation that he was fleeing when he, you know, tried to leave the residence through a back or side door and was caught by an agent? MR. CANO: And I appreciate Mr. Athas speaking with me

about that this morning because originally on Friday, when we appeared before Magistrate Torres, there was some mention of his crouching and trying to sneak away. That was cleared up, and I've been informed that did not take place in that manner. He left through the back door

at his wife's direction to go up front. His wife didn't want that whole bevy of agents who were ready at the door to pounce in, guns drawn, no doubt, she didn't want the kids -- there are two children, ages 8 and 13, to witness that, that their father was being arrested in such a
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 22 of 57


22

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

manner. She wanted him to surrender. That's why he left He went down on

through a back door to walk towards the front.

the ground as ordered by one of the officers, and that's where he stayed, and that's I believe corroborated or can be corroborated by the case agent. THE COURT: MR. CANO: Okay. So in closing, Judge, this gentleman I do

believe is a very good candidate for a low corporate surety bond, combined with a personal surety bond signed by the wife and perhaps his sister. THE COURT: MR. CANO: anything in Queens. THE COURT: All right. Who wants to go next? Do the parents have any kind of property? I believe they rent in Queens. Nobody owns

MR. GONZALEZ: Sr.

Judge, Manny Gonzalez on Santiesteban,

I would like to inquire of the agent if I could. THE COURT: Okay. Sure. Have the agent come up,

please. MR. ATHAS: stand. THE COURT: All right. Agent, you are still under Go Agent Michael Gualtieri, please take the

oath from being previously sworn at the prior hearing. ahead, counsel. MR. GONZALEZ: I am sorry, Your Honor.

I have a cold.

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 23 of 57


Michael Gualtieri - Cross 23

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 COURT:

Okay.

FBI AGENT MICHAEL GUALTIERI, HAVING BEEN PREVIOUSLY SWORN, FURTHER TESTIFIED AS FOLLOWS CROSS EXAMINATION BY MR. GONZALEZ: Q. Agent, the information that you provided in the criminal

complaint and that you testified to earlier today primarily comes from cooperating witnesses, correct? A. Q. Correct. All right. You have no surveillance on my client

Mr. Santiesteban, Sr. at all, correct? A. Q. That's correct. All right. And he was never apprehended in any grow house Anything of that

itself. nature? A. Q.

That is, a grow was taking place.

No, he was not. All right. The information that you have comes from some

other cooperating witnesses and who claim that he was at some of these residences where a grow was ongoing, right? A. Q. That's correct. All right. But isn't it a fact that at least 2 or 3 of the

residences that I see from the criminal complaint, one has to do with the property at 19160 Southwest 132nd Avenue, also known as the la finca or the hedge house, correct? A. That's correct.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 24 of 57


Michael Gualtieri - Cross 24

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

Q.

Now, that would have been the residence of one of my

client's sons, right? A. That house was rented from an individual named Nestor So I don't know exactly who was residing at that

Gillian.

house on and off throughout this case. Q. Did the informant basically tell you that my client resided

at that residence at any point in time during the course of this investigation? MR. ATHAS: and relevancy. THE COURT: BY MR. GONZALEZ: Q. Did any of the cooperating sources tell you that my client I am sorry. Repeat the question again. Objection, Your Honor. Beyond the scope

resided at that residence at one point in time? THE COURT: THE WITNESS: MR. GONZALEZ: BY MR. GONZALEZ: Q. You are aware that where my client was arrested was, he Overruled. I don't believe he resided there, no. Okay.

basically was living at an efficiency off the side of the house at 14772 Southwest 171st Terrace, correct? A. Q. A. Q. Correct. Okay. So he was staying at an efficiency there, right?

Correct. And the information you have is that he had been there like
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 25 of 57


Michael Gualtieri - Cross 25

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

for two years, correct? A. I know he was renting there. I don't know the length of

time he was renting there. Q. Are you aware that prior to that residence where he lived

at for roughly 8 years was a trailer park off of 102nd and Flagler Street? A. Q. What is your question, sir? Are you aware that prior to that residence, the 14772 where

he lived at was at a trailer park off of 102nd and Flagler Street? A. Q. I wasn't aware of that, no, sir. You have testified earlier with regards to bank accounts There is none of that with regards

and large amounts of money.

to my client Mr. Santiesteban, Sr.? A. Q. That's correct. Okay. Not to my knowledge.

In addition to that other grow house that I

mentioned previously the one, the finca, that's the one at 19160 Southwest 132nd Avenue, isn't one of the other residences, the one at 17231 Southwest 153rd Place that house being tied into as Alexander Santiesteban's, his son? A. Q. Alexander did reside there. Okay. And that is one of the residences that the

cooperating sources have said that my client visited or participated with regards to the cultivation; isn't that correct?
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 26 of 57


Michael Gualtieri - Cross 26

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

A. Q.

That's correct. Okay. There is mention of like 27 properties, but you

don't have information that my client was tied in with those 27 properties. or 4. A. Q. I am not sure what you mean by "tied in," counselor. Well, that cooperating sources have basically said that he I mean, based on the complaint, I only see maybe 3

helped, you know, set up these other properties. A. I don't know the exact number that your client was involved

in, but it was more than 3. Q. Now, you do not have any intercepts of my client; that is,

you know, my client in conversations talking about the distribution of marijuana from here to New York, or anything like that, right? A. Your client was arrested with his son in New York in I

believe it was January of 2011 in the process of distributing I think it was 5 pounds of marijuana. Q. Yes. But, you know, as the government proffered earlier,

those charges were dismissed as to my client, correct? A. Q. Yes. And he was certainly not the driver. He was in a vehicle,

but he was certainly not the driver of the vehicle. He was one of several individuals in a vehicle, correct? A. That's correct.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 27 of 57


Michael Gualtieri - Cross 27

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

Q.

And one of those was the son who accepted responsibility

and worked out a deal and pled, correct? MR. ATHAS: talking about? BY MR. GONZALEZ: Q. A. Q. A. Q. A. We are talking about Derrick, right? Derrick Santiesteban. Derrick Santiesteban? Correct. Right. Okay. Could we clarify which son that we are

And Gilberto Santiesteban, Jr., Gilberto Santiesteban, Sr.,

and I believe that was who was in the car. BY MR. GONZALEZ: Q. Now, the prosecutor said that certainly my client is not a So you don't have him with regards to information

director.

regarding him setting up or directing others to go set up, recruiting others. You don't have that type of information as

to Santiesteban, Sr., correct? A. Q. That is correct. When he was arrested at his residence, there was nothing

seized there that would indicate that he is involved in the distribution and cultivation of marijuana, correct? A. I am not sure what you are asking. There was not a search

warrant for that residence.

So there was a protective sweep There was nothing in

conducted during the protective sweep.

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 28 of 57


Michael Gualtieri - Cross 28

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

plain sight that would indicate that. Q. All right. You didn't seize any ledger books or any

documentation of that nature that would tie him into specific houses, amounts of marijuana and things of that nature? A. Well, again, we didn't have a search warrant, so the

protective sweep was conducted, and we looked anywhere that a body of a person could be. So, no, there wasn't any specific ledgers or anything like that seized at that location. Q. Okay. And you don't have any of that with regards to my

client or with regards to the overall investigation? A. Well, there were ledgers seized up in New York during the They have yet to be reviewed

arrests that were made there. yet. Q.

You mentioned earlier about phone records and things like Do you have any phone records tying in my client to any

that.

of these, you know, residences where the distribution was taking place; the cultivation and distribution? A. Q. A. Q. No. When he was arrested, was his Cuban passport seized? I don't know. Okay. MR. GONZALEZ: THE COURT: defendant?
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

I have nothing further. Any redirect in regards to this

Okay.

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 29 of 57


Michael Gualtieri - Redirect 29

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

MR. ATHAS: THE COURT:

Just very briefly, Your Honor. Yes. REDIRECT EXAMINATION

BY MR. ATHAS: Q. Defense counsel asked you about la finca and whether or not Do you recall that question?

this defendant ever lived there. A. Q. A. Q. Yes.

And your answer was that you don't believe he lived there? That's correct. Do you ever know him to be involved in anything else in the

la finca? A. Q. A. Yes. What? He was involved in the ultimate destruction of evidence

after the kidnapping which is the victim's van. Q. A. Q. Did he ever harvest marijuana at la finca? Yes. And this information comes to you from cooperating

co-conspirator witnesses? A. Q. Yes. And did other cooperating witnesses tell you about other

locations where he harvested marijuana? A. Q. A. Yes. Where he helped install marijuana grow equipment? Yes.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 30 of 57


Michael Gualtieri - Redirect 30

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

Q. A.

Where he helped take out marijuana grow equipment? Yes. MR. ATHAS: THE COURT: No further questions. All right. Mr. Gonzalez, do you have any

evidence or argument? MR. GONZALEZ: THE COURT: Just argument, Your Honor. Go ahead. One is

Okay.

MR. GONZALEZ:

Your Honor, a couple of things.

that he has been in this community for 32 years. Once he left Cuba in 1980, he has never returned to Cuba. His status in the United States, what it basically is,

Judge, once Cubans come over they come in as a parolee. Once you are a parolee, if you have any ties to the criminal justice system, any arrests and things of this nature, then they don't let you adjust to become a resident and, therefore, subsequently becoming a United States citizen. THE COURT: Right. But you are not illegally here. You

MR. GONZALEZ:

are just basically on a parolee status, and there are Cubans that have been here for 40, 50 years as parolees, and some not because they have ties, you know, with the criminal justice system, it is just because some are hoping one day to return to a free Cuba, you know, with no Fidel Castro there. THE COURT: Right. So the status is that he is a parolee.

MR. GONZALEZ:

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 31 of 57


Michael Gualtieri - Redirect 31

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

There was a Cuban passport that he has, and he is not aware whether or not, he thinks that the agents may have removed it because it was certainly there at the property, but if not, the passport is there at the efficiency. He has had no travel outside of the United States ever. He has always been here. With regards to his arrests, yes, he has had, you know, numerous arrests. A lot of it has to do with, they are

primarily possession charges. He did abuse cocaine and, you know, drugs earlier on. However, Judge, he has been disabled now for a number of years, and that has caused one of two things. He has had four heart attacks. Okay. And what has

happened is that he cannot either smoke cigarettes anymore or marijuana or get high because not only does he have the heart attack condition, but he also has had emphysema, and I did not ask the agent, but what I wanted to point out is that he has over 10 medications that he takes on a daily basis. At good old FDC, he is up to like 2 or 3 that they are giving him. Not the 10. He has about 4 or 5 different

doctors; a heart specialist; a lung specialist, Doctor Sanchez Maceca. Osail Beta is his treating physician. They have discovered a spot in his lungs and he is awaiting the results of a CT scan that was conducted before he was arrested.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 32 of 57


Michael Gualtieri - Redirect 32

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

He has an appointment with Doctor Sanchez Maceca on June 28th. He depends basically on two machines for survival. He gets oxygen when he goes to

One is the sleep apnea machine. bed.

The FDC has not provided that. In addition to that, also, Judge he depends on a

machine that he puts on a mask, and I don't know what the actual name is because he couldn't provide that to me, but basically what it does is it applies the medication. According to him, it is called Buterol or Buterol. have it as B-u-t-e-r-o-l, and that basically opens up his lungs. He has to do that twice a day, and that helps him, you know, combat the emphysema. It opens up his lungs. They don't I

have that equipment available there at FDC, and certainly he is getting none of that. Judge, what I am asking the court for is, and I am going back to you know, where he has lived and things of that nature. It is all here, but here is an individual that maybe

his sons may have been involved in narcotics, but there is nothing to indicate that he was profiting at all from this. He has been on disability. check of 698 and food stamps for 150. He has lived at the efficiency of that property for the last 2 years, and prior to that he lived for 8 years at a trailer park until the trailer park was basically mowed down
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

He gets a social security

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 33 of 57


Michael Gualtieri - Cross 33

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

because they were going to do a new development there, and he got the whopping sum of $3,000 for his trailer. So what I am asking the court for is to allow him to be on home detention, you know, with a monitor, whether it is GPS or not so at least he can, you know, hook up to the machines that are keeping him alive, and that is basically what I am asking the court to do. Certainly as the government said, he is not a director here. He is not, you know, a main participant. He is not He has got

going back to Cuba.

Why would he go back to Cuba?

to take his machines with him, you know. So it is like, you know, he is in a survival mode. You know, hopefully he lives for another 20, 30, 40, 50 years, but, you know, at this point he is in survival mode. He told me he cannot go up like more than that a flight of stairs because he runs out of oxygen. So I would ask

that the court find conditions of release based on his medical necessity and the fact that he is not a major participant in this case. THE COURT: Okay. I am done. Mr. Kritzer, do you have any

MR. GONZALEZ: THE COURT:

All right.

questions for the agent? MR. KRITZER: Yes. CROSS EXAMINATION


TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 34 of 57


Michael Gualtieri - Cross 34

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

BY MR. KRITZER: Q. A. Q. Good morning, agent. Good morning, sir. I am going to ask you some questions about Alexander here.

That's who I represent. Now, with respect to the case against Alexander, you prepared the complaint in this case; is that right? A. Q. That's correct. All right. And if I am not mistaken, the complaint and the

allegations against Alexander indicate that they come from or evolve from people that you interviewed and who are cooperating individuals; is that right? A. Q. That's correct, sir. Okay. There was no surveillance of my client involved in

any criminal activity; is that correct? A. Your client, he was found to be the resident of a grow

house that was interdicted by the Osceola County Sheriff's Office. Q. A. Q. Okay. Okay. But there was no surveillance. There is no video We will get to Osceola.

surveillance and there was no ongoing surveillance. You said that he was arrested up in Osceola County; is that right? A. That's correct, sir.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 35 of 57


Michael Gualtieri - Cross 35

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

Q. A. Q. A.

And because there was alleged grow house there, right? Yes, sir. And those charges were dismissed ultimately, correct? I don't know what the legal status of those charges were

ultimately. Q. A. Q. A. Q. They don't exist anymore. Okay. Is that right? I don't know, sir. All right. If I tell you they don't exist, do you take my

word for it, that there is no prosecution? A. Q. A. Q. Yes. Yes.

They are not prosecuting him now for that. Okay. I will take your word for it, sir. And so now we are back to Dade County and all The Osceola incident, was that mentioned in

All right.

of this stuff. your complaint? A. Q.

I believe it was. Okay. But as we just said, they are not prosecuting him

for that. For Dade County there was no surveillance. viewed or watched my client carrying any marijuana or committing any violation of federal law; is that right? MR. ATHAS: MR. KRITZER: Objection. No. Asked and answered. No one

I am talking about Dade County now.

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 36 of 57


Michael Gualtieri - Cross 36

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 COURT:

Overruled. No, there is not. Okay.

THE WITNESS: MR. KRITZER: BY MR. KRITZER: Q.

There are no recordings of my client talking about any

marijuana conspiracy, correct? A. There is a recording of your client talking about a

marijuana conspiracy. Q. A. Q. A. Q. A. Q. A. To whom? To a cooperating defendant. Okay. Before, during or after the conspiracy?

During. Do you have that recording? I do not have it. What is on that recording? What is he saying?

He is speaking to a cooperating defendant about his

involvement in the trafficking of marijuana to the New York area. Q. A. When was that recording made? I don't know off the top of my head. I want to say

approximately in 2009. Q. A. Q. A. Okay. Yes. And we are going to get that as evidence in the case? Absolutely.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

And you have that recording, right?

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 37 of 57


Michael Gualtieri - Cross 37

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

Q.

Okay.

And my client didn't have any bank accounts with any

extraordinary sums in it, correct? A. I would have to look at the schedule of accounts. I don't

know off the top of my head. Q. But your recollection is that he was not one of those

people that had these thousands and thousands and hundreds of thousands of dollars in bank accounts? A. Well, I believe his paramour maintained an account that

money did go through. Q. A. Q. A. All right. Correct. Okay. But he didn't? I don't believe we identified any accounts But she is a co-defendant?

I am not sure.

pertaining to Alexander specifically. Q. Okay. And you have no specific phone records either that

would show any kind of criminal activity on his part? A. Well, I believe we have phone records pertaining to the

2006 murder that occurred in front of his house. I haven't reviewed them, but I believe that we have those phone records. Q. Is that the thing that you just brought up about some 17 Is that what you are talking about?

year old that was killed? A. Q. A. Yes.

There is nothing about that in the complaint? Correct.


TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 38 of 57


Michael Gualtieri - Cross 38

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

Q. A. Q. A.

He is not charged with that; is that right? Not yet. And you just found out this information just recently? No. I have known about the murder since it occurred in

2006. Q. A. Q. A. Q. But that's not mentioned in the complaint? Correct. It is not part of this case? Correct. And you have basically a cooperating witness who is telling

you this? A. Q. A. Q. A. Q. A. Q. We have multiple cooperating witnesses. Who are telling you what? Information pertaining to the 2006 murder. Okay. Yes. It is quite extensive? It is pretty extensive. All right. Let's talk about his adult record. In his Have you reviewed my client's arrest record?

adult record, he has not one conviction for anything violent; is that correct? A. I don't know. MR. KRITZER: Your Honor, I would like the record to

reflect that I have reviewed the record, and I don't find any conviction for any violent crime. If there is one, the

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 39 of 57


Michael Gualtieri - Cross 39

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

prosecutor I am sure will correct me. THE COURT: MR. KRITZER: BY MR. KRITZER: Q. Now, obviously being the case, agent you are familiar Okay. But I don't see any here.

somewhat with my client's background? A. Q. A. Q. A. Q. A. Q. Yes. He is about 30 years old, correct? Yes. Born in Miami? Yes. He has lived his entire life in South Florida? Yes. In fact, 28 years of the 30 years he lived here and 2 years

he lived in Osceola, and he has also been in Florida, correct? A. I think he spent some time up in New York as well.

Probably in 2011. Q. A. Q. A. Q. A. Q. Living there? Yes. Okay. He is a South Florida resident?

Is that a question? Yes. Yes. Okay. He is a South Florida resident. And he has been that way for quite sometime,

correct?
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 40 of 57


Michael Gualtieri - Cross 40

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

A. Q. A. Q.

Yes. His wife or his paramour as you said lives here? Yes. He lives with her for how long? How long have they been

living together? A. Q. A. Q. A. Q. A. Q. For quite sometime. I can't give you the exact years.

Four children, correct? Yes. All U.S. citizens? Yes. My client is a U.S. citizen? Yes. Okay. My client had nothing to do with the seizure in New

York? A. Q. A. Q. The seizure in which -In New York. You were talking about brothers.

He was not a party. He was not part of that seizure in New York that you

testified about? A. Q. That's correct. All right. MR. KRITZER: THE COURT: BY MR. KRITZER: Q. This investigation has been going on for quite sometime; is
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

May I have a moment, Your Honor? Sure.

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 41 of 57


Michael Gualtieri - Cross 41

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

that right? A. Q. That's correct. All right. At some point in the past 4 years or so, a

agents came to talk to him in the past 4 or 5 years; is that right? A. Not to talk with him; to obtain consent to search the house

that he was living at. Q. A. Q. And what happened there? He didn't grant consent. Okay. But he knew he was under investigation; is that

right? A. Q. I can't speak for what he knew. Let me ask you this: You interviewed many people over the

last 5 years and asked about the Santiesteban family and specifically about Alex; is that right? A. Q. That's correct. Okay. Would it be fair to assume that these people got

back to him and told him that he was under investigation? MR. ATHAS: THE COURT: THE WITNESS: Objection. Overruled. I don't know what they got back to him It calls for a conclusion.

about, but we didn't interview quite a few people. BY MR. KRITZER: Q. A. And you mentioned him? Absolutely.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 42 of 57


Michael Gualtieri - Redirect 42

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

Q.

Okay.

And these people all talk among themselves.

That

was part of your testimony earlier. each other. right? A. Q. That's correct. All right. THE COURT: MR. KRITZER:

These people all talk to

They sit down and they discuss things; is that

We need to wrap this up, Mr. Kritzer. I need just one moment, Your Honor, just

to see if I missed one question, and then I will have argument. THE COURT: MR. KRITZER: THE COURT: to this defendant? MR. ATHAS: THE COURT: MR. ATHAS: Yes, Your Honor, I do. All right. Briefly. REDIRECT EXAMINATION BY MR. ATHAS: Q. Agent Gualtieri, Mr. Kritzer asked you about Osceola. Do Okay. I have no further questions. Okay. Do you have any redirect in regards

you know whether or not the Sheriff's Office did surveillance on the house up there? A. Q. Yes. Mr. Kritzer also told you that or asked you if the evidence

against his client comes from cooperating co-conspirators, correct?


TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 43 of 57


Michael Gualtieri - Redirect 43

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

A. Q. A. Q.

Yes. And the answer was it does? That's correct. In the Osceola County search warrant, did the detectives up

there interview Dayna Castellanos? A. Q. Yes. And that is the paramour and the mother of his children,

correct? A. Q. A. Q. A. Yes. Did she implicate the defendant? Yes. Do you know what she said? She said that she assisted the defendant in the operation

of the hydroponic grow at that residence. Q. A. Q. She didn't say it exactly in those words, did she? No. Now, let me back up a little bit. In 2006 the boy was

killed in front of the defendant's house, correct? A. Q. Yes. Are there multiple witnesses that identify that he had a

marijuana grow there? A. Q. Yes. Now, after that he left. Sometime after the murder he

departed Dade County, did he not? A. Yes.


TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 44 of 57


Michael Gualtieri - Redirect 44

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

Q. A. Q. A. Q.

And he moved to Osceola County, did he not? Correct. And he grew there? Correct. Now, after Osceola County was raided, did he return to the

Miami area? A. Q. A. Q. I believe he did. Did he continue to grow? Yes. Do you know whether or not he has any connections in

Mexico? A. Q. A. Yes. What are they? The individual that owned the house in Osceola County

actually fled Florida due to what he thought was a credit card fraud conviction. The defendant Alexander has maintained connections with that individual in Mexico. Q. The witness that was interviewed last Tuesday or last

Thursday -- excuse me -- did he make any references to conversations that he had with this defendant while the defendant was in Mexico? A. Q. A. Yes. What did he say? He said that Alexander basically explained to the defendant
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 45 of 57


45

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

that he was opening a cocaine route from Mexico to South Florida and offered to sell the defendant kilos of cocaine for 30,000 a key. Q. A. Q. So this defendant had connections in Mexico? Correct. Now, this grow, the Santiesteban drug trafficking

organization, do they cooperatively work together? A. Q. Yes. Did your investigation reveal whether or not they used

multiple bank accounts to move their money around? A. Q. A. Q. A. Yes. Was this defendant part of that organization? Yes. Was he one of the directors? Absolutely. MR. ATHAS: THE COURT: Mr. Kritzer? [The witness was excused]. MR. KRITZER: Yes. By way of argument, Your Honor, I No further questions. Okay. All right. Any argument,

just wanted to point out that, yes, he has been charged with being a member of a marijuana grow organization. Yes, he has a very extensive record. However, if you

look carefully at it, many of the cases have been dismissed. The only cases that I find that are felony
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 46 of 57


46

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

convictions, per se, that I have been able to find are at the age of 21, the fleeing and eluding police, that was number 1 where they revoked his probation and number 2 was he was originally charged with trafficking in cannabis, that was reduced to felony possession of cannabis, and he received 39 days. I don't see any convictions for anything violent. a matter of fact, there was a battery charge when he was 27, and he was acquitted by a jury. He has always appeared in court. In fact, he appeared As

for that case where he was acquitted in 2009, which is the most recent charge in a court of law against him, and he showed up every day for that trial and was, in fact, acquitted. So there is no indication that he would fail to appear. There is no indication that you cannot set conditions

of release that will assure his appearance here in court, and he has four children. He is a life long resident of South Florida. He is an

American citizen, and I think that there are conditions of release that you can set that will assure his appearance here in court. THE COURT: Okay. I find this offense carries a

penalty in excess of 10 years and involves narcotics. I find that the weight of the evidence, we will go one by one. I will do Alexander first.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 47 of 57


47

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 evidence against Alexander is substantial, in that numerous witnesses have identified him as one of the leaders of this marijuana grow operation that grew marijuana predominantly in South Florida and moved it to New York City for resale. There is a substantial amount of money made from that. Over 1,200 plants are estimated to have been grown. This gentleman was involved in this circumstance at least since 2006 and participated in getting houses ready for the grows as well as harvesting the gross and, in fact, lived in a house I believe it was St. Cloud up in Osceola County; that a search warrant was executed in November of '08, if I recall correctly, and although marijuana was not found, remnants were and items that are used in hydroponic growth of marijuana were found as well as this gentleman's fingerprints. I find, by a preponderance of the evidence, that no condition or combination of conditions will reasonably assure the appearance of the defendant as required at future proceedings. The defendant is a United States citizen. his father is from Cuba. However,

He is facing a substantial jail

sentence in this matter if he is convicted. He does not have extensive assets here in the United States or in the Florida area. He has worked has a handy man over the last several years and his only financial asset is a $4,000 van.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 48 of 57


48

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

I note that his girlfriend or common law wife, whatever you want to call her, is also a co-defendant in the case and, therefore, there is very little keeping him here in Miami should he be released. I find that the defendant has a very long rap sheet. Counsel points out that many of the cases were either no-actioned or dismissed, or what have you. However, I do note that he was charged with probation violations on 2 or 3 occasions and, in fact, his probation was revoked on at least one occasion where he was required to serve 364 days in jail. He has also been charged on at least two occasions with fleeing and eluding the police and also on a couple of occasions with providing false identification after arrest. I note that he has four aliases and 3 social security numbers and 2 different dates of birth that are reflected in the Florida Department of Law Enforcement records. Based on all of that, I find that he is a risk of flight, and I am going to order that he be detained pending trial in the matter. All right. As to Gilberto Santiesteban, Sr., I also

find that this offense carries a penalty in excess of 10 years and involves narcotics and, therefore, the presumption arises as to risk of flight. I find the weight of the evidence against the
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 49 of 57


49

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

defendant is substantial; that the defendant assisted in this organization throughout a number of years predominantly in assisting in setting up grow houses and then the subsequent harvest of those houses. There are numerous witnesses who testified to that, and in addition he participated in assisting in the destruction of evidence in this matter. I find that by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of this defendant as required at future proceedings. The defendant has been here since I believe around 1980. He is a Cuban National, and I understand why he is a

parolee due to apparently his criminal record. I find that he still does have ties to Cuba, in that he does have siblings and daughters who live in Cuba. I find that he is facing a substantial sentence in this matter, and that if he was released, that it is likely that he would attempt to flee to Cuba. Although his Cuban passport has been seized or probably will be or would be required to be surrendered, if he was released on bond, I find that based on prior cases and general knowledge that it is very easy to travel to Cuba from here without a passport. It is a short trip by boat, and the defendant could do
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 50 of 57


50

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

that, in that he is facing a substantial sentence in this matter which may be, you know, tantamount to him spending the rest of his life in jail. I also note the defendant has four aliases. He has

been charged in the past with obstruction of justice with probation violations. He has been charged with obstruction of justice on at least 4 occasions and probation violations 2 or 3 times, and he has also been charged with tampering with physical evidence. I also note that he is on bond now in regards to his failure to complete anger management courses that have been ordered by apparently a state court judge. So based on that, I find that he is a risk of flight and order that he be detained pending trial in this matter. As far as German Silvestro goes, the government is asking that he be detained because he is a risk of flight, and I find that the offense he is charged with carries a penalty in excess of 10 years and involves narcotics, and the presumption arises as to risk of flight. I find that the weight of the evidence against the defendant is substantial, in that he participated in the harvesting of marijuana. He assisted in the destruction of evidence and he rented a U-Haul which was to be purportedly used to distribute pieces of this van throughout Dade County or South Florida.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 51 of 57


51

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

However, I find that the defendant has rebutted the presumption of risk of flight, and I find that I can set conditions or a combination of conditions that will reasonably assure the appearance of the defendant as required at future proceedings. I note that the defendant does not have an extensive arrest history. In fact, he has virtually none other than a

vehicle title fraud application that he was charged with in March of 2011 and was dismissed. He doesn't have any aliases. Although he was born in

Argentina, he is a United States citizen and he has been a U.S. citizen since sometime in the 1980's. He resides here with his wife and two children, and he has close ties to the South Florida area. He also has family here in the United States; that is, a sister who is here in court today, as well as I believe a mother and father who are all from the New York area. So, based on that, I am going to find that there is a bond that I could set. I am going to set a bond. Although I

am going to set a corporate surety bond because I feel that is necessary because of the seriousness of the charges in this case. I realize he does not have many assets, but I am going

to set a $25,000 corporate surety bond which is going to cost him around, is that around $4,000 or a less than that? MR. CANO: 3,750. Judge, for the record, he has been

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 52 of 57


52

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

a citizen since 1992. THE COURT: MR. CANO: THE COURT: Oh. '92? Yes, sir. Okay. The Pretrial Service report

indicated the 80's, but 92 is still a substantial amount of time. So I am going to set a $25,000 corporate surety bond with a Nebbia as well as a $100,000 personal surety bond. Each

bond is to be signed by the defendant as well as his wife, his sister. Is that Rocello? MR. CANO: THE COURT: Catalina and Rocco. The defendant is to surrender all passport and travel documents. by them. He is to report to Pretrial Services as requested He is to submit to random drug testing. Will he be living at 10505 Southwest 139th Court? MR. CANO: No, Your Honor. I will have to get you a Rocello. Rocello and his mother and father,

better address because I think that's about to be lost, and the wife is pretty much emotionally scarred from the events of that house. So they will be moving somewhere here in South Florida. THE COURT: Okay. He is to reside in South Florida

and he is to provide an address to the court prior to his release. He is disabled, correct? So he cannot be employed;

is that correct?
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 53 of 57


53

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.

MR. CANO:

He is physically incapacitated.

He has yet

to be declared disabled. disabled.

He doesn't want to be declared

He wishes to work, but I think that belies the He takes medication for his back -Okay. -- illness for lack of a better term,

reality of it.

THE COURT: MR. CANO:

Your Honor, may I request something of the court? THE COURT: MR. CANO: Yes. Since the parents are in the Eastern She

District of New York, the sister is here and she can sign.

lives in the District in New Jersey as of course the wife lives in the Southern District of Florida. Can he be released with the documents separately being sent to the parents and being sent back to the court? THE COURT: No. Well, I mean he is going to have to He is going to have to

go through a Nebbia hearing, anyway.

have the parents sign because I also want the parents to -well, you said they don't own any real property; is that correct? MR. CANO: THE COURT: I don't believe they do. All right. Well, I am going to also

require that this gentleman submit to home confinement since he is not going to be employed, and he is to reside at his residence.
TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 54 of 57


54

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

He is going to have to get a land line in his residence before he is released, as well as he is going to have to notify Pretrial Services of his permanent address because I don't see him getting released on this bond in the next 24 hours. MR. CANO: THE COURT: That is correct. He is to be basically under house arrest.

He is only allowed to leave for medical purposes, religious purposes, to meet with his attorney, and he is to obtain permission from Pretrial Services prior to leaving the house, and they are to allow him a reasonable amount of time to address those needs. All right. He is also to possess no firearms. So if

there are any firearms in the home he is going to reside in, they need to be taken out of the home before he goes there. MR. CANO: THE COURT: Very well, Judge. All right. Any other conditions requested

by the government on Mr. Silvestro? MR. ATHAS: MR. CANO: One second, Judge. No, Your Honor.

Your Honor, may the record reflect that I

am going to be passing onto the PTS officer his expired as of the year 2001 United States passport? THE COURT: for the court? THE PRETRIAL SERVICES OFFICER: Your Honor, is the Okay. Sure. All right. Anything else

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 55 of 57


55

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

electronic monitoring to be paid by U.S. Probation? THE COURT: No. To be paid by the defendant. Are you

here on a temporary appearance. MR. CANO: I am only on a temporary appearance. Let's put it that way. I

don't know what the future holds. THE COURT: MR. CANO: Okay.

I would ask that he be relieved of that

obligation, given the financial status. THE COURT: status is. defendant? THE PRETRIAL SERVICES OFFICER: MR. CANO: THE COURT: month, I guess. I am sorry. Your Honor $3.25 a day Well, I don't know what his financial What does it cost for the

I mean, let me ask you:

I missed it. So it is about 100 bucks a

3.25 per day.

I mean, do you want to proffer to me what his

financial status is? MR. CANO: the Nebbia. THE COURT: Okay. All right. I mean right now I am If you want to If we could leave that open for when we do

going to order the defendant to pay for it.

address it at the time of the Nebbia, then you are welcome to do that. MR. CANO: THE COURT: Thank you, Your Honor. Okay. Thank you, Your Honor.

THE PRETRIAL SERVICES OFFICER:

TOTAL ACCESS NETWORK COURTROOM REALTIME TRANSCRIPTION

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 56 of 57


56

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 with?

THE COURT: No?

Okay.

Anything else I can help anybody

MR. GONZALEZ: THE COURT: THE CLERK:

No. Court is in recess. Court is adjourned.

Okay.

All rise.

(Whereupon the proceedings were concluded)

Case 1:12-cr-20452-KMM Document 102 Entered on FLSD Docket 06/25/2012 Page 57 of 57


57

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

C E R T I F I C A T E I hereby certify that the foregoing is an accurate transcription of proceedings in the above-entitled matter. JUNE 25, 2012 ________________ DATE S/JERALD M. MEYERS ______________________________________ JERALD M. MEYERS, RPR-CM

Quality Assurance by Proximity Linguibase Technologies