Document A-5669

Case 1:20-cv-00380-PAE Document 616-1 Filed 02/24/22 Page 31 of 67 UNITED STATES OF AMERICA, v PAUL M. DAUGERDAS, ET AL., February 15, 2012 C2frdau7 Conrad - cross Page 237 C2frdau7 Page 239 1 I know misrepresenting myself and the perjury was 1 with the marshals, and then we are going to head into I think 2 wrong, and I apologize to the Court and to everybody else who 2 the rest of the waiver portion. 3 has, I'm sure, devoted immeasurable amount of time, hours 3 MR. GAIR: Judge, as far as I'm concerned, the only 4 Maybe it just wasn't for the $40. That's basically it. I know 4 reason to call the marshal, I need to to perfect impeachment 5 a lot of resources were spent because of this, and I apologize 5 unless the Court is ready to decide the substantive issue that 6 to everybody. It wasn't a calculated folly, it was just maybe 6 the witness has shown herself to be a pathological liar, not to 7 folly. But I know I served and I did my civic duty and I 7 know what the truth is, probably to be severely mentally 8 believe I was fair and just in rendering the verdict. 8 disabled, and to have committed innumerable direct contempts in 9 I know my disclosures definitely would not have 9 front of your Honor today by perjuring herself. So I would 10 allowed me to serve as a juror. I also know that I could have 10 renew our motion at this time, and then we could dispense with 11 requested a side bar to speak with your Honor and the other 11 the marshal. 12 attorneys during the voir dire, and I didn't do that. I 12 THE COURT: We are in the middle of a hearing. I can 13 apologize to everybody. 13 see that Mr. Okula is ready to respond, but we are not going to 14 THE COURT: Anything further from counsel? 14 go down that route. You will call your next witness and you 15 MR. OKULA: No, your Honor. 15 will do it tomorrow morning. We'll have Deputy Weiss here at 16 THE COURT: Mr. Gair? 16 that time. 17 MR. GAIR: Not of this witness, your Honor. 17 Are you calling anyone else from the Marshals Service? 18 THE COURT: Mr. Rotert? 18 MR. GAIR: No, your Honor. 19 MR. ROTERT: No, your Honor. 19 THE COURT: All right. Mr. Shechtman? 20 MS. McCARTHY: No. 20 MR. SHECHTMAN: Judge, it may be that we should all 21 MR. SHECHTMAN: No, your Honor. 21 call it a day. If the Court wants what I think is a short 22 THE COURT: Is there any reason at this juncture that 22 witness, Mr. Benhamou is here. He is a law student, he has 23 the arrest warrant that was issued this morning to bring the 23 classes tomorrow. 24 witness to court should not at this time be released? 24 THE COURT: He is in class? 25 MR. OKULA: No, your Honor. 25 MR. SHECHTMAN: He missed today. C2frdau7 Page 238 C2frdau7 Page 240 1 MR. GAIR: Not the arrest warrant, your Honor. 1 THE COURT: Bring him on. 2 THE COURT: I'm not going to vacate it. It's an 2 MR. OKULA: May I have a moment with Mr. Shechtman, 3 existing arrest warrant. She was arrested. But I'm going to 3 your Honor? 4 release her now. 4 THE COURT: Right. We'll take a witness out of order. 5 You're free to go. You may step down as a witness. I 5 MR. SHECHTMAN: Judge, I think we are even better. We 6 think the Marshals Service will assist you. You are excused. 6 have just decided that we don't need his testimony and we are 7 (Witness excused) 7 going to send him back to school. 8 THE WITNESS: Would the defense call its next witness. 8 THE COURT: I hope he didn't have much of a class load 9 MR. GAIR: Yes, your Honor. The defense calls deputy 9 today. 10 U.S. Marshal Eric Weiss. 10 MR. OKULA: It's early in the semester, your Honor. 11 MR. OKULA: Your Honor, I understand that he was 11 THE COURT: It's those early sessions that are most 12 supposed to be communicating with the other marshals because he 12 important though. 13 let the people in the courtroom know that he was downstairs and 13 MR. SHECHTMAN: I would say that he missed the classes 14 ready to go. I think it is going to take three or four minutes 14 on respondeat superior by order of the Court. 15 for him to get up. I don't know if counsel is in favor of 15 THE COURT: Are there any matters that counsel want to 16 waiting until tomorrow morning. 16 raise before we suspend for the evening? 17 MR. GAIR: Fine with me, Judge. 17 MR. OKULA: No, your Honor. 18 THE COURT: I just want to make certain that we 18 THE COURT: Anything from defense counsel? 19 complete this hearing tomorrow. I'm prepared to work a little 19 MR. GAIR: No, your Honor. 20 later right now to get that, to achieve that purpose. 20 MR. ROTERT: 9:30 tomorrow, Judge? 21 MR. OKULA: Judge, I think, based on getting through 21 THE COURT: Let's make it 9:45, since I'm assured that 22 Ms. Conrad today, there is a substantial likelihood that we 22 we are going to comfortably finish tomorrow. Have a good 23 will be done by midday tomorrow. I am highly confident we will 23 evening. 24 get done tomorrow if we break. I understand from speaking 24 (Adjourned to 9:45 a.m., February 16, 2012) 25 with Mr. Gair or indirectly that he is going to be fairly quick 25 Page 237 - Page 240 (60) SOUTHERN DISTRICT REPORTERS --- PAGE BREAK --- UNITED STATES OF AMERICA, v PAUL M. DAUGERDAS, ET AL., February 15, 2012 Conrad - cross Page 237 ... (Complete text transcription in reading order) ...