Free Transcript - Appeal - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA _________________ ) ) Plaintiff, ) ) vs. ) ) JOHN DAVID JOHNSON WHITE, ) ) Defendant. ) ) ______________________________) UNITED STATES OF AMERICA, BEFORE:

CR 06-1073-PHX-FJM CR 03-0550-PHX-FJM Phoenix, Arizona November 9, 2007 4:23 p.m.

THE HONORABLE FREDERICK J. MARTONE, JUDGE

REPORTER'S TRANSCRIPT OF PROCEEDINGS VERDICT/SUPERVISED RELEASE FINDINGS

APPEARANCES: For the Government: U.S. Attorney's Office By: MICHAEL ALLEN LEE, ESQ. 40 North Central Avenue, Suite 1200 Phoenix, AZ 85004 For the Defendant White: Law Office of Robert J. Kavanagh By: ROBERT J. KAVANAGH, ESQ. 51 West Elliott Road, Suite 109 Tempe, AZ 85284 Official Court Reporter: Linda Schroeder, RDR, CRR Sandra Day O'Connor U.S. Courthouse, Suite 312 401 West Washington Street, Spc. 32 Phoenix, Arizona 85003-2151 (602) 322-7249 Proceedings Reported by Stenographic Court Reporter Transcript Prepared by Computer-Aided Transcription

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INDEX
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Proceedings Outside the Presence of the Jury Verdict Supervised Release Findings

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(Proceedings outside the presence of the jury:) THE COURT: a verdict. The clerk has advised me that the jury has

Before we brought them in, I wanted to let you know

I didn't -- I wasn't sure whether you'd been advised of this or not, but juror number seven sent a note out saying "Please bring us Exhibit No. 1, the SAR-1 rifle." Were you aware of that? MR. LEE: Yes. We were contacted by the court. It

was around 1:30, 2:00ish.

We came by and gave the rifle to

your courtroom deputy, and they -- my understanding is she took it into the jurors. THE COURT: Mr. Kavanagh, was that something that

you'd been advised of? MR. KAVANAGH: No. Just a few moments ago. That was

THE COURT:

All right.

Well, in any event, we advised

them yesterday that if they wanted the weapons, we would give them. And they did ask for that one, and as I understand it,

it's been returned to you, Mr. Lee? MR. LEE: THE COURT: and she can file it. have the jury come in? MR. LEE: No, Your Honor. No. It has, Your Honor. Then let me give this note to the clerk, Is there anything we need to do before we

MR. KAVANAGH:

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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 jury: jury. the jury.

THE COURT:

All right.

Then we'll have the clerk get

(The jury returned to the courtroom.) THE COURT: Welcome back, members of the jury. Please have a chair. It's

good to see you again. have a verdict.

I'm told that you

Who is the foreperson?

Would you hand the verdict to the clerk. All right. THE CLERK: We'll have the clerk read the verdict. Omitting the formal caption, "Verdict.

We, the jury, find the defendant, John David Johnson White, guilty of the crime of possession of a firearm by a convicted felon as charged in the indictment, specifically finding John David Johnson White knowingly possessed: "Romanian Arms, Model SAR-1, 7.62 x 39 mm rifle, serial number S1-49358-2001. "39 rounds of Wolf 7.62 x 39 mm ammunition (from magazine in rifle)." Dated November 9, 2007. THE COURT: the jury polled? MR. KAVANAGH: THE COURT: Yes, Your Honor. We'll have the clerk poll the All right. Signed by the foreperson. Mr. Kavanagh, would you like

All right.

THE CLERK:

Is this your true verdict and verdict of

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Juror number one? JUROR ONE: THE CLERK: JUROR TWO: THE CLERK: JUROR THREE: THE CLERK: JUROR FIVE: THE CLERK: JUROR SIX: THE CLERK: JUROR SEVEN: THE CLERK: JUROR EIGHT: THE CLERK: JUROR NINE: THE CLERK: JUROR TEN: THE CLERK: Yes. Juror number two? Yes. Juror number three? Yes. Juror number five? Yes. Juror number six? Yes. Juror number seven? Yes. Juror number eight? Yes. Juror number nine? Yes. Juror number ten? Yes. Juror number eleven? Yes.

JUROR ELEVEN: THE CLERK:

Juror number twelve? Yes.

JUROR TWELVE: THE CLERK:

Juror number thirteen? Yes. Well, thank you very much.

JUROR THIRTEEN: THE COURT:

All right.

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We need to affirm existing custody orders, and we need to schedule this case for a consolidated sentencing. Mr. Kavanagh, have you given any thought to the supervised release issue? disposition and sentencing. I think we should consolidate I don't know whether you wanted to

offer anything else in connection with supervised release or whether making findings at the same time as the disposition makes sense to you or making findings right now. (The defendant and his counsel confer off the record.) MR. KAVANAGH: findings right now. THE COURT: I'm sorry? You can make the findings right now. Judge, we would ask you to make the

MR. KAVANAGH: THE COURT:

Make the findings right now? Yes, sir.

MR. KAVANAGH: THE COURT:

All right.

For the benefit of the jury, the verdict having already come in, as you heard throughout the trial, the defendant was on supervised release when the events giving rise to this case arose, and there was a petition to revoke supervised release. rather than a jury. And that case number is CR 03-550. There was a That's something that's done by a judge

petition to revoke supervised release with allegation A, a violation of standard condition number one about not committing UNITED STATES DISTRICT COURT

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another federal, state, or local crime during the term of the supervision, and allegation B, a violation of special condition number five prohibiting possession of firearms. And I take it, Mr. Kavanagh, that based upon what you said, you and your client are content to have me make findings based upon my having sat throughout this trial; is that right? MR. KAVANAGH: THE COURT: Yes, Your Honor.

Based upon the evidence that I've heard

throughout this trial and based upon the jury's verdict in connection with the new case, CR 06-1073, I find by a preponderance of the evidence that the defendant violated standard condition number one by committing another federal crime during the term of the supervision by possessing the Romanian Arms rifle and ammunition, consistent with the jury's verdict. And I also find, based upon the evidence that I've heard throughout this trial, by a preponderance of the evidence that the defendant violated special condition number five, possessing a firearm. And, again, consistent with the findings

of the jury's verdict, I find that he possessed the Romanian Arms rifle and the ammunition associated with it. Madam clerk, may I have the jury's verdict? Thank you. And for the record, that was 39 rounds of

Wolf 762 x 39 ammunition from the magazine in the rifle. I therefore find the defendant in violation of UNITED STATES DISTRICT COURT

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supervised release. And so we'll set a consolidated disposition and sentencing. at 1:30. The clerk has given me the date of March 3, 2008,

Does that make sense with your collective calendars? MR. KAVANAGH: Judge, I don't have one that far out.

I know something's happening in March, but I think it's later, so March 3rd should be good. THE COURT: All right. Then we'll schedule it for

sentencing in the new case, 06-1073, and disposition in the old case, 03 CR 550, at March 3, 2008, at 1:30. And we will ask

the probation department to prepare a presentence report in the new case and a disposition report in the old case. All right. Well -- excuse me -- members of the jury, I know it was

thank you very much for your service.

inconvenient for you to be here, and I appreciate your having spent this time with us. Let me also relieve you of the admonition. I've been

telling you throughout the trial that you shouldn't be talking to anybody about this case. And now that the verdict is in,

you're welcome to talk to whomever you want to about this case, which reminds me we want to remind the clerk to call the alternate juror and advise her of the verdict and relieve her of the admonition. And so you're now free to talk to anybody you want to about this case, family, friends. You're welcome to talk to

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the lawyers about the case.

Some jurors stay after trials, and

they may have some issues or unanswered questions or curiosity about things in the case. They may have comments about the And you're welcome to stay and

lawyers' advocacy and so forth. talk to the lawyers.

It's good for them to hear from jurors

both in connection with the current case and their future cases. to. But you don't have to talk to them if you don't want The decision is yours to make. But,

It's really up to you.

And you're welcome to talk to them or not talk to them.

in any event, we thank you for coming and taking time out of your lives to decide somebody else's issue. you very much. And also let me thank Mr. Kavanagh and Mr. Lee for your professional courtesies throughout the trial. Have we forgotten to do anything, Mr. Lee, anything else that we need to do? MR. LEE: I believe the Court noted to confirm the So really thank

existing detention order? THE COURT: MR. LEE: Honor. THE COURT: Yes. And obviously the defendant is Yes. Thank you. Then there is nothing, Your

remanded to the custody of the marshal. And, Mr. Kavanagh, is there anything else that we've forgotten to do either in the new case or the old case? UNITED STATES DISTRICT COURT

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MR. KAVANAGH: THE COURT:

Judge, not that I can think of. Then we'll see you both in

All right.

And again, members of the jury, thank you very much.

You're welcome to stay and chat with counsel, or if you have had enough of this case and want to start your Veteran's Day weekend, you can blast right out that door. And, again, thank you very much. (Proceedings recessed at 4:37 p.m.) It's your choice.

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C E R T I F I C A T E

I, LINDA SCHROEDER, do hereby certify that I am duly appointed and qualified to act as Official Court Reporter for the United States District Court for the District of Arizona. I FURTHER CERTIFY that the foregoing pages constitute a full, true, and accurate transcript of all of that portion of the proceedings contained herein, had in the above-entitled cause on the date specified therein, and that said transcript was prepared under my direction and control. DATED at Phoenix, Arizona, this 28th day of April,

s/Linda Schroeder Linda Schroeder, RDR, CRR

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