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Case TAECIOOS8E- PEUTIC NE 669 Filed@W2ea/22gePaged 31 of 67 UNITED STATES OF AMERICA, y PAUL M. DAUGERDAS, ET AL., Page 239 | February 15, 2012 C2frdau7 Conrad - cross Page 237 | C2frdau7 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. Iknow | 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 toeverybody. 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! know I served and! did my civic duty andl = 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, | also know thatI 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 willdo it tomorrow morming. 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 itaday. 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 moming 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 t have a moment with Mr. Shechtman, 3. existing arrest warrant, She was arrested. ButI'm goingto | 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: Jndge, | think we are even bevter. 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: J hope he didn’t have much of a class load 5 MR. GAJR: 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. at 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; 1 would say that he missed the classes 14 ready to go. I think itis going to take three or four minutes |14 on respondeat superior by order of the Court. 15 forhimto 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. GAIJR: Fine with me, Judge. 17 MR. OKULA: No, your Honor. 16 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 alittle |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, | 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 now. [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 DOJ-OGR-00009273