Freddie Marshall Carson Transcript From Court May 8, 2012

8/22/2019 Freddie Marshall Carson Transcript From Court May 8, 2012

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE, TENNESSEE

United States of America, :

:Plaintiff, :

vs. : Case No. 3:12-cr-17

:

Freddie Marshall Carson, : Motion/Pretrial Conference

:

Defendant. :

Transcript of proceedings before the Honorable C. Clifford Shirley,

Jr., U. S. Magistrate Judge, on May 8 , 2012.th

Appearances:

On behalf of the Plaintiff:

Jennifer Kolman, Esq.

U. S. Attorneys Office

Knoxville, Tennessee

On behalf of the Defendant:

Bobby E. Hutson, Jr., Esq.

Federal Defender Services, Inc.


Court Reporter:Donnetta Kocuba, RMR

800 Market Street, Suite 132

Knoxville, Tennessee 37902

(865) 524-4590

Case 3:12-cr-00017 Document 34 Filed 04/25/13 Page 1 of 12 PageID #: 108


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US v. Carson - 5/8/12 Hearing

1 (Whereupon, Tuesday, May 8 , 2012, Court convened in theth

2 following matter at 2:16 p.m.; Defendant present via telephone.)

3 COURTROOM DEPUTY: Mr. Carson, can you hear me

4 okay still?

5 MR. CARSON (by phone): Yes, maam.

6 COURTROOM DEPUTY: I just wanted to make sure

7 you were still on the line.

8 MR. CARSON: Yes, Im here.

9 COURTROOM DEPUTY: Case Number 3:12-cr-17,

10 United States of America versus Freddie Marshall Carson. Jennifer

11 Kolman is here on behalf of t he Government. Is the Government

12 present and ready to proceed?

13 MS. KOLMAN: It is, your Honor.

14 COURTROOM DEPUTY: Bobby Hutson is here on

15 behalf of the Defendant. Is The Defendant present and ready to

16 proceed?

17 MR. HUTSON: Present and ready, your Honor.

18 THE COURT: All right. Before we begin, Mr. Carson,

19 Ill address you and remind you of a couple things. First off, you

20 still have the right to remain silent and not say anything, and I

21 would encourage you to exercise that right. Number two, youre

22 probably required to, because youre represented by counsel, and

23 for purposes of this hearing, you will essentially speak through

24 counsel; that is, he will speak for you.

25 Do you understand those admonitions?



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1 MR. CARSON: Yes, sir, your Honor.

2 THE COURT: All right. There may be a time or two

3 that I will address you personally to assure myself that you

4 understand whats going on. If I do, then you may answer at that

5 time, and I will just basically expect either a yes or no. Okay. Do

6 you understand that, Mr. Carson?

7 MR. CARSON: Yes. Yes, sir, Im here.

8 THE COURT: Okay. Did you understand what I just

9 said?

10 MR. CARSON: Yes, sir.

11 THE COURT: Okay. Now, I will address you, Mr.

12 Hutson. Looks like I have a couple motions in fron t of me. First, is

13 the motion for Mr. Carson to waive h is appearance and to appear by

14 phone. Obviously, I have been addressing him on the phone. You

15 can probably take from that that Ive g ranted that motion. I assume

16 the Government has no objection, Ms. Kolman?

17 MS. KOLMAN: No, your Honor.

18 THE COURT: All right. Obviously, Mr. Carson may

19 appear by phone and will also take note that he has filed an

20 affidavit in this case indicating that he has been advised of his

21 speedy trial rights and that he acknowledges that he requests

22 additional time to prepare his case and that that outweighs his right

23 to a speedy trial.

24 That second part relates to the other motion that were taking

25 up here today, which is your motion to continue the trial. I will



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1 hear from you briefly on that, Mr. Hutson.

2 MR. HUTSON: Your Honor, this is in reference to the

3 motion to continue fi led on May 4 of this year.th

4 THE COURT: Why dont you come up to the podium, if

5 you dont mind.

6 MR. HUTSON: Certainly.

7 THE COURT: Thank you, sir.

8 MR. HUTSON: Your Honor, this in reference to the

9 May 4 motion that we filed in this matter. Were asking that theth

10 Court continue the case until October of this year. The two parties

11 have spoken before court, and the October 23 date is a date thatrd

12 would work with both of our schedu les.

13 More importantly, in terms of the substance of our request, we

14 need this time to properly review the d iscovery from the

15 Government in this matter. The discovery is voluminous. As of

16 now, there are approximately 2,000 pages of discovery, and it is

17 trickling in from time to time, does require additional review on

18 my part.

19 Additionally, there are probably is it three to 5,000 text

20 messages that need to be reviewed in the case from various parties,

21 and all of them relate to Mr. Carson. Additionally, it is paramount

22 for us to be able to advise Mr. Carson on possible motions in the

23 case, and without having an opportunity to review the

24 documentation, it is my fear that I would be unable to do that

25 effectively.



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1 Also, your Honor, the Defendant, as the Court noted, did file

2 an affidavit. Mr. Carson is fine with the continuance in terms of his

3 speedy trial rights, which were waived via the affidavit in this

4 case. And I would also, lastly, note that the Government is not

5 opposing our motion, is my understanding.

6 THE COURT: All right. Let me here real briefly; then

7 Ill address both o f you. Ms. Kolman, does the Government have

8 any position with regard to the motion to continue?

9 MS. KOLMAN: No, your Honor. All that he has said is

10 correct. There is a lot of evidence, and we have been the

11 Governments actually been helping him to kind of sift through it,

12 but it is a lot to digest.

13 THE COURT: All right. I always appreciate the

14 Government providing assistance with regard to collating, pointing

15 out most relevant documents, those type of things, but I dont

16 encourage too much of the trickle down approach.

17 So, at some point, particularly like this month, I expect you to

18 get with the agents and find out what all is left out there, and lets

19 get it done. I dont want to hear that discovery is still trickling in

20 in September.

21 MR. HUTSON: Your Honor, if I could, and this is

22 probably my fault, if I could clarify that comment. I believe some

23 of the discovery thats trickling in is new discovery, things that are

24 happening presently or

25 THE COURT: And I understand that sometimes its



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1 inevitable and sometimes its a matter of different agencies,

2 different functions, different all kinds of they are excuses, but

3 theyre really good excuses. But at some time and po int somebody

4 has to sort of be at the head of the table and get everybody in there

5 and say, okay, lets get it all together. Okay. Im not fussing; Im

6 just pointing that out.

7 All right. At this point, Mr. Hutson, do you know of any

8 motions you would need to file? What Im looking for is, is there

9 any need for me to set a new motion hearing deadline or can we

10 operate on the default rule, which is, if you have a motion to file

11 then you just file a motion te lling me why you couldnt file it

12 earlier, submitting me a copy of it.

13 MR. HUTSON: I think that would suffice, your Honor.

14 THE COURT: All right. Did I ask you about October

15 23 as a trial date? Is that okay with the Government, Ms. Kolmanrd

16 MS. KOLMAN: Thats fine with the Government, your

17 Honor.

18 THE COURT: Will you be handling this now for Ms.

19 Hui?

20 MS. KOLMAN: Yes.

21 THE COURT: All right. And, Mr. Hutson, is that date

22 good for you and Mr. Carson?

23 MR. HUTSON: It is, your Honor.

24 THE COURT: All right. Ill reset the trial date until

25 October 23 , 2012. I do find that all the time between the filing ofrd



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1 the motion to continue and todays date has been fully excludable

2 for speedy trial purposes as a result of a pending motion.

3 I find that all t ime between today and October 23 to be fullyrd

4 excludable for speedy trial purposes for the reasons stated by

5 counsel, and that is the volumi the fact that discovery is

6 voluminous, and that obviously there is some great need of time to

7 prepare for those documents and prepare clients for trial.

8 And I notice also, as well, for the record, that Mr. Carson is in

9 another state and its necessary for counsel to prepare with some

10 difficulty when that logistical difference exists. So and in the event

11 that any motions need to be filed, then the Court will need time to

12 address those.

13 So for all those reasons, I will grant the motion, set the trial,

14 and find that all the time is fully excludable. As noted, I will not be

15 filing I mean, will not be putting down a new motion deadline.

16 Mr. Hutson, again, my default rule is that, if you determine

17 that you need to file a motion , you will file a couple documents.

18 One is the motion that requests leave to file a motion out of time. In

19 the body of that motion you will tell me two things: number one,

20 why it couldnt have been filed back during the original motion

21 filing deadline, for example, if its new discovery; and the second

22 is a summary of the merits of the motion, why you should be

23 allowed to file it, why you think you might prevail, why you need

24 the relief sought.

25 You will attach to that actually a copy of the motion you



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1 intend to file so I can review it for myself. Okay? Absent some

2 special need, I wont need a hearing on that. Ill just rule on the

3 papers.

4 The Government may be contacted to see if they have any

5 objection, but because its a motion t o file, out of time, that

6 objection will have to be with regard to that issue. We wont be

7 taking up the merits of the motion in an ex parte call; okay? Just so

8 everybody understands.

9 We will need to take up the issue of a plea cutoff date. We

10 need a new plea cutoff date. Normally, we do that a coup le weeks

11 before trial. Is that satisfactory with the Government in this case?

12 MS. KOLMAN: Thats fine, your Honor.

13 THE COURT: Well make it October 9 . All right. Isth

14 there anything else on behalf of the Government that we need to

15 take up?

16 MS. KOLMAN: Not today, your Honor.

17 THE COURT: Im not going to set a new pretrial

18 conference; do you think? At this point, Im not. If anythings

19 filed or theres a need for a pretrial conference, the parties can ask

20 me and I will set it up. Absent that, though, well put down a

21 standard pretrial order.

22 MR. HUTSON: Thank you.

23 THE COURT: Okay. Anything else on behalf of Mr.

24 Carson at this point?

25 MR. HUTSON: No, your Honor. Thank you.



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1 THE COURT: Let me address Mr. Carson just real

2 briefly. Mr . Carson youve heard that I am continuing the trial until

3 October 23 , 2012. Do you have any objections to that?rd

4 MR. CARSON: No, sir.

5 THE COURT: Okay. I want to remind you, as I do

6 every defendant who is out on release, when I continue a case, that

7 that can be a good news/bad news situation. The good news is,

8 youre still out and you still get to remain out on those same

9 conditions. Okay?


11 THE COURT: And the bad news is, that you still

12 remain out on those conditions, which means that theres still

13 potential for you to violate; and if you did, you would have to be

14 remanded to custody and sit there until the time of trial, which is

15 now going to be in October. Do you understand that?


17 THE COURT: Hopefully, that provides you with new

18 and even better incentive to follow those conditions. I should tell

19 you that I have spoken with your Indiana probation o fficer, and Im

20 advised that you are compliant technically with your conditions.

21 However, I am concerned and have expressed concern, and your

22 probation officer is concerned, you still have not secured

23 employment.

24 MR. CARSON: That is correct, yes.

25 THE COURT: Well, are you making some major strides



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US v. Carson - 5/8/12 Hearing 1

1 in that area?

2 MR. CARSON: Yes, sir, I am. I have had several job

3 offers, but they were sales job offers, and my probation officer

4 recommended that I could not take those jobs under the conditions

5 of my release. And so I have had to go back and seek other

6 employment, but I have made great strides, yes, and I am doing it

7 every day.

8 THE COURT: Well, strides isnt so much in terms of

9 effort; its in terms of closeness to getting something.

10 MR. CARSON: Very close, yes, sir.

11 THE COURT: I kind of understood that you were going

12 to be able to secure employment, had essentially promises of that if

13 I released you. I think I may have stated on the record I doubted

14 that and its come more true.

15 If you dont get employment, Mr. Carson, you will end up

16 violating. I dont want you to and thats not something Im going to

17 make happen. Im just going to tell you its a truism. Its been my

18 experience that people who arent employed almost always end up

19 violating somewhere along the line. So, for your familys sake, for

20 your own sake, you need to secure employment.

21 I also notice that there may be a I also note there may be a

22 problem with you remaining in the residence that youre currently

23 living in?


25 THE COURT: And, you know, before theres any kind



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1 of eviction proceedings or anything like that, if youre going to be

2 living anywhere else, as I told you before, I need to know that and

3 Im telling Mr. Hutson too I need to know that before you move

4 there. Okay?


6 THE COURT: I dont need one day to go by where your

7 probation officer wonders where you are. So I hope none of that

8 comes to pass. I hope you get a job, hope you get to stay in the

9 apartment youre in and get you know, everything works out. But

10 you need to make that happen , Mr. Carson; okay?


12 THE COURT: All right. Im going to allow you to stay

13 out on the same conditions. I assume the Government has no

14 objections to that, Ms. Kolman?

15 MS. KOLMAN: No, your Honor.

16 THE COURT: All right. Probation officer is satisfied

17 with those; so am I. Im just sort of giving you a heads up; okay?


19 THE COURT: Did you get that, Mr. Hutson?

20 MR. HUTSON: I did, your Honor. Thank you.

21 THE COURT: All right. Anything else on behalf of

22 Mr. Carson then today?

23 MR. HUTSON: Nothing, your Honor. Thank you.

24 THE COURT: All right. Mr. Carson, youre welcome

25 to hang up the phone. We are through with this hearing. Court will



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1 now stand adjourned.


3 THE COURT: All right. Bye-bye.

4 (Hearing concluded at 2:33 p.m.)

C E R T I F I C A T I O N

I certify that the foregoing is an accurate transcript of the record o

proceedings in the titled matter.

/s/DonnettaKocuba 4/22/13

Donnetta Kocuba, RPR-RMROfficial Court Reporter

U.S. District Court


C 3 12 00017 D t 34 Fil d 04/25/13 P 12 f 12 P ID # 119

Documents

Freddie Marshall Carson Transcript From Court May 8, 2012