Case 3:10-Cr-00250 Document 105 Filed 06/06/12 Page 1 of 119 Pageid #: 448
Case 3:10-Cr-00250 Document 105 Filed 06/06/12 Page 1 of 119 Pageid #: 448
3 ____________________________________________________________
8 ____________________________________________________________
9
TRANSCRIPT OF PROCEEDINGS
10
11 ____________________________________________________________
15 ____________________________________________________________
16 APPEARANCES:
21 ____________________________________________________________
22
REPORTED BY: BEVERLY E. "BECKY" COLE, RPR
23 OFFICIAL COURT REPORTER
A-837 U.S. COURTHOUSE
24 NASHVILLE, TN 37203
(615) 726-4893
25 [email protected]
Case 3:10-cr-00250 Document 105 Filed 06/06/12 Page 1 of 119 PageID #: 448
2
1 INDEX
8 MATTHEW DEHART:
11
12 BRETT KNISS:
16
17 JEAN
21
22 EXHIBITS
23 Defendant's Exhibit 1 8
24 Defendant's Exhibit 2 13
25 Defendant's Exhibit 3 49
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3
3 and Lynne Ingram for the government; Mark Scruggs for the
9 2010.
11 Maine for the other hearing that was held back in August of
12 2010.
17 witnesses?
24 and the fact that he's more than willing to provide whatever
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5
3 A Sure, sure.
6 A Okay.
10 one, and this may be repetitive as far as the last time you
11 were here --
12 A Sure.
14 provide a residence for your son and assure the Court that
16 with?
18 that Matt was arrested in. I have sold that, used that
21 less than a mile, and so the venue has changed. And we're
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7
6 done.
10 Mr. Scruggs?
16 BY MR. SCRUGGS:
18 A Yes.
23 A Yes, yes.
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8
2 1?
6 evidence.)
7 (Pause.)
12 BY MR. SCRUGGS:
20 his time.
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9
3 own --
4 A Yes.
6 A Yes.
8 correct?
9 A Yes, sir.
15 psychiatrist.
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10
2 him.
15 what it was, but he was clearly not -- when I spoke with him
17 kinds of things.
25 gets outside.
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11
3 that's confined.
7 like that because of the constant noise and lights, and all
12 met?
13 A Yes.
16 with you?
19 A Yes.
21 A Yes.
23 Is that right?
24 A Yes, yes.
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12
4 A Sure.
7 A Yes.
16 about Mexico and the embassy and the Canada thing as well?
23 several reasons.
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9 BY MR. SCRUGGS:
10 Q Is that correct?
22 please.
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14
1 evidence.)
9 copy.
11 government's.
15 short recess and read it, and we'll come back in, in ten
16 minutes or so.
18 (Break.)
21 Honor?
23 (Pause.)
24 CROSS-EXAMINATION
25 BY MS. INGRAM:
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15
3 to the Court.
5 A Yes.
14 A Yes, we do.
20 BY MS. INGRAM:
22 incarceration?
23 A Yes, he was.
25 taking his medication that you and your wife were excited
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16
12 custody?
14 District of Tennessee.
20 and doctors and school officials and dealing with ADHD and
24 A No, I do not.
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17
12 contacts in Mexico.
17 A Yes, we were.
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18
2 transcript.
6 I don't remember.
10 right?
11 A Yes.
14 Canada?
15 A Yes, yes.
17 put in your notes that Matt could not remember his address,
18 but that's not true because he lied about his address, isn't
19 that right?
23 law enforcement?
25 copy of the report from the FBI agents who interrogated Matt
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19
2 County Jail.
3 Q Are you now aware that the defendant told them that he
21 Q Okay.
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20
3 A Matthew.
8 A No.
16 A Yes.
18 A No, I do not.
19 Q You mention in here that you don't think that Matt has
22 A Right.
25 A Yes.
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21
8 (Pause.)
10 just going through this and making sure I'm not missing
11 anything.
13 BY MS. INGRAM:
15 mentioned --
16 A Yes.
18 A Yes, yes.
20 housed?
23 referring to?
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22
1 have seen.
3 pictures?
5 specific --
14 that's why you mention that in here? You were going through
15 the defendant's community ties now, is that why you put that
16 in here?
23 compliance with not leaving the area and attending all the
24 court-required appointments.
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23
1 wife, right?
2 A Correct.
4 discussed?
5 A Correct.
7 A Yes.
15 long.
22 A Yes, yes.
24 A I did.
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24
1 A Yes, I did.
6 class.
11 he's facing?
16 had done anything wrong and this would all just go away; do
21 A Yes.
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25
1 condition, right?
9 Are you aware that the discovery process began a very long
11 A Yes, I am.
18 statement, do you?
23 A Yes.
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26
13 conclusion.
19 work?
22 A Yes.
24 A Yes.
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7 A No.
10 while you and your wife were at work during those days for a
18 ma'am.
19 BY MS. INGRAM:
23 A Yes.
25 A A couple of times.
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13 A No.
21 you?
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3 Honor?
5 (Pause.)
6 BY MS. INGRAM:
8 jury?
11 A Yes.
15 I'm not sure I'm allowed to talk about what went on there.
17 In a secure facility.
20 national security issues. I'm asking about his son and his
21 attempt to defect.
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1 could ask him a question -- you could ask him that question
3 jury, I suppose.
5 BY MS. INGRAM:
7 trying to defect?
12 successful at that?
25 afraid of.
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31
2 came up?
5 BY MS. INGRAM:
14 right?
16 concerned.
20 A Yes.
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7 Honor.
10 I just want to make sure they have got the same thing I have
11 got.
13 this point?
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2 REDIRECT EXAMINATION
3 BY MR. SCRUGGS:
5 A Yes.
11 A Yes, he was.
15 Q -- investigation, correct?
18 quote, investigation?
24 that again.
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3 BY MR. SCRUGGS:
6 A Yes.
11 the reasoning.
14 A That's correct.
16 A It is, yes.
23 saying.
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35
1 BY MR. SCRUGGS:
3 A Yes.
6 the fact that there has not been any type of prosecution
8 A Yes.
11 A Yes, yes.
13 A Yes, yes.
15 correct?
16 A Yes.
19 defense?
22 said, so --
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1 understanding was.
3 BY MR. SCRUGGS:
13 stop was for national security issues, not for some type
18 correct?
23 correct?
24 A Yes, we do.
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37
3 records?
5 only copy.
9 right. Let's run another copy of those. You may step down.
18 client.
21 MATTHEW DEHART,
24 DIRECT EXAMINATION
25
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38
1 BY MR. SCRUGGS:
8 together?
9 A Yes.
11 A Yes, I do.
14 conditions?
15 A Absolutely.
18 A Yes.
21 A Yeah, my parents.
22 Q -- and mom. Can you assure this court that you are
23 going to appear every time the Court has you slated for an
24 appearance?
25 A Yes, I can.
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39
2 this is an issue that you have not been able to address thus
3 far.
4 A Yes.
8 A Yes.
10 correct?
11 A Uh-huh.
19 pornography --
20 A Yes.
25 those allegations?
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3 your information that's been taken from you, that you will
5 A I do.
7 off, correct?
12 BY MR. SCRUGGS:
14 now?
24 BY MR. SCRUGGS:
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4 Q Yeah, sure.
10 people and their information they had. I didn't see any way
19 Anonymous?
21 known as Anti-Sect.
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2 BY MR. SCRUGGS:
4 go to Canada?
9 why is that?
13 time, correct?
14 A Yes, I was.
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5 left arm.
16 says I was.
19 was Thorazine.
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16 doing.
20 the FBI that flew up from D.C. I don't recall much about
21 that either.
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10 correct?
14 A Yes.
16 the reports that have been provided recently from the law
18 A Yes.
21 so forth?
22 A Yes.
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3 miscellaneous things.
9 A Absolutely.
11 A Yes.
20 sort.
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47
2 doing that for three or four weeks, and then randomly they
7 isolation.
11 defense?
25 medication.
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3 document --
4 A Absolutely.
6 A Yes, sir.
8 someplace anymore?
15 exhibit?
22 haven't seen.
25 MS. INGRAM: He --
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9 Exhibit 3. Go ahead.
11 evidence.)
12 CROSS-EXAMINATION
13 BY MS. INGRAM:
15 executed, you were aware that the information that you are
18 A Yes.
20 A I did.
24 Q But you were aware that you were lying and making
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3 A No.
6 A Yes, I do.
15 detention.
20 BY MS. INGRAM:
23 A No, I do not.
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5 A Not necessarily.
10 to law enforcement?
11 A At the border.
14 Q Okay.
18 A Yes.
21 A I do.
24 Q -- interviews?
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2 remember.
4 but you don't remember what they were, is that what you're
5 testifying to?
6 A This is true.
8 you?
15 Is that correct?
18 A Yes, ma'am.
21 A Yes, ma'am.
22 Q What is it?
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1 A Yes.
5 Q And you are telling the Court that you, in fact, got
10 expertise.
13 discharged?
15 Q Why did you flee to Mexico after the -- the day after
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3 microwave?
4 A I do.
9 A I did.
12 course.
18 A Yes.
21 A On IRC, yes.
22 Q Where is that?
24 it.
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3 talking about it, but no one ever felt the need to put it in
4 paper?
11 concerned about?
12 A No, I do not.
14 Exhibit 2?
17 yesterday.
18 (Counsel confer.)
23 BY MS. INGRAM:
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2 A Okay.
10 A Yes.
13 (Pause.)
14 A I have.
16 mentioned, right?
17 A Yes.
19 true?
20 A Yes, it does.
23 Q Have you been made aware that Jacob Diel has offered
25 A No.
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6 true?
12 on-campus housing?
18 A I don't --
24 (Pause.)
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4 because you were afraid they would come back and get
8 about.
16 of your house?
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1 last --
3 the thumb drives he took to Mexico were about his group, not
8 witnesses?
10 like us to proceed?
13 Kniss.
15 BRETT KNISS,
18 DIRECT EXAMINATION
19 BY MS. INGRAM:
21 A Brett Kniss.
24 Q In what capacity?
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1 Task Force.
3 A Five years.
6 A Yes, I did.
17 they had found that their son had been sending this Matthew
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6 to Matthew DeHart.
8 A I believe so.
10 call?
12 Matthew why he was contacting her son and the other victim,
14 Franklin, Tennessee to meet with both her son and the other
17 them anymore.
19 call?
22 A Yes, he did.
25 A Yes, I was.
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6 caller ID which stated it was a law firm from New York City.
9 at this time I was able to record the phone call that the
23 victim's son.
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2 victim.
3 BY MS. INGRAM:
5 spoofing numbers?
6 A For the first phone call he did from the -- which made
12 account?
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3 A That is correct.
10 harassing manner.
19 A Yes, I did.
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12 A Yes, it did.
19 picked up one of the victims and drove him around the city
22 A Yes, both.
25 him.
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1 earlier --
2 A Yes.
5 did he?
6 A It was implied.
12 REDIRECT EXAMINATION
13 BY MS. INGRAM:
18 Q The --
20 talking about?
22 BY MS. INGRAM:
24 what you just mentioned, that another Heather was also used
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4 reports?
5 A No.
7 Government's Exhibit 2?
10 BY MS. INGRAM:
12 A Yes.
14 A Yes, I have.
19 this document.
25 question.
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4 A Speaking with him and asking him why he was, you know,
10 Q Did you ask him about the gifts that he was giving?
16 lived?
19 A Yes, I am.
20 Q Why?
23 different people.
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5 things happen to you in the recent past that you believe may
20 discovered, yes.
22 BY MS. INGRAM:
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78
8 you can't say one way or the other whether or not that was
10 A I'm sorry?
17 knew.
20 A No.
21 Q Okay. Now, do you know for a fact that your son has
23 A My son said that he did meet with him when he was 12,
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3 I'm sure the officers tried to get you to get him to talk
5 they?
6 A Actually, no, they did not. They did not really tell
7 me what to say.
14 call?
16 Q Okay.
20 Honor?
21 (Pause.)
22 REDIRECT EXAMINATION
23 BY MS. INGRAM:
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4 DiMarco.
7 looked at, can you be more specific about the nature of the
17 about that; well, who are you talking to, and we were very
18 concerned.
20 with your son, and you mentioned not in the phone calls, but
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1 We're in recess.
7 you, 2:00?
11 (Break.)
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84
6 discovery.
13 And it's taken a long time, and the Court really was not
15 case.
16 And when the Court was finally made aware of what went
24 available.
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85
10 that.
19 what all is going on, what has to be done. They have met.
23 drives.
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5 that we have shown that, you know, Mr. DeHart did some
6 stupid things after the January 25, 2010 search warrant was
8 stuff like that, but I think that a lot has happened since
9 then.
23 show up for court now because we can defend this case, and
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3 looking at.
15 reasons.
22 calling.
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88
2 Your Honor heard a little bit more about that today and how
5 And not only did he flee the day after the search
7 thumb drives that he had on him and left the country. When
24 The Court has been made aware of several lies that the
25 defendant has told. And today when he took the stand, some
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20 around; not only that, but take one of the minors shooting.
25 psychosis.
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14 investigation.
17 organization.
19 investigation.
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1 that set him up in school, they are the ones that paid for
2 it in Canada. They are the ones that have been helping him.
17 boys.
22 is sufficient enough.
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92
1 like a good idea, but what about when the defendant's father
2 is unavailable.
7 concerns and risks that the United States has and believes
22 back to get his student visa and was arrested. This was
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2 And since that time, the Court has learned a whole lot
3 more background about why the defendant did what he did, why
6 did it.
17 time.
25 offenses.
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94
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1 further down the road than we were when he was getting his
13 ones by now.
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8 the community.
14 and for all these reasons I think that the conditions that
18 those.
20 conditions are -- I'm not going to read them word for word,
21 but the probation office will be going over these with Mr.
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14 want him to; come in and take a polygraph, he's got to go.
17 Honor.
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11 you can bet your bottom dollar that the government is going
14 brought to my attention.
18 today.
22 a problem --
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100
2 think.
4 government?
8 suppression --
15 is jammed.
19 December 4.
23 court.
25 time here?
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101
8 because one day just with my expert and any other possible
11 take the whole day. That would surprise me. Well, we'll
14 the calendar and talking, the better date for the government
21 to trial?
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102
5 of you?
7 Your Honor.
11 week before, and I know that Ms. Ingram has family that
23 Your Honor.
25 December 4.
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1 Mr. DeHart, you know that you have speedy trial rights
17 we'll figure out when the government will respond and when
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1 available or not.
10 report.
16 anything?
23 Detective?
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11 hard drive.
14 times in games.
24 quicker?
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2 take it out, we have two hard drives, you can't examine one
19 that paragraph?
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2 by June 22nd. And how long does the government want for a
3 response?
16 the government.
22 resolved?
25 the hard drives media or just the ones that don't have
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108
2 made.
10 one day, set up a meeting for another time, and then just
15 appointment?
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109
1 that.
4 allowing him to copy off all because Mr. Kambani showed him
5 his procedure for deleting all the CP images from the mirror
9 Daughtrey's decision.
14 you all to figure this out. Yes, Your Honor. I will tell
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110
6 to the Court?
21 could make sure that none of this ever left his office and
23 whatever.
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2 heard --
4 (Pause.)
13 at his place.
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6 or FTK, but it's not something that -- you know, these are
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113
3 give us one more hearing so that the Court could simply rule
9 that.
15 U.S.C. 3509(m).
22 Kniss did not see the process. Agent Kniss heard about the
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114
3 possession.
7 stuff over to it except for the one that Ms. Hodde provided,
17 would rather go ahead and provide them with the hard drives,
24 whenever?
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115
6 show who it is. April 20? Ms. Cole, you have your marching
10 transcript, yes.
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12 know.
15 absolutely.
17 so --
21 background?
24 government?
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6 all the items from Maine are on the way, is that correct,
7 from Washington?
24 too long.
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2 release.
8 can have him change over into street clothes and then come
12
13
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Case 3:10-cr-00250 Document 105 Filed 06/06/12 Page 118 of 119 PageID #: 565
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1 REPORTER'S CERTIFICATE
4 Reporter for the United States District Court for the Middle
6 certify:
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20 /s/
BEVERLY E. COLE, RPR
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Case 3:10-cr-00250 Document 105 Filed 06/06/12 Page 119 of 119 PageID #: 566