ST Trial Day 13

1 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 99-491-CR

UNITED STATES OF AMERICA, )

4 )

Plaintiff, )

5 )

vs. )

6 )

SABRETECH, INC., )

7 )

Defendant. )

8 _____________________________)

10 Miami, Florida

11 December 6, 1999

12 1:30 o'clock P.M.

APPEARANCES:

OFFICE OF THE UNITED STATES ATTORNEY

15 BY: CAROLINE HECK-MILLER, ESQUIRE,

BY: GEOFFREY BRIGHAM, ESQUIRE,

16 Appearing on behalf of the United States.

17 MARTIN RASKIN, ESQUIRE,

JANE RASKIN, ESQUIRE,

18 NORMAN MOSCOWITZ, ESQUIRE,

Appearing on behalf of SabreTech, Inc.

ROBERT DUNLAP, ESQUIRE,

20 Appearing on behalf of Daniel Gonzalez.

21 JANE MOSCOWITZ, ESQUIRE,

Appearing on behalf of Eugene Florence.

__________________________________

The above-entitled cause came on for Jury Trial

24 before the HON. JAMES LAWRENCE KING, at the James Lawrence King

Federal Justice Building, Miami, Florida, on the 6th day of

25 December, 1999.

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 THEREUPON, the following proceedings were had:

2 THE COURT: The jury sent a note out approximately 15

3 minutes ago: Dear Judge King, we've reached a unanimous

4 verdict. Thank you. Dorothy Alexander.

5 If all parties are present, they seem to be, we will

6 bring the jury.

7 Bring the jury.

8 (Thereupon, the jury entered the room after which the

9 following proceedings were had:)

10 THE COURT: Thank you. Be seated, please.

11 Marshal, would you hand me the verdict. Thank you.

12 All right. The courtroom deputy is now going to read

13 the verdict aloud. As we have indicated to all of you

14 throughout this trial, we do not expect there to be any

15 demonstrations of any sort of any kind while the verdict is

16 being read.

17 At the conclusion of that, the courtroom deputy will

18 ask each one of you if the verdict just read is your decision

19 and your verdict and you say yes or no.

20 All right. Here's the verdict. Read the verdict.

21 THE CLERK: United States District Court, Southern

22 District of Florida, case number 99-491-CRIMINAL-KING, United

23 States of America versus SabreTech, Inc., et al, verdict:

24 With respect to the following counts, we, the jury

25 find as to Count I: SabreTech not guilty; Daniel Gonzales not

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 guilty; Eugene Florence not guilty.

2 As to Count II: Daniel Gonzalez, not guilty.

3 Count III: SabreTech not guilty.

4 Count IV: SabreTech, not guilty.

5 Count V: SabreTech, not guilty; Eugene Florence, not

6 guilty.

7 As to Count VI: SabreTech, not guilty; Eugene

8 Florence, not guilty.

9 Count VII: SabreTech, not guilty.

10 Count VIII -- Should I just read Part A and B or do

11 you want me to read the whole thing?

12 THE COURT: Better read all of it straight through,

13 both the introductory paragraph and counts I and II.

14 THE CLERK: With regard to Count VIII, and the

15 hazardous material regulation alleged therein, do you find

16 unanimously and beyond a reasonable that the defendant

17 SabreTech, Inc.:

18 A.(1) willfully delivered or caused to be delivered

19 property containing hazardous material to an air carrier or to

20 an operator of a civil aircraft for transportation in air

21 commerce, and (2) that such action was in violation of the

22 referenced regulation, no.

23 Part B.(1) recklessly caused the transportation in

24 air commerce of property containing hazardous material, and (2)

25 that such an action was in violation of the referenced

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 regulation, yes.

2 Count IX: SabreTech, Inc., not guilty.

3 Count X: With regard to Count X, and the hazardous

4 material regulation alleged therein, do you find unanimously

5 and beyond a reasonable doubt that the defendant SabreTech,

6 Inc.:

7 A.(1) willfully delivered or caused to be delivered

8 property containing hazardous material to an air carrier or to

9 an operator of a civil aircraft for transportation in air

10 commerce, and (2) that such action was in violation of the

11 referenced regulation, no.

12 B.(1) recklessly caused the transportation in air

13 commerce of property containing hazardous material, and (2)

14 that such action was in violation of the referenced regulation,

15 yes.

16 Count IX: SabreTech Inc., not guilty. I'm sorry,

17 Count XI was SabreTech Inc., not guilty.

18 Count XII: With regard to Count XII, and the

19 hazardous material regulation alleged therein, do you find

20 unanimously and beyond a reasonable doubt that the defendant

21 SabreTech, Inc.:

22 A.(1) willfully delivered or caused to be delivered

23 property containing hazardous material to an air carrier or to

24 an operator of a civil aircraft for transportation in air

25 commerce, and (2) that such action was in violation of the

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 referenced regulation, no.

2 B.(1) recklessly caused the transportation in air

3 commerce of property containing hazardous material, and (2)

4 that such action was in violation of the referenced regulation,

5 yes.

6 Count XIII: As to SabreTech Inc., not guilty.

7 Count XIV: With regard to Count XIV, and the

8 hazardous material regulation alleged therein, do you find

9 unanimously and beyond a reasonable doubt that the defendant

10 SabreTech, Inc.:

11 A.(1) willfully delivered or caused to be delivered

12 property containing hazardous material to an air carrier or to

13 an operator of a civil aircraft for transportation in air

14 commerce, and (2) that such action was in violation of the

15 referenced regulation, no.

16 B.(1) recklessly caused the transportation in air

17 commerce of property containing hazardous material, and (2)

18 that such action was in violation of the referenced regulation,

19 yes.

20 Count XV: As to SabreTech Inc., not guilty.

21 Count XVI: With regard to Count XVI, and the

22 hazardous material regulation alleged therein, do you find

23 unanimously and beyond a reasonable doubt that the defendant

24 SabreTech, Inc.:

25 A.(1) willfully delivered or caused to be delivered

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 property containing hazardous material to an air carrier or to

2 an operator of a civil aircraft for transportation in air

3 commerce, and (2) that such action was in violation of the

4 referenced regulation, no.

5 B.(1) recklessly caused the transportation in air

6 commerce property containing hazardous material, and (2) that

7 such action was in violation of the referenced regulation, yes.

8 Count XVII: As to SabreTech Inc., not guilty.

9 Count XVIII: With regard to Count XVIII, and the

10 hazardous material regulation alleged therein, do you find

11 unanimously and beyond a reasonable doubt that the defendant

12 SabreTech, Inc.:

13 A.(1) willfully delivered or caused to be delivered

14 property containing hazardous material to an air carrier or to

15 an operator of a civil aircraft for transportation in air

16 commerce, and (2) that such action was in violation of the

17 referenced regulation, no.

18 B.(1) recklessly caused the transportation in air

19 commerce of property containing hazardous material, and (2)

20 that such action was in violation of the referenced regulation,

21 yes.

22 Count XIX: As to SabreTech Inc., not guilty.

23 Count XX: With regard to Count XX, and the hazardous

24 material allegation alleged therein, do you find unanimously

25 and beyond a reasonable doubt that the defendant SabreTech,

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 Inc.:

2 A.(1) willfully delivered or caused to be delivered

3 property containing hazardous material to an air carrier or to

4 an operator of a civil aircraft for transportation in air

5 commerce, and (2) that such action was in violation of the

6 referenced regulation, no.

7 B.(1) recklessly caused the transportation in air

8 commerce of property containing hazardous material, and (2)

9 that such action was in violation of the referenced regulation,

10 yes.

11 Count XXI: SabreTech Inc., not guilty.

12 Count XXII: With regard to Count XXII, and the

13 hazardous material regulation alleged therein, do you find

14 unanimously and beyond a reasonable doubt that the defendant

15 SabreTech, Inc.:

16 A.(1) willfully delivered or caused to be delivered

17 property containing hazardous material to an air carrier or to

18 an operator of a civil aircraft for transportation in air

19 commerce, and (2) that such action was in violation of the

20 reference regulation, no.

21 B.(1) recklessly caused the transportation in air

22 commerce of property containing hazardous material, and (2)

23 that such action was in violation of the referenced regulation,

24 yes.

25 Count XXIII: SabreTech, Inc., not guilty.

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 Count XXIV: SabreTech Inc., not guilty.

2 So say we all, signed by the foreperson, Dorothy

3 Alexander, the 6th day of December, 1999.

4 THE COURT: Now then, of course -- well, first of all,

5 I presume you wish the jury poled.

6 MS. HECK-MILLER: Yes.

7 THE COURT: Beg your pardon?

8 MS. HECK-MILLER: For the Government, Your Honor,

9 yes.

10 THE CLERK: Please answer yes or no.

11 Melvin Hardy were the verdicts just read your

12 verdict?

13 MR. HARDY: Yes.

14 THE CLERK: Bonnie Hepburn, were the verdicts just

15 read your verdicts?

16 MS. HEPBURN: Yes.

17 THE CLERK: Melba Campbell, were the verdicts just

18 read your verdicts?

19 MS. CAMPBELL: Yes.

20 THE CLERK: Andrea Clayton, were the verdicts just

21 read your verdicts?

22 MS. CLAYTON: Yes.

23 THE CLERK: Cynthia Battle, were the verdicts just

24 read your verdict?

25 MS. BATTLE: Yes.

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 THE CLERK: Antonio Antelo, were the verdicts just

2 read your verdicts?

3 MR. ANTELO: Yes.

4 THE CLERK: Jesse Cephus, were the verdicts just read

5 your verdicts?

6 MR. CEPHUS: Yes.

7 THE CLERK: Jinnie Cooper, were the verdicts just read

8 your verdicts?

9 MS. COOPER: Yes.

10 THE CLERK: Jannette Gonzalez, were the verdicts just

11 read your verdicts?

12 MS. GONZALEZ: Yes.

13 THE CLERK: Hattie Hayden, were the verdicts just read

14 your verdicts?

15 MS. HAYDEN: Yes.

16 THE CLERK: Dorothy Alexander, were the verdicts just

17 read your verdicts?

18 THE CLERK: Maria Arap, were the verdicts just read

19 your verdicts?

20 MS. ARAP: Yes.

21 THE COURT: All right. File the verdicts. We will,

22 of course, by separate judgment deal with those counts wherein

23 the jury has found the defendant, SabreTech, to have recklessly

24 dealt with the hazardous material. I will enter that by

25 separate judgment.

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 It's my understanding that pursuant to our

2 discussions at the time we were dealing with the charge

3 conference it was determined that if the jury came back with a

4 verdict that this was recklessly done, that that resulted in a

5 guilty verdict as to those counts. Am I correct in my memory?

6 I was looking?

7 MR. MOSCOWITZ: That's correct, Your Honor.

8 MS. HECK-MILLER: Yes, sir.

9 THE COURT: All right. Then the verdict with respect

10 to Count XIII regarding the transportation of hazardous

11 materials by the defendant SabreTech, the jury having found

12 that that was recklessly done, the Court so finds a guilty

13 verdict with respect to Count XIII.

14 With respect to Count X the Court enters a guilty

15 verdict for the reason that the jury has found the reckless

16 transportation of hazardous materials in violation of the law.

17 The same judgment is entered with respect to Count

18 XII, Count XIV, Count XVI, Count XVIII, the totality of this

19 would indicate then that in counts -- well, the jury does

20 adjudicate with respect to Count I all three defendants not

21 guilty.

22 With respect to Count II in which the defendant

23 Daniel Gonzalez was charged, the verdict is not guilty. The

24 Court adjudicates Daniel Gonzalez not guilty on Count II.

25 Count III, Count IV, Count V and Count VI SabreTech

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 is determined to be not guilty. The Court adjudicates them not

2 guilty.

3 As to count III, count IV, the Court adjudicates the

4 defendant SabreTech not guilty.

5 Count V, the Court adjudicates SabreTech and Eugene

6 Florence not guilty.

7 Count VI, the Court adjudicates SabreTech and Eugene

8 Florence not guilty.

9 Count VII, the Court adjudicates SabreTech not

10 guilty.

11 Count VIII, the Court adjudicates SabreTech not

12 guilty.

13 Count IX, the Court adjudicates SabreTech not guilty.

14 Count X, the Court adjudicates SabreTech guilty.

15 Count XI, the Court adjudicates SabreTech not guilty.

16 Count XII, the Court adjudicates SabreTech guilty.

17 Count XIII, the Court adjudicates SabreTech not

18 guilty.

19 Count XIV, the Court adjudicates SabreTech guilty.

20 Count XV, the Court adjudicates SabreTech not guilty.

21 Count XVI, the Court adjudicates SabreTech guilty.

22 Count XVII, the Court adjudicates SabreTech not

23 guilty.

24 Count XVIII, the Court adjudicates SabreTech guilty.

25 Count XIX, the Court adjudicates SabreTech not

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 guilty.

2 Count XX, the Court adjudicates SabreTech guilty.

3 Count XXI, the Court adjudicates SabreTech not

4 guilty.

5 Count XXII, the Court adjudicates SabreTech guilty.

6 Count XXIII, the Court adjudicates SabreTech guilty.

7 And Count XXIV, the Court adjudicates SabreTech not

8 guilty.

9 All right. Ladies and gentlemen of the jury, we wish

10 to express our profound appreciation for your careful attention

11 to the case and your careful consideration of your verdict.

12 Miss Kramerman has a little packet for each of you

13 individually addressed with a letter of appreciation from me

14 and a little certificate indicating your service, the date of

15 the case and our thanks and appreciations.

16 Also included therein are those newspaper clippings

17 that came to my staff's attention during the trial of the case

18 and my secretary and Miss Kramerman clipped those out, and in

19 probable violation of the copywright laws, made a Xerox copy

20 for each of you. I neglected to call Mr. Imbrigon (phonetic)

21 or whoever wrote it to get permission, but I guess you won't

22 mind or they won't mind.

23 In any event, you have copy of whatever my staff saw

24 and each of you have a little packet which you can read when

25 you go home tonight.

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 And with that we're going to ask the marshal to

2 escort you out without any interference from anybody. I don't

3 want anybody bothering the jury. So let's take them out, make

4 sure that they get off. I don't want anyone accosting them,

5 asking them questions or anything else. I'm not suggesting

6 anyone would, but I don't want that to happen.

7 My recommendation to you folks is that you have no

8 conversations with anybody from the news media or anyone else

9 outside or even the lawyers or anyone about your verdict.

10 Your verdict, as I told you, is secret. You don't

11 have to explain it to anyone. Unless you tell someone about

12 it, it will remain that way just between the twelve of you. I

13 recommend that you leave it that way.

14 But you are free American citizens and, of course,

15 you have the right to speak to who you wish or do whatever you

16 want to do. I'm not ordering you not to, but I'm recommending

17 as friendly as I can that you not have conversations about it.

18 Other than that, we probably will see you, God willing, in

19 about three years.

20 Marshal, you got some help to get these folks out?

21 THE MARSHAL: Will do, Your Honor.

22 THE COURT: Leave all the exhibits in the jury room.

23 All right. Miss Kramerman will pass out those little

24 packets.

25 Now with respect to the lawyers, we had a great

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 number of exhibits here that you all have introduced into

2 evidence. Some of them are quite large and difficult for our

3 clerk's office to maintain or keep in file drawers, that sort

4 of thing.

5 It is our customary practice to ask if there's any

6 objection to returning the exhibits, those introduced, to the

7 party that offered it. That is to say the Government gets what

8 they offered, each defendant gets those that they offered for

9 safekeeping against the eventuality of any appeal that anyone

10 may wish to take from this decision.

11 What we will do obviously is before you all leave

12 here today, sort out which one goes to which one. You may need

13 to send some folks back to pick up these exhibits or whatever,

14 but at least everyone will know what they get.

15 Is there any objection to following that?

16 By the way, everybody signs a receipt for it. The

17 clerk keeps a copy of the receipt so we know where the exhibits

18 are if they're needed for any appeals.

19 Ms. Miller, do you have any difficultu with that?

20 MS. HECK-MILLER: No, Judge, that sounds fine.

21 THE COURT: Mr. Raskin?

22 MR. RASKIN: We have no objection, Judge.

23 THE COURT: Mr. Dunlap?

24 MR. DUNLAP: No objection.

25 THE COURT: Ms. Moscowitz?

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 MS. MOSCOWITZ: No, sir.

2 THE COURT: That leaves only the matter I've taken

3 under advisement, Mr. Gonzalez'. Your motion, Mr. Dunlap, with

4 respect to Count II, was it?

5 MR. DUNLAP: Yes, Your Honor.

6 THE COURT: Well, since the jury fortunately took care

7 of the problem, I guess it becomes moot.

8 All right. Then other than that, as soon as the

9 jurors are gone and Ms. Kramerman returns and the marshal

10 returns, we'll get the marshal to bring the exhibits into the

11 courtroom. You all work it out and stack them or whatever you

12 wish to do. Then we'll have to have a receipt. I'll ask you

13 to work with Ms. Kramerman on that.

14 Thank you.

15 MR. RASKIN: Thank you.

16 MS. MOSCOWITZ: Your Honor, thank you very much.

17 (Thereupon, the hearing was concluded.)

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

1 COURT CERTIFICATE

2 COUNTY OF MIAMI

3 STATE OF FLORIDA

4 I, BETH K. TAFURI, Certified Shorthand Reporter, was

5 authorized to and did stenographically transcribe the foregoing

6 proceedings, and certify that the transcript is a true and

7 correct copy.

8 Dated this 8th day of December, 1999.

10 _________________________________

Beth K. Tafuri

OFFICIAL REPORTING SERVICE, INC. (954) 467-8204

Enter content here