Buczek 20100305 Transcript 4 - 121
Buczek 20100305 Transcript 4 - 121
Buczek 20100305 Transcript 4 - 121
IV
-vs- 09-CR-121S
SHANE BUCZEK,
Defendant.
-------------------------------------
APPEARANCES:
SHANE BUCZEK,
Appearing Pro Se.
BRIAN COMERFORD,
Assistant Federal Public Defender,
Appearing as Standby Counsel for Defendant.
1 I N D E X
2 WITNESS PAGE
4 AMANDA L. BUCZEK
Direct Examination by Mr. Buczek 420
5 Cross-Examination by Ms. Baumgarten 425
6 ADAM J. BUCZEK
Direct Examination by Mr. Buczek 432
7 Cross-Examination by Ms. Baumgarten 433
8 KENNETH WEITZEL
Direct Examination by Mr. Buczek 437
9 Cross-Examinatino by Ms. Baumgarten 442
11 SUMMATIONS
Ms. Baumgarten 468
12 Mr. Buczek 475
15
16
17
18
19
20
21
22
23
24
25
336
12 Nycel --
4 sorts of things.
15 know it to be?
18 Mr. Buczek?
21 this.
25 happened when?
338
12 Miss Baumgarten.
13 I'll tell you what I did, and then I'd like the
22 the newspaper.
17 to talk about.
3 Judge Pietruszka.
5 article.
19 Philadelphia --
13 that conversation --
8 case-related work.
12 called?
18 Miss Steinbruckner?
21 completed.
2 camera?
8 do it in that fashion.
20 first. And then I will voir dire the full jury and
7 around though.
15 publish articles.
21 it --
24 Mr. Nycel?
4 please.
7 correct?
13 right?
17 your files.
22 A JUROR: Good.
2 (Oath administered.)
8 A JUROR: Yes.
13 case, correct?
14 A JUROR: Correct.
23 A JUROR: Yes.
6 A JUROR: Yes.
21 that correct?
24 Carol Steinbruckner?
5 A JUROR: Yes.
11 A JUROR: Correct.
23 mind, is that --
1 this, right?
7 possible, right?
8 A JUROR: Correct.
14 A JUROR: Yes.
16 A JUROR: Yes.
21 A JUROR: Yes.
25 A JUROR: Correct.
355
4 A JUROR: Yes.
14 A JUROR: Correct.
1 understand that?
2 A JUROR: Yes.
12 newspaper?
23 A JUROR: No.
4 trial?
21 A JUROR: No.
2 of the case?
3 A JUROR: No.
8 A JUROR: Yes.
11 anyone?
13 on jury duty.
25 Mr. Nycel?
359
2 give or take.
7 discuss anything.
15 A JUROR: Yes.
23 mean, how did you learn that your mother was going
24 to call Carol?
12 Carol?
13 A JUROR: Yes.
22 Carol?
1 A JUROR: No.
5 defender's office?
9 9:00 o'clock last night, your mom then gave you the
11 that correct?
12 A JUROR: Right.
17 a juror or not.
7 A JUROR: Yes.
9 attorneys involved?
10 A JUROR: Yes.
12 Mr. Buczek?
17 A JUROR: No.
20 A JUROR: No.
22 A JUROR: No.
25 Mr. Buczek?
363
1 A JUROR: No.
3 experiences that she may have had when she was with
5 Mr. Buczek?
8 point.
18 all?
22 anybody?
25 in that conversation?
364
1 A JUROR: No.
14 A JUROR: Correct.
23 A JUROR: No.
18 defendant?
19 A JUROR: No.
21 A JUROR: No.
24 A JUROR: Yes.
3 A JUROR: No.
6 se?
20 it, yes.
6 work.
14 A JUROR: Yes.
19 takes.
20 A JUROR: Yes.
4 right now?
16 A JUROR: No.
8 that.
21 responded no to.
25 asked.
370
2 comments --
16 that was --
3 courtroom?
11 her.
15 right now.
23 Please, Gerry.
5 Steinbruckner?
10 A JUROR: No.
13 telephonically?
14 A JUROR: Yes.
17 A JUROR: No.
20 A JUROR: No.
1 A JUROR: Yes.
4 A JUROR: Correct.
7 A JUROR: Yes.
10 A JUROR: No.
13 A JUROR: No.
17 of the conversations?
18 A JUROR: No.
10 than that?
19 some?
4 building?
9 downstairs?
25 not really that you can tell us about that you may
376
3 no.
6 A JUROR: No.
9 A JUROR: No.
11 A JUROR: No.
13 A JUROR: No.
15 those names?
16 A JUROR: No.
18 an idiot?
19 A JUROR: No.
21 A JUROR: No.
23 A JUROR: No.
18 licensed to do it does.
21 right?
22 A JUROR: Yes.
25 A JUROR: Yes.
378
7 coming to a verdict?
7 A JUROR: Okay.
15 Judge.
18 motion?
6 understand?
15 remove him.
25 singling out Mr. Nycel, does that work from for the
382
1 government's standpoint?
10 properly.
21 those.
11 (Jury seated.)
17 Good morning.
24 So, that was the reason why that article was taken.
16 undetected, please.
12 case.
23 together --
2 A JUROR: Good.
5 jury service.
6 A JUROR: Okay.
18 A JUROR: No.
9 service.
10 A JUROR: Okay.
12 the fact --
14 with?
24 mind?
8 Court.
7 that right.
12 your views?
15 that's all.
6 it again.
13 had no value.
16 803.
16 of.
19 of mind?
7 the stand.
20 important there.
5 be excluded.
20 name.
7 committed.
12 him for.
14 a good faith --
22 that time.
9 not admissible.
17 witness now, the one you don't know the name of?
19 with W.
1 him?
13 enough.
18 difference between --
1 excluding, Judge?
13 proceeding?
10 letter.
13 record.
15 sensitivity in this.
17 (Jury seated.)
4 facts, and I'm the judge that gives you the law.
15 correct?
19 ago--
1 consist of.
4 Judge.
16 don't know how many people have ever taken the job
16 a charge.
4 statement is concerned.
13 Objection sustained.
22 Mr. Buczek. You can ask the jury whatever you want
4 truth will bite you. But thank you for being here.
8 into evidence.
13 here.
20 understand?
2 B-U-C-Z-E-K.
7 A. Morning.
12 you here, and thank you so much for being here this
13 morning.
23 A. Years.
9 objection.
14 everything.
18 BY MR. BUCZEK:
22 money?
24 the dollar.
1 A. Yes.
7 don't answer.
9 BY MR. BUCZEK:
10 Q. Amanda --
11 A. Yes.
17 to?
6 BY MR. BUCZEK:
8 seminars?
16 your name.
18 that correct?
19 A. Correct. Yes.
24 audio?
25 A. Correct.
424
3 what did you think about the audio that you heard?
6 BY MR. BUCZEK:
9 A. Okay.
22 BY MR. BUCZEK:
25 A. Yes.
425
2 questions, Judge.
7 okay?
13 business?
19 that correct?
20 A. Correct, yes.
22 family business?
23 A. Buczek Enterprises.
1 A. We work with --
3 irrelevant.
5 objection overruled.
7 BY MS. BAUMGARTEN:
10 business, no.
13 correct?
18 the scope.
22 generates funds?
5 Judge.
7 BY MS. BAUMGARTEN:
11 A. No.
14 is that correct?
18 promissory note.
21 A. No.
1 the scope.
3 Overruled.
5 correct.
6 BY MS. BAUMGARTEN:
11 Judge.
12 BY MS. BAUMGARTEN:
15 is that correct?
16 A. Yes.
18 A. No.
20 false information?
21 A. No.
24 A. No.
25 Q. Does that --
429
2 a character witness.
5 objection overruled.
6 BY MS. BAUMGARTEN:
9 A. No.
12 account --
13 motion to strike.
20 you.
22 much.
18 you understand?
24 B-U-C-Z-E-K.
1 Shane Buczek.
6 down here.
14 hands.
19 BY MR. BUCZEK:
22 A. Yes.
24 you?
25 A. Every day.
433
1 Q. How long?
5 BY MR. BUCZEK:
8 today?
9 A. Yes.
17 A. Yes.
21 you.
25 correct?
434
1 A. No, ma'am.
4 A. No, ma'am.
6 A. That is correct.
7 Q. Okay.
8 A. Sorry.
18 is that correct?
19 A. That is correct.
21 false statements?
2 anything.
5 A. No, ma'am.
7 correct?
8 A. No.
11 A. Correct.
14 A. No.
17 A. Correct.
20 A. Correct.
22 Honor.
2 other questions?
4 go to work.
21 you coming.
7 community?
13 A. Yes.
14 (Indiscernible cross-talk.)
16 please.
17 BY MR. BUCZEK:
25 little bit.
439
3 money is?
8 note is?
11 BY MR. BUCZEK:
16 going on?
20 A. Often.
22 system?
13 BY MR. BUCZEK:
18 about?
5 educated?
9 Judge.
11 Court's time.
13 that question.
17 BY MR. BUCZEK:
18 Q. Yeah.
24 realize --
1 Move to strike.
9 A. Yes, I do.
14 Q. Actual currency?
17 A. My employer.
4 on that?
6 your Honor.
13 doesn't --
17 BY MS. BAUMGARTEN:
24 correct?
25 A. That is correct.
444
3 is that accurate?
9 A. Um-hum.
12 BY MS. BAUMGARTEN:
15 that correct?
4 please?
8 BY MS. BAUMGARTEN:
11 information to a bank?
9 that.
11 Honor.
17 show?
24 that is?
3 received.
8 notice?
12 know.
14 questions.
21 to introduce today?
13 date was.
18 family.
6 that?
15 ago.
22 being ready.
3 already.
6 it.
9 this point.
23 objection.
7 this afternoon, so --
10 you are.
13 typed up?
20 or tomorrow or Monday.
7 afield.
19 (Jury seated.)
5 please.
10 say I rest.
9 as well?
16 lunch or something.
18 lunch.
3 about?
9 to go through them.
3 it did.
6 as well.
9 be on page 27 I think.
20 that.
8 request.
7 jury, please?
11 talked --
19 fine.
22 (Jury seated.)
20 case.
19 as the law.
3 Okay.
5 argument, please.
7 the evidence the jury has heard over the last four
22 time unsuccessfully.
12 Administration.
19 holder.
14 Thank you.
17 please.
25 Federal Reserve.
478
10 debt.
23 nonsense today.
1 It's just a dog and pony show, like the Walt Disney
16 only ones, we the people are the only ones that can
18 out there.
21 case resolved.
5 doubt.
2 But the totality is the law, and not one part, not
7 jury room.
8 evidence.
25 couple of times.
484
12 impartiality.
5 such evidence.
4 verdict of guilty.
23 time and discuss with you the basis upon what your
23 entirely disregarded.
6 in the case.
19 this case, and the fact that one party may have
21 than the other, that should not and does not mean
2 credible or believable.
15 innocent.
1 reasonable doubt.
8 in this case.
19 convict.
20 instruction to you.
11 Insurance Corporation.
15 Insurance Corporation.
14 deception or swindle.
19 accomplished is immaterial.
14 mind.
7 doubt.
9 testimony or exhibits.
19 resolved.
2 this case.
11 evidence.
9 should be decided.
14 unanimous verdict.
19 there, okay.
22 anything?
9 statement maybe?
19 testified to --
19 think it is.
25 get to that.
521
23 excuse me.
11 appreciate --
13 swear --
16 (Oath administered.)
1 a while, okay?
2 A JUROR: Okay.
10 p.m.)
12 (Jury seated.)
14 A JUROR: Okay.
17 foreperson?
1 everybody?
4 anybody's standpoint?
10 okay.
3 (Jury seated.)
15 form?
23 at it.
17 gentlemen?
2 though please.
7 thank you.
10 please.
3 stipulation?
9 on this development.
14 second please?
20 here.
3 Judge.
11 anything, Judge.
24 Miss Baumgarten?
3 two?
7 A JUROR: Okay.
11 9:30.
13 at 9:30, Judge?
19 at.
3 you?
4 A JUROR: Good.
9 you are at, and I will notify you around 9:30 we're
17 A JUROR: Okay.
20 A JUROR: Okay.
1 on Monday morning.
12 able to do that.
14 TV show and the show goes off and I don't know what
15 happens after.
21 night.
24 Monday morning.
7 cross-examination.
10 short?
13 * * * * * *
14
15
16
17
18
19
20
21
22
23
24
25
1 CERTIFICATION
5 Recorded by me in this.
8 s/Michelle L. McLaughlin
Michelle L. McLaughlin, RPR
9 Official Reporter
U.S.D.C., W.D.N.Y.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25