THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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HONORABLE ROGER T. BENITEZ
UNITED STATES DISTRICT JUDGE PRESIDING
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_______________________________________________________
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DARLENE FITZGERALD-CATALAN )
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AND SANDRA G. NUNN,
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PLAINTIFFS,
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VS.
) NO. 01-CV-0470-BEN
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TOM RIDGE, SECRETARY OF THE )
UNITED STATES DEPARTMENT OF )
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HOMELAND SECURITY,
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DEFENDANT. )
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_______________________________________________________
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EXCERPT FROM PROCEEDINGS
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_______________________________________________________
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REPORTER'S TRANSCRIPT OF PROCEEDINGS
MARCH 2, 2005
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SAN DIEGO, CALIFORNIA
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GAYLE WAKEFIELD, RPR, CRR
OFFICIAL COURT REPORTER
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UNITED STATES COURTHOUSE
940 FRONT STREET, ROOM 4145
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SAN DIEGO, CALIFORNIA 92101-8900
PH: 619-239-0652
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FX: 619-239-0119
GAYLE5@SBCGLOBAL.NET
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APPEARANCES:
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FOR THE PLAINTIFF:
GASTONE BEBI
FITZGERALD
LAW OFFICES OF GASTONE BEBI
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8415 LA MESA BOULEVARD
SUITE 5A
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LA MESA, CA. 91941
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FOR THE PLAINTIFF:
JOHN P. STENNETT
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NUNN
STENNETT AND STENNETT
501 WEST BROADWAY
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SUITE 820
SAN DIEGO, CA. 92101
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FOR THE DEFENDANT:
TIMOTHY STUTLER
BETH A. CLUKEY
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U.S. ATTORNEY'S OFFICE
880 FRONT STREET, ROOM 6293
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SAN DIEGO, CA. 92101-8893
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MARCH 2, 2005
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MR. STUTLER: AT SOME POINT WE HAVE AN ISSUE
ABOUT A
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SUBPOENA -- I'VE MENTIONED THIS TO THE CLERK --
A SUBPOENA
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THAT WAS ISSUED TO SOMEONE OUTSIDE THE SUBPOENA
RANGE. WE
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WANTED TO MOVE TO QUASH THAT.
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THE COURT: DO YOU WANT TO ADDRESS IT NOW?
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MR. STUTLER: HIS NAME IS IRVIN RIOS. AS I
UNDERSTAND
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IT, HE WORKS -- LIVES IN RANCHO CUCAMONGA AND
WORKS IN
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ONTARIO. I BELIEVE THAT'S ABOUT 120 MILES, SO
IT'S BEYOND THE
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SUBPOENA POWER OF THE COURT. WE WOULD MOVE TO
QUASH THAT.
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THE COURT: IS MR. RIOS MOVING --
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MR. STUTLER: IRVIN RIOS.
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THE COURT: YOU'RE MOVING ON BEHALF MR. RIOS TO
QUASH
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THE WARRANT?
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MR. STUTLER: ON BEHALF OF THE GOVERNMENT. HE'S A
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GOVERNMENT EMPLOYEE. I UNDERSTAND THAT HE DOES
NOT WANT TO
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COME.
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MR. BEBI: WELL, YOUR HONOR, THERE'S A DIFFERENCE
OF
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OPINION AS TO WHAT HE WANTS TO DO. MR. RIOS HAS
CALLED US AND
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SAID THAT HE DOES WANT TO COME AND THAT HIS
LEAVE WAS APPROVED
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BY HIS SUPERVISOR AND BY THE PORT DIRECTOR BUT
THAT HE GOT A
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CALL FROM A MS. -- WHAT'S HER NAME?
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MS. FITZGERALD: MARY CUPP.
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MR. BEBI: THAT INDICATED THAT THE RITE RAIL
PROJECT
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WAS CONFIDENTIAL INFORMATION, THAT HIS
ADMINISTRATIVE LEAVE
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WOULD NOT BE APPROVED, AND HE COULD NOT TAKE
ANNUAL LEAVE, AND
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HE WOULD BE AWOL IF HE CAME DOWN HERE.
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THE COURT: THAT'S TROUBLING TO ME, IF THAT
REALLY IS
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WHAT'S GOING ON.
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MR. BEBI: AND, YOUR HONOR, HE IS REALLY
INTIMIDATED
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AND SAID THAT -- HE GAVE US A NUMBER AND HE SAID
HE WOULD LIKE
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TO NOT WORK THROUGH ME OR THROUGH MR. STUTLER
BUT TALK TO YOU
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DIRECTLY, IF YOU'RE SO INCLINED, AND HE'LL TELL
YOU EXACTLY
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WHAT HAPPENED.
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MR. STUTLER: I DON'T HAVE A PROBLEM WITH THAT. I
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DON'T KNOW WHAT -- I'VE HEARD DIFFERENT THINGS
SINCE MS. CUPP
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HAS SPOKEN TO HIM. IT'S NOT OUR INTENTION TO
INTIMIDATE OR
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KEEP HIM FROM COMING DOWN. IF HE DESIRES TO COME
DOWN, I'M
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NOT SURE WHAT THE LEAVE SITUATION IS OR HOW THAT
WORKS.
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MR. BEBI: LET ME JUST SAY ONE THING, YOUR HONOR.
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NOW, I'VE KNOWN MR. STUTLER FOR A FEW YEARS, I
DON'T MEAN --
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IF I IMPLIED IN ANY WAY THAT MR. STUTLER'S
BEHIND THIS, I --
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THE COURT: I DIDN'T TAKE IT THAT WAY, AND I'VE
KNOWN
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MR. STUTLER, AND I DON'T THINK THAT'S THE CASE
EITHER.
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SO GO AHEAD. SO THE QUESTION IS -- ALL RIGHT, SO
THE
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QUESTION IS THE SUBPOENA'S BEEN ISSUED, IT'S
TECHNICALLY
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OUTSIDE THE SUBPOENA RANGE.
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MR. BEBI: MAYBE.
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THE COURT: OH, GREAT. SO WE'RE GOING TO TAKE A
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MEASURING TAPE AND MEASURE THIS? WHAT'S THE
SUBPOENA RANGE,
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100 MILES? SO THIS IS ALLEGEDLY 25 PERCENT OUT
OF THE
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SUBPOENA RANGE? THE ISSUE IS WHETHER RIOS IS
WILLING TO COME,
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NUMBER ONE.
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NUMBER TWO, IS THE GOVERNMENT -- BOY, IS THERE
LIKE A
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CONFLICT HERE, MR. STUTLER, IF -- DO YOU OBJECT
ON BEHALF OF
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THE GOVERNMENT TO HAVE A GOVERNMENT EMPLOYEE
WHO'S BEEN
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SUBPOENAED TO BE HERE, WHO MAYBE IS BEING
INTIMIDATED,
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ACCORDING TO MR. BEBI, NOT TO BE HERE? BOY,
THERE'S SOMETHING
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ABOUT THIS THAT DOESN'T PASS THE SMELL TEST.
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MR. STUTLER: I SEE WHAT YOU'RE SAYING. LET US
TALK
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ABOUT IT AT LUNCH.
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THE COURT: IS HE GOING TO TESTIFY TODAY?
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MR. BEBI: NO, YOUR HONOR.
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THE COURT: SEE WHAT YOU CAN WORK OUT ON THAT,
MR.
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STUTLER. IF THAT DOESN'T WORK OUT, WE'LL BRING
MR. RIOS IN.
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I'M NOT GOING TO QUASH THE SUBPOENA. WE'LL BRING
HIM IN.
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WE'LL LISTEN TO HIM OUTSIDE THE PRESENCE OF THE
JURY. I'LL
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MAKE A DETERMINATION WHETHER OR NOT THAT
SUBPOENA SHOULD BE
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QUASHED.
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MR. STUTLER: THANK YOU, VERY MUCH, YOUR HONOR.
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THE COURT: THANK YOU. WE'LL SEE YOU AT 1:00.
WE'RE
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AT RECESS.
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(COURT WAS AT LUNCH RECESS.)
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C E R T I F I C A T E
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I, GAYLE WAKEFIELD, CERTIFY THAT I AM A DULY
QUALIFIED AND ACTING OFFICIAL COURT REPORTER FOR
THE UNITED
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STATES DISTRICT COURT, THAT THE FOREGOING IS A
TRUE AND
ACCURATE TRANSCRIPT OF THE PROCEEDINGS AS TAKEN
BY ME IN THE
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ABOVE-ENTITLED MATTER ON MARCH 2, 2005; AND THAT
THE FORMAT
USED COMPLIES WITH THE RULES AND REQUIREMENTS OF
THE UNITED
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STATES JUDICIAL CONFERENCE.
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DATED:_______________
__________________________
GAYLE WAKEFIELD, RPR, CRR
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OFFICIAL COURT REPORTER
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There is More!
Read the Hensley Transcript
Read the Mattivi Transcript
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Judge Yvette Palazuelos
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