Sean Michael Park's Felony Arraignment Transcript

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THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

HONORABLE JANIS L. SAMMARTINO

UNITED STATES DISTRICT JUDGE PRESIDING

_______________________________________________________

UNITED STATES OF AMERICA, )

)

PLAINTIFF, )

)

VS. ) NO. 12-CR-0494-JLS

) 11-CR-05297-JLSSEAN MICHAEL PARK, )

)

DEFENDANT. )

_______________________________________________________

ARRAIGNMENT

_______________________________________________________

REPORTER'S TRANSCRIPT OF PROCEEDINGS

FEBRUARY 10, 2012

SAN DIEGO, CALIFORNIA

GAYLE WAKEFIELD, RPR, CRR

OFFICIAL COURT REPORTER

UNITED STATES COURTHOUSE

940 FRONT STREET, ROOM 3132

SAN DIEGO, CALIFORNIA 92101-8900

PH: 619-239-0652

[email protected]

Case 3:12-cr-00494-JLS Document 14 Filed 03/01/12 of 37

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APPEARANCES:

FOR THE PLAINTIFF: NEAMA RAHMANI

ASSISTANT U.S. ATTORNEY

FEDERAL OFFICE BUILDING

880 FRONT STREET, ROOM 6293

SAN DIEGO, CA 92101-8893

FOR THE DEFENDANT: SEAN MICHAEL PARK

PRO SE

ALSO PRESENT: KNUT JOHNSON


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FEBRUARY 10, 2012

THE CLERK: NUMBER 16 ON THE CALENDAR, 11-CR-5297,

UNITED STATES VS. SEAN MICHAEL PARK, FOR AN ARRAIGNMENT.

MR. JOHNSON: GOOD AFTERNOON, YOUR HONOR, KNUT JOHNSON.

YOUR HONOR, I FILED A MOTION TO BE RELIEVED AS COUNSEL

ON THIS CASE. MR. PARK HAS VOICED A DESIRE TO GO IN PRO PER IN

THIS CASE.

THE COURT: NO, I UNDERSTAND THAT, AND WE WILL GET TO

THAT.

YOU ARE?

THE DEFENDANT: SEAN PARK.

THE COURT: OKAY. THANK YOU, MR. PARK.

AND APPEARING FOR THE GOVERNMENT?

MR. RAHMANI: NEAMA RAHMANI FOR THE UNITED STATES, YOUR

HONOR.

THE COURT: OKAY. VERY WELL. WHAT I WOULD LIKE TO DO,

WHILE YOU'RE STILL PART OF THIS CASE --

THE DEFENDANT: I OBJECT, YOUR HONOR. I ACCEPT YOUR

OATH. THIS JURISDICTION IS IMPROPER. I'M AN AMERICAN CITIZEN.

I'M AN AMERICAN WITH CONSTITUTIONAL POWERS RIGHT NOW.

THE COURT: MR. PARK, I'M GOING TO STOP YOU. YOU'VE

BEEN SITTING IN THE COURTROOM WHILE I'VE DONE MY CALENDAR ALL

AFTERNOON, AND YOU HAVE -- YOU ARE NOW -- THERE HAS BEEN AN

INDICTMENT, A SUPERSEDING INDICTMENT --

THE DEFENDANT: IT HAS BEEN RESCINDED AND REJECTED. WE


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DO NOT CONSENT TO THAT, AND IT HAS BEEN INPUT IN THE RECORD

MANY TIMES AND REJECTED. I DID SUBMIT MANY REQUESTS.

THE COURT: SIR, WE'RE GOING TO GET THERE. IF YOU

WOULD LET THE COURT RUN THE PROCEEDINGS, THAT WOULD MAKE IT GO

A LOT BETTER.

WE'RE GOING TO START BY GOING THROUGH AND ARRAIGNING

YOU ON THE INDICTMENT THAT THE GOVERNMENT HAS FILED IN YOUR

CASE, SIR. SO YOU HAVE A RIGHT TO KNOW THE CHARGES THAT ARE

PENDING AGAINST YOU, AND THEN WE WILL GET TO ALL THE ISSUES

THAT ARE BEFORE THE COURT AND WE WILL DEAL WITH THEM OR SET

THEM. SO WITH THAT --

THE DEFENDANT: I DON'T CONSENT TO THE CHARGES IN THIS

JURISDICTION AS IT'S IMPROPER, YOUR HONOR.

THE COURT: OKAY. THANK YOU FOR THAT STATEMENT.

MY COURTROOM DEPUTY CLERK, MR. RAMOS, WILL NOW ARRAIGN

YOU ON THE INDICTMENT.

PLEASE GO AHEAD, ALEX.

THE CLERK: SURE.

SEAN MICHAEL PARK, IS THAT YOUR TRUE NAME?

THE COURT: SEAN MICHAEL PARK, IS THAT YOUR TRUE NAME?

THE DEFENDANT: I DON'T CONSENT TO THIS PROCEEDING

RIGHT NOW, YOUR HONOR.

THE COURT: OKAY. WHY DID YOU -- WELL, MR. --

THE DEFENDANT: I ACCEPT YOUR OATH OF OFFICE. MR.

JOHNSON WAS TERMINATED BACK ON THE 10TH. WE'VE SUBMITTED ALL


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OUR EVIDENCE TO THE COURT.

THE COURT: MR. PARK, WE NEED TO PROCEED --

THE DEFENDANT: ARTICLE 3, SECTION 2 OF THE

CONSTITUTION SAYS THAT THIS IS NO SUBJECT FOR THIS COURT TO

HEAR THIS.

THE COURT: OKAY. MR. PARK, I APPRECIATE YOUR

COMMENTS, BUT WE ARE GOING TO PROCEED IN THE PROPER FASHION

THAT WE NEED TO PROCEED IN.

THE DEFENDANT: I OBJECT TO THAT.

THE COURT: I UNDERSTAND THAT, AND YOUR OBJECTION, SIR,

IS NOTED ON THIS RECORD, AND SO YOU CAN BE CONFIDENT OF THAT.

THE DEFENDANT: I HAVE NEVER RECEIVED THIS INDICTMENT

UNTIL TODAY PROPERLY.

THE COURT: UNDERSTOOD, SIR, AND THAT'S THE WAY IT IS

WHEN YOU COME INTO THE COURT ON THESE MATTERS. THIS IS YOUR

FIRST APPEARANCE BEFORE THIS COURT, AND AN INDICTMENT HAS BEEN

FILED, AND WE'RE NOW GOING TO READ YOU THE CHARGES AND PROCEED.

SO, ALEX, PLEASE --

THE DEFENDANT: I OBJECT TO THOSE, BUT I'LL LISTEN.

THE COURT: THANK YOU. IT'S NOTED FOR THE RECORD, MR.

PARK, IF IT'S OF COMFORT TO YOU, THAT YOU OBJECT TO THESE

PROCEEDINGS, SO THAT'S NOTED, BUT NOW WE'RE GOING TO GO THROUGH

IT BECAUSE IT'S WHAT WE NEED TO DO.

SO PLEASE PROCEED, ALEX.

THE CLERK: SURE.


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SEAN MICHAEL PARK, YOU ARE INFORMED THAT AN INDICTMENT

HAS BEEN FILED IN CASE NUMBER 12-CR-0494 CHARGING YOU WITH

TITLE 18, U.S.C., SECTION 1623 SUBSECTION (A), PERJURY; TITLE

18, U.S.C., SECTION 1512(C), OBSTRUCTION OF JUSTICE; TITLE 18,

U.S.C., SECTION 2, AIDING AND ABETTING; TITLE 18, U.S.C.,

SECTION 1001(A)(2), FALSE STATEMENT.

THE GRAND JURY CHARGES: COUNT 1, ON OR ABOUT MARCH

25TH, 2011, WITHIN THE SOUTHERN DISTRICT OF CALIFORNIA,

DEFENDANT SEAN MICHAEL PARK, IN A CASE BEFORE THE UNITED STATES

DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA,

ENTITLED 13231 SUNDANCE LLC VS. CRONIN, ET AL. 11 CASE NUMBER

11-CV-477-LAB-WVG, KNOWINGLY MADE A FALSE MATERIAL DECLARATION,

TO WIT: THE DEFENDANT EXECUTED A DECLARATION UNDER PENALTY OF

PERJURY OF THE LAWS OF THE UNITED STATES THAT, IN

DECEMBER 2010, THE DEFENDANT AND HIS TENANTS C.C.,J.E, AND

E.T., ENTERED INTO PREPAID LEASE AGREEMENTS IN WHICH THE

DEFENDANT'S TENANTS PAID SIX MONTHS RENT IN ADVANCE, WHEN, IN

TRUTH AND IN FACT, AS THE DEFENDANT KNEW, IN DECEMBER 2010, THE

DEFENDANT AND HIS TENANTS DID NOT ENTER INTO PREPAID LEASE

AGREEMENTS AND THAT THE DEFENDANT'S TENANTS DID NOT PAY

SIX MONTHS RENT IN ADVANCE; IN VIOLATION OF TITLE 18, UNITED

STATES CODE, SECTION 1623(A).

COUNT 2, ON OR ABOUT MARCH 30TH, 2011, WITHIN THE

SOUTHERN DISTRICT OF CALIFORNIA, DEFENDANT SEAN MICHAEL PARK

DID CORRUPTLY ALTER DOCUMENTS, TO WIT: A WESTERN UNION


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FINANCIAL SERVICES, INC. MONEY ORDER, DATED 23RD, 2010 --

THE DEFENDANT: I OBJECT TO ALL OF THIS.

THE CLERK: -- J.P. MORGAN CHASE BANK, N.A. 00CASHIER'S

CHECK, DATED DECEMBER 28, 2010, AND RESIDENTIAL LEASE OR

MONTH-TO-MONTH RENTAL AGREEMENTS BETWEEN THE DEFENDANT AND

C.C., J.E. AND E.T., DATED DECEMBER 30TH, 2010, WITH THE INTENT

TO IMPAIR THEIR INTEGRITY AND OBSTRUCT, INFLUENCE AND IMPEDE AN

OFFICIAL PROCEEDING, 13231 SUNDANCE LLC VS. CRONIN, ET AL. CASE

NUMBER 11-CV-477-LAB-WVG, IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA, IN VIOLATION OF 18

U.S.C., UNITED STATES CODE, SECTION 1512(C) AND TITLE 18,

UNITED STATES CODE, SECTION 2.

COUNT 3, ON OR ABOUT MAY 2ND, 2011, WITHIN THE SOUTHERN

DISTRICT OF CALIFORNIA, DEFENDANT SEAN MICHAEL PARK IN A MATTER

WITHIN THE JURISDICTION OF THE UNITED STATES FEDERAL BUREAU OF

INVESTIGATION, A DEPARTMENT AND AGENCY OF THE UNITED STATES,

DID KNOWINGLY AND WILLFULLY MAKE FALSE AND FICTITIOUS AND

FRAUDULENT STATEMENTS --

THE DEFENDANT: I OBJECT.

THE CLERK: -- AND REPRESENTATIONS AS TO MATERIAL FACTS

IN THAT HE DID REPRESENT AND STATE TO A FEDERAL BUREAU OF

INVESTIGATION AGENT THAT, IN DECEMBER 2010, THE DEFENDANT AND

HIS TENANTS, C.C., J.E. AND E.T., ENTERED INTO PREPAID LEASE

AGREEMENTS IN WHICH THE DEFENDANT'S TENANTS PAID SIX MONTHS

RENT IN ADVANCE, WHEREAS, IN TRUTH AND FACT, AS DEFENDANT THEN


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AND THERE WELL KNEW, THOSE STATEMENTS AND REPRESENTATIONS WERE

FALSE, FICTITIOUS AND FRAUDULENT WHEN MADE, IN VIOLATION OF

TITLE 18, UNITED STATES CODE, 1001(A)(2). DATED FEBRUARY 9TH,

2012.

SIR, YOU ARE FURTHER INFORMED THAT YOU HAVE THE RIGHT

TO BE REPRESENTED BY COUNSEL AT ALL STAGES OF THE PROCEEDINGS

BEFORE THE COURT.

YOU HAVE THE RIGHT TO REMAIN SILENT.

YOU HAVE THE RIGHT TO A TRIAL BY JURY.


THE CLERK: YOU HAVE THE RIGHT TO CONFRONT AND

CROSS-EXAMINE ANY WITNESSES WHO TESTIFY AGAINST YOU, AND YOU

HAVE THE RIGHT TO HAVE WITNESSES SUBPOENA TO TESTIFY IN YOUR

BEHALF.

SIR, HOW DO YOU PLEAD TO COUNTS 1 THROUGH 3 OF THIS

INDICTMENT, GUILTY OR NOT GUILTY?

THE DEFENDANT: I CANNOT PLEAD TODAY BECAUSE I HAVE NOT

BEEN GIVEN FULL DISCOVERY. I WAS JUST HANDED THIS INDICTMENT

TWO, THREE MINUTES BEFORE HE STARTED READING.

THE COURT: UNDERSTOOD.

MR. JOHNSON --

THE DEFENDANT: THIS IS NOT THE RIGHT JURISDICTION FOR

THIS COURT, YOUR HONOR, I'M UNDER THE CONSTITUTION.

THE COURT: THANK YOU. THAT'S NOTED ON THE RECORD.

MR. JOHNSON, LET ME ASK YOU, SINCE YOU HAVE NOT BEEN


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REMOVED BY THIS COURT, AND YOUR WITHDRAWAL HAS NOT BEEN

ACCEPTED AT THIS MOMENT, WOULD YOU AND MR. PARK --

THE DEFENDANT: I OBJECT TO ANYTHING HE HAS TO SAY ON

MY CASE, YOUR HONOR. HE HAS ALREADY GIVEN ME BACK MY RETAINER

AND HAS TERMINATED HIMSELF AS OF THE 10TH OF JANUARY.

THE COURT: LET ME JUST STOP YOU FOR A SECOND. LET ME

SAY THIS THEN, YOU'RE NOT PREPARED TO ENTER A PLEA AT THIS

TIME?

THE DEFENDANT: CORRECT.

THE COURT: WHY DON'T WE ENTER A NOT GUILTY PLEA. YOU

CAN ALWAYS CHANGE THAT IF YOU WANT TO.

THE DEFENDANT: NO, I'M NOT GOING TO ENTER A PLEA.

THE COURT: YOU WANT A CONTINUANCE FOR ONE WEEK TO

ENTER A PLEA?

THE DEFENDANT: I CANNOT PLEAD -- I'M GOING TO NEED

SIX MONTHS FOR MY DISCOVERY. I WAS NOT GIVEN ANY DISCOVERY,

YOUR HONOR.

THE COURT: OKAY. I'M GOING TO STOP YOU AND WE WILL

COME BACK TO THIS. THE COURT ON YOUR BEHALF IS GOING TO ENTER

A NOT GUILTY PLEA.


THE COURT: LET'S JUST --

THE DEFENDANT: I OBJECT TO A NOT GUILTY PLEA.

THE COURT: OKAY.

THE DEFENDANT: THERE'S NO JURISDICTION IN THIS


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COURTROOM TO ENTER A PLEA FOR ME.

THE COURT: LET ME STOP YOU AND TELL YOU THIS, SIR, YOU

COULD HAVE A BRIEF CONTINUANCE TO ENTER A PLEA. I UNDERSTAND

YOU JUST SAW THE INDICTMENT THAT WAS FILED, BUT IT NEEDS TO BE

A LOT SOONER THAN SIX MONTHS. JUST HOLD THAT THOUGHT. DON'T

RESPOND RIGHT NOW.

THE DEFENDANT: I HAVEN'T RECEIVED ANYTHING.

THE COURT: OKAY, JUST STOP FOR A SECOND BECAUSE YOU'VE

BEEN REPRESENTED BY COUNSEL.

THE DEFENDANT: NO, I'M NOT REPRESENTED.

THE COURT: YOU WERE --

THE DEFENDANT: I AM NOT A FICTITIOUS PERSON. I AM NOT

REPRESENTED BY COUNSEL, AND I OBJECT TO THAT STATEMENT.

THE COURT: I'M NOT SURE WHAT STATEMENT YOU'RE

OBJECTING TO, BUT THAT'S FINE.

THE DEFENDANT: IT'S ON THE RECORD AND IT'S BEEN

SUBMITTED TO THE COURT THAT MR. JOHNSON HAS BEEN TERMINATED AS

OF THE 9TH OF JANUARY.

THE COURT: LET ME STOP YOU FOR JUST A SECOND HERE.

I HAVE TO ASK MR. JOHNSON, HAVE YOU WITHDRAWN FROM THIS

CASE, SIR?

MR. JOHNSON: I'VE ASKED THE COURT TO PERMIT ME TO

WITHDRAW.

THE DEFENDANT: I HAVE SOME DOCUMENTATION YOU MIGHT

WANT TO SEE.


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THE COURT: NO, I DON'T WANT TO SEE ANY DOCUMENTATION

OTHER THAN WHAT'S BEEN FILED WITH THE COURT, SIR.

THE DEFENDANT: TERMINATION FOR MR. JOHNSON SIGNED AND

DATED JANUARY 18TH, TERMINATION REFUND OF UNEARNED FEES.

THE COURT: OKAY. IS THAT TRUE, MR. JOHNSON?

MR. JOHNSON: THAT'S CORRECT. YES.

THE COURT: VERY WELL. WHAT IS YOUR PLAN, MR. PARK,

WITH REGARD TO THIS? DO YOU INTEND TO RETAIN FURTHER COUNSEL

IN THIS MATTER?

THE DEFENDANT: I WOULD LIKE SOME TIME TO RESEARCH THE

DISCOVERY THAT I HAVEN'T BEEN GIVEN YET.

THE COURT: OKAY. I UNDERSTAND YOU WOULD LIKE SOME

TIME, BUT THE COURT NEEDS TO KNOW ARE YOU GOING TO HAVE ANOTHER

ATTORNEY REPRESENT YOU? A COUPLE OF THINGS CAN HAPPEN. YOU

COULD HAVE SOMEBODY SUBSTITUTE IN, WHICH MOST PEOPLE WOULD HAVE

DONE. MOST PEOPLE -- IF YOU WEREN'T GOING TO PROCEED WITH MR.

JOHNSON, MOST PEOPLE WOULD HAVE HAD ANOTHER COUNSEL HERE --

LISTEN TO ME BEFORE YOU SAY ANYTHING ELSE, MR. PARK. MOST

PEOPLE WOULD HAVE HAD SOMEBODY SUBSTITUTE IN FOR THEM OR THEY

WOULD ASK ME TO APPOINT COUNSEL OR THEY WOULD SAY, AND THIS IS

RARE, BECAUSE IT'S ILL-ADVISED, IT'S ILL-ADVISED.

THE DEFENDANT: I OBJECT TO IT BEING IN THIS COURTROOM.

IT'S NOT THE RIGHT JURISDICTION.

THE COURT: OKAY, BUT YOU NEED TO LISTEN --

THE DEFENDANT: UNDER THE CONSTITUTION OF THE UNITED


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STATES OF AMERICA.

THE COURT: YOU NEED TO LISTEN, MR. PARK. SOMEBODY

COULD SUBSTITUTE IN FOR MR. JOHNSON, OKAY. YOU COULD ASK THE

COURT TO APPOINT SOMEBODY TO REPRESENT YOU. YOU COULD

REPRESENT YOURSELF. THE LAST ONE, REPRESENTING YOURSELF, IS

EXTRAORDINARILY ILL-ADVISED. IT'S NOT A WISE THING TO DO.

THE DEFENDANT: I DON'T NEED LEGAL ADVICE, YOUR HONOR,

PLEASE.

THE COURT: OKAY. SO WHAT IS YOUR INTENTION, TO

SUBSTITUTE IN, TO ASK FOR APPOINTED COUNSEL OR TO REPRESENT

YOURSELF?

THE DEFENDANT: I'M REPRESENTING MYSELF, BUT I'M ASKING

FOR TIME.

THE COURT: WE'VE GOT TO GO THROUGH SOME THINGS. GIVE

ME JUST A MOMENT, IF YOU WOULD.

MR. PARK, HAVE YOU EVER -- AND THIS GOES TO YOUR

SUGGESTION AND YOUR DESIRE TO REPRESENT YOURSELF, MR. PARK.

HAVE YOU EVER STUDIED LAW, SIR?

THE DEFENDANT: I OBJECT TO THESE QUESTIONS, YOUR

HONOR, THIS IS NOT THE RIGHT JURISDICTION FOR THIS.

THE COURT: THAT IS NOTED FOR THE RECORD, AND NOW WE'RE

GOING TO PROCEED THROUGH THE INQUIRY THAT THE COURT MUST

INQUIRE OF, SIR, IF YOU WERE GOING TO BE GIVEN THE OPPORTUNITY

TO REPRESENT YOURSELF.

HAVE YOU EVER STUDIED LAW?


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THE DEFENDANT: I HAVE STUDIED LAW. I'VE STUDIED MY

RIGHTS, AND I'VE STATED MY RIGHTS TO THIS COURT, AND I OBJECT

TO ANY FURTHER CONTINUANCE OF THIS CASE IN THIS COURT BASED ON

JURISDICTION.

THE COURT: I UNDERSTAND THAT. SO YOU HAVE STUDIED

LAW. DO YOU HAVE A FORMAL JURIS DOCTORATE DEGREE FROM --

THE DEFENDANT: I OBJECT TO THESE QUESTIONS, YOUR

HONOR. I NEED SOME TIME FOR DISCOVERY. I WAS JUST GIVEN,

MINUTES BEFORE, AN INDICTMENT/INFORMATION THAT WAS NOT GIVEN TO

ME FOR MANY, MANY MONTHS.

THE COURT: MR. PARK, THERE IS A PROPER WAY TO PROCEED.

YOU HAVE NOTED NUMEROUS TIMES, INTERRUPTING THE COURT, THAT YOU

OBJECT TO THE JURISDICTION. THAT IS NOTED. THAT'S VERY, VERY

CLEAR, SIR, BUT WE'RE GOING TO GO THROUGH SOME THINGS THAT NEED

TO BE INQUIRED OF WITH REGARD TO REPRESENTING YOURSELF, SIR,

BECAUSE YOU ARE FACING SERIOUS CHARGES, AND I'M GOING TO GO

THROUGH THIS.

THE DEFENDANT: I OBJECT TO ALL OF THOSE CHARGES.

THE COURT: OF COURSE YOU DO. OF COURSE, YOU DO. THAT

YOU DON'T HAVE TO TELL ME, SIR. YOU'RE A DEFENDANT IN THIS

COURT --

THE DEFENDANT: I'M A PROPOSED DEFENDANT. I'M NOT

ADMITTING TO BEING A DEFENDANT. THIS IS A PROPOSED DEFENDANT,

AS MY DOCUMENTS WILL STATE.

THE COURT: SO YOU OBJECT TO EVERYTHING, BUT WE'RE


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GOING TO GO THROUGH THIS, SIR.

SO YOU'VE TOLD THE COURT THAT YOU HAVE STUDIED LAW,

CORRECT?

THE DEFENDANT: I DON'T KNOW WHAT THE RELEVANCE OF THIS

IS.

THE COURT: IT WILL BECOME RELEVANT IF YOU WILL GO

THROUGH THIS WITH ME.

THE DEFENDANT: I OBJECT TO THIS.

THE COURT: OKAY. HAVE YOU EVER REPRESENTED YOURSELF

IN A CRIMINAL PROCEEDING BEFORE? SIR, THIS GOES TO YOUR

UNDERSTANDING OF WHAT IS GOING TO BE UNDERTAKEN TO REPRESENT

YOURSELF IN THIS COURT, AND THAT'S THE REASON FOR THE INQUIRY.

THE DEFENDANT: AT THIS TIME I'M ASKING FOR SOME EXTRA

TIME TO DO THIS RESEARCH. I'VE JUST BEEN GIVEN A BOATLOAD OF

INFORMATION AND I MIGHT RECONSIDER, BUT AT THIS TIME I OBJECT

TO ALL OF THESE STATEMENTS, AND I OBJECT TO THE JURISDICTION

UNDER THE CONSTITUTION OF THE UNITED STATES AND YOUR OATH.

THE COURT: I WANT YOU TO UNDERSTAND SOME THINGS BEFORE

YOU EMBARK ON THIS. THAT'S ALL THIS IS ABOUT, MR. PARK. SO

I'M GOING TO TRY ONCE AGAIN TO WORK WITH YOU A LITTLE BIT, BUT

YOU HAVE TO WORK WITH ME IN ORDER TO GO THROUGH THIS.

LET'S GO BACK. HAVE YOU EVER STUDIED LAW?

THE DEFENDANT: I HAVE STUDIED SOME LAW.

THE COURT: OKAY. DO YOU HAVE ANY FORMAL DEGREES IN

LAW, LIKE A CRIMINAL JUSTICE DEGREE OR A LAW DEGREE, SIR?


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THE DEFENDANT: NO, AND I OBJECT TO THESE QUESTIONS.

THE COURT: OKAY. GO WITH ME AND YOU'LL SEE WHY I'M

INQUIRING IN THIS WAY. HAVE YOU EVER REPRESENTED YOURSELF

BEFORE, EVEN THOUGH YOU'RE NOT CONCEDING JURISDICTION, IN A

COURT SETTING SIMILAR TO THIS?

THE DEFENDANT: NO.

THE COURT: OKAY. NOW, YOU WERE JUST READ AN

INDICTMENT THAT WAS FILED AGAINST YOU. YOU'RE NOT CONCEDING

ANYTHING, BUT DO YOU UNDERSTAND THESE WERE THE CHARGES THAT

HAVE BEEN FILED AGAINST YOU? COUNT 1, PERJURY. COUNT 2,

OBSTRUCTION OF JUSTICE. COUNT 3, FALSE STATEMENTS, ALL IN

VIOLATION OF TITLE 18 OF THE UNITED STATES CODE, VARIOUS

SECTIONS. YOU HEARD THAT READ IN THIS COURTROOM, DID YOU NOT,

MR. PARK?

THE DEFENDANT: I DID TODAY, BUT I DO NOT UNDERSTAND

THE NATURE OF THIS AND I DO NOT CONSENT.

THE COURT: OKAY.

THE DEFENDANT: THE PURPORTED CHARACTER OF THESE

CHARGES.

THE COURT: OKAY. FAIR ENOUGH.

THE DEFENDANT: I HAVE NOT BEEN GIVEN ANY BONA FIDE

EVIDENCE TO THE CONTRARY AND I CANNOT --

THE COURT: WE'RE NOT GOING THERE YET. JUST GO WITH

ME. SO YOU HEARD THOSE CHARGES READ. NOW, THIS IS VERY

CRITICAL, MR. PARK, DO YOU UNDERSTAND THAT IF YOU WERE FOUND


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GUILTY OF THE CRIME CHARGED IN COUNT 1, THE COURT MUST IMPOSE

AN ASSESSMENT OF $100 AND COULD SENTENCE YOU TO AS MANY AS

FIVE YEARS IN PRISON, IMPOSE A TERM OF SUPERVISED RELEASE THAT

FOLLOWS IMPRISONMENT OF UP TO THREE YEARS, AND FINE YOU AS MUCH

AS $250,000? THAT'S FOR COUNT 1.

WITH REGARD TO COUNT 2, THE COURT MUST -- IF YOU'RE

FOUND GUILTY, THE COURT MUST IMPOSE AN ASSESSMENT OF $100, AND

COULD SENTENCE YOU TO AS MANY AS 20 YEARS IN PRISON, AND IMPOSE

A TERM OF SUPERVISED RELEASE THAT FOLLOWS IMPRISONMENT OF UP TO

THREE YEARS, AND A FINE AS MUCH AS $250,000. THAT'S ON COUNT

2.

COUNT 3, IF FOUND GUILTY, MR. PARK, THE COURT MUST

IMPOSE AN ASSESSMENT OF $100, AND COULD SENTENCE YOU TO AS MANY

AS FIVE YEARS IN PRISON, IMPOSE A SUPERVISED RELEASE THAT

FOLLOWS IMPRISONMENT OF UP TO THREE YEARS, AND FINE YOU AS MUCH

AS $250,000.

I WANTED YOU TO UNDERSTAND THE MAXIMUM PENALTIES THAT

COULD OCCUR BASED ON THESE THREE CHARGES IN THE SUPERSEDING

INDICTMENT.

DO YOU ALSO UNDERSTAND THAT IF YOU WERE FOUND GUILTY OF

MORE THAN ONE OF THESE CRIMES THIS COURT COULD ORDER THAT

SENTENCES BE SERVED CONSECUTIVELY, MEANING ONE AFTER ANOTHER?

THE DEFENDANT: BASED ON THE INFORMATION THAT WAS JUST

HANDED TO ME, I DO NOT UNDERSTAND ALL OF THIS AND NEED TIME TO

GO OVER THIS.


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THE COURT: I UNDERSTAND THAT. AND I WANTED YOU TO

UNDERSTAND, FROM THE COURT, THAT THOSE ARE THE MAXIMUMS YOU

COULD BE FACING. SO NOW YOU HAVE HEARD THAT, CORRECT, YOU

HEARD IT FROM THE COURT, TRUE?

THE DEFENDANT: I JUST HEARD WHAT YOU SAID, YES.

THE COURT: OKAY. DO YOU UNDERSTAND, SIR, THAT THERE

ARE ADVISORY SENTENCING GUIDELINES THAT MAY HAVE AN AFFECT ON

YOUR SENTENCE IF YOU ARE FOUND GUILTY? ARE YOU FAMILIAR WITH

THE FEDERAL ADVISORY SENTENCING GUIDELINES, MR. PARK?

THE DEFENDANT: NO, I'M NOT. THOSE WERE NOT GIVEN TO

ME FROM MY PREVIOUS COUNSEL.

THE COURT: OKAY. WELL, THEY -- OKAY. DO YOU

UNDERSTAND, MR. PARK, THAT IF YOU REPRESENT YOURSELF YOU ARE ON

YOUR OWN. I CANNOT TELL YOU OR EVEN ADVISE YOU ON HOW TO TRY

YOUR CASE. DO YOU UNDERSTAND THAT?

THE DEFENDANT: YES, I UNDERSTAND THAT THIS IS NOT IN

THE RIGHT JURISDICTION AND --

THE COURT: STOP FOR JUST A MINUTE.

THE DEFENDANT: THERE IS NO POWER FOR YOU TO EVEN

PROCEED WITH THIS CASE UNDER THE CONSTITUTION OF THE UNITED

STATES.

THE COURT: AND THAT'S BEEN NOTED, AND IS NOTED AGAIN

ON THE RECORD, SO LET'S GO BACK AND SEE. DO YOU UNDERSTAND

THAT THE ROLE OF A JUDGE IS NEUTRAL? YOU'VE BEEN SITTING HERE

THIS AFTERNOON WATCHING THE COURT'S AFTERNOON CALENDAR. I


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DON'T HELP PEOPLE OVER ON THIS SIDE. I DON'T HELP PEOPLE OVER

ON THIS SIDE. IT DOESN'T MATTER IF THEY'RE REPRESENTED BY

COUNSEL OR NOT. SOMEBODY COULD HAVE THE BEST LAWYER, SOMEBODY

COULD HAVE THE WORST LAWYER.

THE DEFENDANT: I OBJECT THAT IT'S IN THIS COURTROOM.

THE COURT: I UNDERSTAND THAT, BUT YOU NEED TO LISTEN

BECAUSE YOU'RE HEARING SOME THINGS THAT ARE IMPORTANT FOR YOU

TO UNDERSTAND.

I CAN'T HELP YOU TRY YOUR CASE. I CAN'T SUGGEST TO YOU

WHAT TO DO. I ONLY SPEAK AS CLEARLY AND AS NON-LEGALLY AS I

CAN, AND EVEN THAT SOMETIME'S HARD BECAUSE THE LAW IS THE LAW.

BUT DO YOU UNDERSTAND, SIR, THAT YOU WOULD BE ON YOUR OWN IF

YOU CHOOSE TO REPRESENT YOURSELF? IT WOULD BE YOU AGAINST

SOMEBODY WHO HAS A LAW DEGREE AND HAS PRACTICED LAW AND HAS

PROSECUTED CASES, LIKE THIS ONE, MANY TIMES. DO YOU UNDERSTAND

THAT?

THE DEFENDANT: I DON'T CONSENT TO ANYTHING THAT HAS

BEEN BROUGHT BEFORE ME WITH THE CAPITAL USES OF MY NAME, THAT

IS NOT ME, AND I DO NOT CONSENT TO THE JURISDICTION OF THIS

COURT AND THE CONSTITUTION OF THE UNITED STATES OF AMERICA.

THE COURT: OKAY. WELL, LET'S CONTINUE ON. YOU'VE

STATED THAT BEFORE, AND SO THE COURT HAS TOLD YOU NUMEROUS

TIMES YOU'RE ON YOUR OWN. YOU DON'T HAVE ASSISTANCE, IF YOU

CHOOSE TO REPRESENT YOURSELF.

ARE YOU FAMILIAR WITH THE FEDERAL RULES OF EVIDENCE?


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THE DEFENDANT: I HAVEN'T HAD A CHANCE TO LOOK AT ALL

THE DISCOVERY EVIDENCE YET.

THE COURT: WELL, THAT HAS NOTHING TO DO WITH DISCOVERY

EVIDENCE, SIR, IT'S THE LAW THAT THE COURT USES TO ADMIT --

THE DEFENDANT: AND I OBJECT TO THOSE.

THE COURT: VERY WELL, SIR. SO YOU'RE NOT FAMILIAR

WITH THEM IS WHAT I'M GOING TO ASSUME BY YOUR COMMENT.

NEXT QUESTION IS, DO YOU UNDERSTAND --

THE DEFENDANT: I OBJECT TO YOU ANSWERING FOR ME. I

OBJECT TO THIS CONTINUING IN THIS COURTROOM BASED ON THE

EVIDENCE WE'VE SUBMITTED.

THE COURT: YOU KNOW, WE'RE GOING TO GET THERE IF

YOU'LL GIVE ME JUST A MOMENT, MR. PARK. THIS IS A VERY SERIOUS

PROCEEDING, SIR, AND THE INQUIRY THAT I'M GOING THROUGH NOW IS

DESIGNED TO ASSIST YOU TO KNOW WHETHER YOU WANT TO TAKE THIS ON

YOURSELF OR HAVE SOME ASSISTANCE. YOU MAY THINK IT'S VERY

HELPFUL TO YOURSELF TO JUST REPEAT, "I DON'T AGREE. I DON'T

CONSENT. IT'S NOT ME." WELL, MR. PARK, I WOULD SUGGEST TO YOU

THAT'S BEEN NOTED. IT COVERS THIS ENTIRE PROCEEDING, IF YOU

WISH, BUT I WOULD LIKE YOU TO TRY TO FOCUS ON WHAT I'M SAYING

BECAUSE THIS IS EXTRAORDINARILY SERIOUS, SIR, AND IF YOU WANT

ME TO GO BACK AND READ THE MAXIMUM PENALTIES AGAIN, AND TELL

YOU AGAIN THAT THESE COULD BE STACKED ONE ON TOP OF THE OTHER,

SIR, THIS IS NOT SOMETHING WHERE THE BASIC COMMENT THAT YOU

DON'T AGREE, YOU DON'T SUBJECT, YOU DON'T THINK THERE'S


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JURISDICTION HERE IS GOING TO BE HELPFUL. SO IF WE COULD JUST

CONTINUE ON, I THINK THERE ARE THINGS THAT WOULD BE HELPFUL FOR

YOU TO THINK ABOUT HERE.

SO I ASKED YOU IF YOU'RE FAMILIAR WITH THE RULES OF

EVIDENCE.

THE DEFENDANT: I HAVEN'T HAD A CHANCE TO LOOK OVER

ANYTHING THAT -- OTHER THAN SECONDS BEFORE.

THE COURT: THE RULES OF EVIDENCE WILL NOT BE PROVIDED

TO YOU. THE SENTENCING GUIDELINES ARE NOT PROVIDED BY MR.

JOHNSON OR THE GOVERNMENT. THESE ARE DOCUMENTS AND LAWS THAT

WE USE EVERY DAY IN PREPARING TO GO FORWARD ON CASES, AND IT'S

IMPORTANT THAT YOU REALIZE THAT BECAUSE THE PERSON YOU WILL BE

UP AGAINST KNOWS ABOUT THE SENTENCING GUIDELINES, KNOWS ABOUT

THE FEDERAL RULES OF EVIDENCE. SO LET'S CONTINUE.

DO YOU UNDERSTAND THAT THE RULES OF EVIDENCE GOVERN

WHAT EVIDENCE MAY OR MAY NOT BE INTRODUCED AT A TRIAL, THAT IN

REPRESENTING YOURSELF YOU MUST ABIDE BY THOSE VERY TECHNICAL

RULES AND THEY CANNOT AND WILL NOT BE RELAXED FOR YOUR BENEFIT;

DO YOU UNDERSTAND THAT?

THE DEFENDANT: I OBJECT TO THOSE STATEMENTS AS THIS IS

NOT IN THE RIGHT JURISDICTION.

THE COURT: OKAY. LET'S CONTINUE.

ARE YOU FAMILIAR WITH THE FEDERAL RULES OF CRIMINAL

PROCEDURE?

THE DEFENDANT: I OBJECT TO THAT.


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THE COURT: DO YOU UNDERSTAND THAT THOSE RULES GOVERN

THE WAY A CRIMINAL ACTION IS TRIED IN FEDERAL COURT, THAT YOU

ARE BOUND BY THOSE RULES --

THE DEFENDANT: I OBJECT THAT I AM BOUND BY THE RULES

OF THIS COURT. I'M AN AMERICAN WITH FULL CONSTITUTIONAL

RIGHTS, POWERS, AND THIS COURT HAS NO JURISDICTION OVER ME AND

NOTHING TO OFFER ME.

THE COURT: LET ME CONTINUE, PLEASE.

THE DEFENDANT: UNDER ARTICLE 3, SECTION 2 OF THE

CONSTITUTION AND THE ELEVENTH AMENDMENT THAT PRIVILEGE WAS

TAKEN AWAY FROM THIS COURT.

THE COURT: VERY WELL. LET ME CONTINUE THOUGH.

I MUST ADVISE YOU, MR. PARK, THAT IN MY OPINION A

TRAINED LAWYER WOULD DEFEND YOU FAR BETTER THAN YOU COULD TRY

TO REPRESENT YOURSELF. IT APPEARS, EVEN THOUGH YOU HAVEN'T

BEEN WILLING TO ANSWER THE COURT'S QUESTIONS OR HAVE A DIALOGUE

WITH THE COURT WITH REGARD TO YOUR ABILITY TO REPRESENT

YOURSELF OR YOUR KNOWLEDGE OF THESE THINGS, IT APPEARS THAT YOU

MAY NOT HAVE FAMILIARITY WITH ALL THE THINGS THAT MIGHT BE

NECESSARY. YOU'RE NOT FAMILIAR WITH COURT PROCEDURE OR THE

RULES OF EVIDENCE, AND I WOULD STRONGLY --

THE DEFENDANT: I OBJECT THAT YOU'RE ANSWERING FOR ME.

THE COURT: SIR, I'M GOING TO ASK YOU NOT TO INTERRUPT

ME. I'M NOW SPEAKING. IT'S VERY CLEAR THAT YOU -- WHAT YOUR

POSITION IS, SIR.


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SO YOU'RE NOT FAMILIAR WITH THE RULES OF EVIDENCE.

YOU'VE ACKNOWLEDGED AS MUCH. I STRONGLY URGE YOU NOT TO

REPRESENT YOURSELF.

IN LIGHT OF THE PENALTY THAT YOU MIGHT SUFFER IF YOU'RE

FOUND GUILTY, AND IN LIGHT OF ALL THE DIFFICULTIES OF

REPRESENTING YOURSELF, DO YOU STILL WISH TO REPRESENT YOURSELF

AND GIVE UP YOUR RIGHT TO BE REPRESENTED BY LEGAL COUNSEL?

THE DEFENDANT: I OBJECT. I DO NOT -- I WOULD LIKE

SOME TIME AND A CONTINUANCE TO GO OVER THE DISCOVERY THAT I WAS

JUST GIVEN.

THE COURT: LET ME ASK COUNSEL IF HE WOULD LIKE TO

COMMENT.

MR. RAHMANI: YES, YOUR HONOR. YOUR HONOR, MR. JOHNSON

IS MR. PARK'S FOURTH ATTORNEY IN THIS CASE, AND THAT'S JUST

DURING THE PRE-INDICTMENT PHASE. MR. PARK IS NOT AN ATTORNEY.

HE HAS NO FORMAL LEGAL TRAINING, AND, OF COURSE, DISCOVERY HAS

BEEN PROVIDED TO MR. PARK'S ATTORNEYS. WE'VE HAD FACE-TO-FACE

MEETINGS WITH MR. PARK AND HIS ATTORNEYS. WE'VE DISCUSSED THE

FACTS AND THE ALLEGATIONS IN THIS CASE.

THE DEFENDANT: I OBJECT TO THIS.

MR. RAHMANI: THE GOVERNMENT --

THE COURT: YOU KNOW, MR. PARK, YOU'RE GOING TO SING

THE SAME REFRAIN THIS AFTERNOON, BUT OTHER PEOPLE ARE ENTITLED

TO TALK. WE ARE ALWAYS RESPECTFUL IN THIS COURTROOM, AND I'M

SUGGESTING TO YOU THAT YOU NO LONGER INTERRUPT EITHER THE COURT


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OR COUNSEL.

GO AHEAD.

MR. RAHMANI: YOUR HONOR, THE GOVERNMENT REQUESTS, IF

MR. JOHNSON DOES SUBSTITUTE OUT, THAT SHADOW COUNSEL BE

APPOINTED. MR. PARK HAS REPRESENTED HIMSELF BEFORE. HE

REPRESENTED HIMSELF IN A CIVIL CASE BEFORE JUDGE BURNS. THE

ALLEGATIONS IN THIS CASE ARE THAT HE PROVIDED FALSE DOCUMENTS

AND TESTIMONY IN THAT CIVIL CASE, AND THAT'S THE BASIS FOR THE

CHARGES IN THIS CASE, SO I DO BELIEVE, BASED ON MR. PARK'S

CONDUCT IN THAT CASE, HIS CONDUCT BEFORE THIS COURT AND BEFORE

MAGISTRATE COURT, THAT SHADOW COUNSEL IS APPROPRIATE. I DON'T

BELIEVE HE HAS SUFFICIENT KNOWLEDGE TO PROCEED PRO PER, AND THE

GOVERNMENT WOULD REITERATE ITS REQUEST THAT COUNSEL BE

APPOINTED.

THE COURT: SHADOW COUNSEL.

MR. RAHMANI: SHADOW COUNSEL, YOUR HONOR.

THE COURT: WE SOMETIMES CALL IT ADVISORY COUNSEL --


THE COURT: -- ADVISORY COUNSEL, STAND-BY COUNSEL,

SOMETIMES IT'S CALLED A CONSULTANT FOR THE COURT. OKAY.

UNDERSTOOD.

LET ME ASK MR. JOHNSON. I DON'T KNOW HOW LONG YOU WERE

INVOLVED IN THIS CASE, MR. JOHNSON, ARE YOU IN A POSITION TO

ACCEPT AN APPOINTMENT AS SHADOW COUNSEL, STAND-BY COUNSEL,

ADVISORY COUNSEL, CONSULTANT TO THE COURT OR NOT IN THIS CASE,


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GIVEN WHAT YOU KNOW, WITHOUT GOING INTO DETAIL, SIR?

MR. JOHNSON: I THINK NOT IN THIS CASE, GIVEN WHAT I

KNOW AND GIVEN MY RELATIONSHIP WITH MR. PARK THAT WOULD NOT BE

HELPFUL, I THINK.

THE COURT: OKAY. SO YOUR REQUEST TODAY IS THAT THE

COURT JUST RELIEVE YOU IN THIS MATTER -- OR ACCEPT THE FACT

THAT YOU'RE NO LONGER IN THIS MATTER, ACCEPT YOUR WITHDRAWAL.

MR. JOHNSON: YES, YOUR HONOR, TO GRANT MY MOTION TO

WITHDRAW, YES.

THE COURT: OKAY. AND THAT WOULD BE YOUR REQUEST.

THE DEFENDANT: YES. I OBJECT TO MR. JOHNSON

TRESPASSING ON MY CASE ANY LONGER. HE'S ALREADY BEEN

TERMINATED.

THE COURT: OKAY. WELL, THERE'S --

THE DEFENDANT: I OBJECT TO SHADOW COUNSEL.

THE COURT: DO YOU UNDERSTAND THERE ARE GOING TO BE

SOME DIFFICULT MOMENTS IN REPRESENTING YOURSELF AND STAND-BY

COUNSEL IS THERE IF YOU HAVE A QUESTION, IF YOU WANT TO USE

SOME ASSISTANCE. IT'S CALLED SHADOW COUNSEL, STAND-BY COUNSEL,

ADVISORY COUNSEL. IT'S A RESOURCE TO YOU, MR. PARK, I THINK

MAYBE I COULD BEST PUT IT THAT WAY. DO YOU UNDERSTAND THE

CONCEPT I'M TRYING TO CONVEY?

THE DEFENDANT: I OBJECT TO IT, ANY SHADOW COUNSEL, BUT

I DON'T -- I DID HEAR WHAT YOU SAID.

THE COURT: OKAY. WHAT'S THE GOVERNMENT'S POSITION ON


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WHERE WE GO FROM HERE?

MR. RAHMANI: YOUR HONOR, WE HAVE A MAXIMUM TRIAL DATE

OF MARCH 21ST.

THE COURT: I THINK IT'S MARCH 23RD NOW.

MR. RAHMANI: OH, MARCH 23RD?

THE COURT: I THINK IT'S MARCH 23RD.

MR. RAHMANI: IN ANY EVENT, YOUR HONOR, IT DOES NOT --

GIVEN THE SPEEDY TRIAL ACT, IT DOESN'T APPEAR THAT MR. PARK IS

CERTAINLY WILLING TO WAIVE ANY OF THOSE RIGHTS. THE GOVERNMENT

WOULD ASK THAT TRIAL BE SET BEFORE THE MAXIMUM TRIAL DATE.

THE COURT: WELL, I'M GOING TO APPOINT STAND-BY

COUNSEL, AND WE'RE GOING TO TAKE THE NAME, ALEX, OFF THE LIST.

THE CLERK: SURE.

THE COURT: I'M GOING TO ACCEPT -- GRANT THE MOTION TO

WITHDRAW, MR. JOHNSON.

MR. JOHNSON: THANK YOU, YOUR HONOR.

THE COURT: I THINK THERE'S A NEED FOR A MOTION HEARING

DATE IN THIS MATTER, AND THE REASON I SAY THAT PAPERWORK HAS

BEEN FILED BY MR. PARK. IT'S BEEN RECENT. IT'S HARD TO

DISCERN THE NATURE OF WHAT IT IS. I'M INCLINED TO CONSTRUE IT

AS A MOTION TO DISMISS. I THINK WHAT WE NEED IN THIS MATTER IS

A TRIAL DATE, AN IN LIMINE DATE, A MOTION HEARING DATE, AND

IT'S ALL IN FAIRLY QUICK ORDER.

BUT, ALEX, WHO IS NEXT?

THE CLERK: DONALD LEVINE, PHONE NUMBER 619-615-6200.


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DONALD LEVINE.

THE COURT: HE IS APPOINTED, MR. PARK, AS ADVISORY,

STAND-BY COUNSEL. THE GOVERNMENT REFERRED TO HIM AS A SHADOW

COUNSEL. I REFERRED TO HIM AS A RESOURCE.

DID YOU GET HIS NAME AND NUMBER, SIR?

THE DEFENDANT: I WROTE IT DOWN.

THE COURT: OKAY. THANK YOU. WE DO HAVE A MAXIMUM

TRIAL DATE IN THIS MATTER. I THINK I DO HAVE A MOTION ON FILE

BECAUSE I'M CONSTRUING --

YOU FILED A LOT OF PAPERS, TRUE? WE COULD AGREE ON

THAT, RIGHT?

THE DEFENDANT: YES.

THE COURT: YOU FILED SOME PAPERWORK. I'M NOT REALLY

SURE -- I HAVEN'T HAD ENOUGH TIME TO SIT DOWN AND ACTUALLY GO

THROUGH ALL OF IT, BUT MY SENSE OF IT IS BASICALLY A LITTLE BIT

ALONG THE LINES OF WHAT YOU SAID THIS AFTERNOON. HE'S

OBJECTING TO JURISDICTION, OBJECTING TO A LOT OF THINGS,

OBJECTING TO BEING HERE. SO PUTTING IT IN A PARLANCE THAT WE

WOULD NORMALLY USE, I'M GOING TO SUGGEST THAT THAT'S A MOTION

TO DISMISS, WHICH MEANS --

THE DEFENDANT: IT IS.

THE COURT: -- YOU'RE GOING TO GET TO FILE A RESPONSE,

AND THE COURT'S GOING TO GET TO RULE ON IT.

SO I THINK WHAT WE NEED WILL BE A MOTION HEARING DATE,

THEN MOTIONS IN LIMINE, AND A TRIAL DATE, ALL BEFORE WE GET TO


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THE MAXIMUM TRIAL DATE, WHICH I'LL DOUBLE-CHECK BUT I THINK

IT'S MARCH 23RD, WHICH ISN'T FAR AWAY.

MR. JOHNSON: YOUR HONOR, ONE THING IS THAT MOTIONS

WERE FILED UNDER A DIFFERENT CASE NUMBER. THERE'S A NEW CASE

NUMBER NOW. I THINK WHEN THE CASE WAS INDICTED IT LOOKS TO ME

IT'S GOT A 12 NUMBER, AND NEITHER MR. PARK NOR THE GOVERNMENT

ADDRESSED THIS, BUT I'M ASSUMING HE WANTS ALL HIS MOTIONS AND

HIS FILINGS TRANSFERRED FROM ONE CASE TO THE OTHER.

THE COURT: THANK YOU, MR. JOHNSON, THAT WAS AN

IMPORTANT POINT.

EVERYTHING THAT WAS FILED IN THE 5297 CASE NOW NEEDS TO

BE FILED IN THE 0494 CASE, ALL MOTIONS, YOUR PAPERWORK, SIR,

BECAUSE THERE'S A NEW CASE.

THE DEFENDANT: I OBJECT. ALL OF THE THINGS THAT WE

FILED HAVE -- SOME HAVE BEEN REJECTED AND SOME HAVE BEEN

PURPOSELY NOT ADDED TO THE DOCKET, I WANTED TO PUT THAT ON THE

RECORD, AND WE DO HAVE THAT IN THE EXHIBITS.

THE COURT: SIR, I'M GOING TO TAKE A MOMENT AND EXPLAIN

TO YOU, WE DO THINGS BY CERTAIN PROCEDURES. I REJECT DOCUMENTS

EVERY DAY FROM LAWYERS, AND IF YOU CHOOSE TO REPRESENT

YOURSELF, WHICH I BELIEVE THAT'S WHAT YOU'RE CHOOSING TO DO,

WITH THE ASSISTANCE OF MR. LEVINE, WHO WILL BE YOUR STAND-BY

COUNSEL, I WILL CONTINUE TO REJECT THOSE DOCUMENTS BY THE SAME

STANDARDS AND GUIDELINES THAT I ALWAYS HAVE. IF DOCUMENTS HAVE

BEEN REJECTED, THEY WOULD HAVE BEEN REJECTED BY ANYBODY. SOME


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DOCUMENTS THOUGH -- THE DOCUMENTS I'M TALKING ABOUT HAVE BEEN

ACCEPTED, SO I HAVE DOCUMENTS FROM YOU, SIR, THAT HAVE BEEN

ACCEPTED THAT I'M CONSTRUING AS A MOTION TO DISMISS, BUT MR.

JOHNSON IS ABSOLUTELY RIGHT, WE STARTED OUT WITH AN

INFORMATION. NOW WE HAVE AN INDICTMENT. IT'S GOT A DIFFERENT

NUMBER. YOU NEED TO REFILE UNDER THE NEW NUMBER. ANYBODY

WOULD HAVE TO, MR. JOHNSON WOULD, ANY LAWYER.

THE DEFENDANT: WE'VE BEEN FILING UNDER THE NEW NUMBER.

THE COURT: PARDON?

THE DEFENDANT: WE HAVE BEEN FILING UNDER THE NEW

NUMBER.

THE COURT: UNDER THE 494 NUMBER?

MR. JOHNSON: I THINK HE'S JUST CONFUSED ON THAT POINT.

HE DIDN'T REALIZE THERE WAS EVEN A NEW CASE NUMBER. I DIDN'T

MENTION IT TO HIM. IT'S IN THE INDICTMENT IS ALL.

THE COURT: SO YOU'VE GOT TO FILE UNDER THE INDICTMENT

OTHERWISE THE MOTIONS DON'T GET HEARD.

I DON'T PRACTICE LAW. I AM LIKE THE REFEREE ON THE

FIELD. I'M LIKE THE REFEREE ON THE FIELD. I'M NOT FOR ONE

TEAM OR THE OTHER TEAM. I'M JUST HERE CALLING THE BALLS AND

STRIKES, MR. PARK, I MEAN, THINK OF IT THAT WAY. SO THAT'S WHY

YOU'RE GOING TO HAVE STAND-BY COUNSEL TO EXPLAIN TO YOU WHAT

I'M SAYING.

BUT WHAT I'M TELLING YOU, I'M TRYING TO MAKE THIS AS

CLEAR AS I CAN, YOU NOW NEED TO FILE EVERYTHING UNDER THE


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INDICTMENT THAT WAS FILED BECAUSE THAT'S GOT A NEW NUMBER, AND

IT'S THE WAY THINGS WORK.

THE DEFENDANT: THE INDICTMENT I WAS JUST SERVED TODAY.

THE COURT: YES, SIR.

THE DEFENDANT: I DIDN'T REALIZE THAT HAD A DIFFERENT

NUMBER. YOU'RE RIGHT.

THE COURT: OKAY. SO --

MR. RAHMANI: AND, YOUR HONOR, I APOLOGIZE --

THE COURT: THAT'S OKAY. GO AHEAD.

MR. RAHMANI: THE GOVERNMENT'S JUST FILED A MOTION FOR

RECIPROCAL DISCOVERY. I'LL MAKE SURE TO FILE THAT IN THE

INDICTED CASE AS WELL.

THE COURT: OKAY. VERY WELL. SO YOU NEED TO REFILE AS

SOON AS POSSIBLE, MR. PARK. YOU'RE GOING TO FILE.

BUT LET ME GO BACK TO SOMETHING. I'VE GONE THROUGH A

LITANY OF QUESTIONS WITH YOU, MR. PARK, WITH REGARD TO YOUR

BACKGROUND AND EXPERIENCE AND UNDERSTANDING TO REPRESENT

YOURSELF. I WANT TO GO BACK AND SEE IF YOU STILL WANT TO DO

THAT, SIR, IN LIGHT OF OUR DISCUSSION THIS AFTERNOON. DO YOU

WANT TO GIVE UP YOUR RIGHT TO BE REPRESENTED?

THE DEFENDANT: AT THIS TIME I OBJECT, AND I AM

REPRESENTING MYSELF.

THE COURT: OKAY. AND YOUR DECISION IS A VOLUNTARY

ONE, SIR?

THE DEFENDANT: YES.


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THE COURT: OKAY. AND I WILL SAY THAT YOU HAVE MADE A

KNOWING AND VOLUNTARY WAIVER OF YOUR RIGHT TO COUNSEL AND I

WILL LET YOU PROCEED, BUT I HAVE APPOINTED STAND-BY COUNSEL.

YOU CAN THINK OF IT ANOTHER WAY AS A LITTLE BIT OF A SAFETY

NET.

THE DEFENDANT: I CAN'T BE REPRESENTED BY COUNSEL

BECAUSE I AM -- I'M NOT A CORPORATION. I'M A LIVING MAN.

THE COURT: WELL, YOU CAN TALK TO MR. LEVINE, MR.

LEVINE IS JUST THERE AS A RESOURCE. HE'S NOT REPRESENTING YOU.

YOU'RE REPRESENTING YOURSELF BECAUSE THAT'S WHAT YOU'VE ASKED

TO DO, AND -- BUT HE'S THERE AS A SAFETY NET. HE'S THERE AS

STANDBY. HE'S THERE AS SHADOW COUNSEL. THERE ARE A LOT OF

DIFFERENT WORDS, BUT WHAT IT MEANS IS WHEN THE GOING GETS

TOUGH, AND YOU DON'T KNOW WHAT TO DO OR HOW TO DO IT, WHICH MAY

HAPPEN, YOU CAN ASK MR. LEVINE FOR SOME ADVICE AND SOME

THOUGHTS.

SO I WANT TO SET SOME DATES IN THIS MATTER, GIVEN WHERE

WE ARE, AND I KNOW MOTIONS WILL BE FORTHCOMING, AND I HAVE ONE,

COUNSEL, THAT I'M DEEMING -- WHICH WAS ACCEPTED BY THE CLERK'S

OFFICE AND NOT RETURNED -- OR DISCREPANCIES, I DO BELIEVE, AND

WE'LL DEEM THAT A MOTION TO DISMISS. SO LET'S SET A MOTION

HEARING FOR THAT, AND YOU'RE GOING TO NEED TO FILE A RESPONSE.

MR. RAHMANI: CERTAINLY, YOUR HONOR. I HAVEN'T

RECEIVED THAT DOCUMENT SO I DON'T KNOW IF MR. PARK --

THE DEFENDANT: IT WAS SUBMITTED TODAY.


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THE COURT: OKAY. WELL, YOU'LL BE FILING YOUR

DOCUMENTS WITH A COPY TO THE COURT AND A COPY TO COUNSEL.

SO HOW SOON CAN WE SET THE MOTION HEARING DATE? MAYBE

WE SHOULD DO IT BASED ON THE TRIAL DATE, ALEX. IF WE HAVE A

MAXIMUM TRAIL DATE --

THE DEFENDANT: I WOULD REQUEST SOME TIME TO GET MYSELF

UP TO PAR WITH THE DISCOVERY. I STILL DON'T BELIEVE I'VE

RECEIVED ALL OF THE DISCOVERY.

THE COURT: OKAY. LET'S STOP RIGHT THERE AND ASK WHAT

THE DISCOVERY IS IN THIS MATTER AND HOW VOLUMINOUS IT IS,

COUNSEL.

MR. RAHMANI: YOUR HONOR, IT'S 51 PAGES. IT'S NOT VERY

VOLUMINOUS.

THE COURT: ARE YOU PREPARED TO TURN IT OVER?

MR. RAHMANI: YES, YOUR HONOR. WE HAVE TURNED IT OVER,

AND I'LL TURN IT OVER DIRECTLY TO MR. PARK AS WELL.

THE COURT: SO MR. JOHNSON HAD IT.

MR. RAHMANI: YES, YOUR HONOR. THIS WAS A

PRE-INDICTMENT CASE SO DISCOVERY WAS PROVIDED AT THE TIME

WAIVER STAGE.

THE COURT: AND THAT'S ALL THERE IS. THERE ISN'T

ANYTHING ELSE THAT YOU HAVE TO DISCLOSE, SIR?

MR. RAHMANI: I DON'T BELIEVE SO. I'LL CERTAINLY

DOUBLE-CHECK.

THE DEFENDANT: ANY VIDEOS OR AUDIOS OR ANYTHING? I


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HAVEN'T RECEIVED ANYTHING.

MR. RAHMANI: YOUR HONOR, THE PRIMARY DOCUMENTS IN THIS

CASE ARE PUBLIC DOCUMENTS THAT MR. PARK FILED HIMSELF IN THE

CIVIL MATTER, AND THE TESTIMONY THAT HE GAVE IN THAT CIVIL

MATTER, WE PROVIDED THOSE DOCUMENTS AND THAT TRANSCRIPT TO MR.

PARK.

THE COURT: LET ME JUST STOP, MR. JOHNSON, DID YOU

RECEIVE FULL DISCOVERY IN THIS MATTER ALONG THE LINES OF WHAT

GOVERNMENT COUNSEL IS SUGGESTING?

MR. JOHNSON: I RECEIVED I THINK IT WAS 51 PAGES, YES.

THE COURT: AND IS MR. PARK IN RECEIPT OF THAT?

MR. JOHNSON: I E-MAILED IT TO HIM, YES.

THE COURT: OKAY. SO YOU --

THE DEFENDANT: I NEVER RECEIVED ANYTHING. HE ASKED

MR. RAHMANI FOR THE DISCOVERY EVIDENCE WHEN I ASKED HIM THAT I

DIDN'T RECEIVE IT BEFORE -- YOU KNOW, AFTER TRYING TO GET ME TO

SIGN A PLEA AGREEMENT.

THE COURT: OKAY, LET'S DO THIS, LET'S -- MR. RAHMANI,

YOU DOUBLE-CHECK ON EVERYTHING. AND MR. JOHNSON, YOU E-MAIL IT

AGAIN TO MR. PARK. EVERYBODY MAKE SURE THAT MR. PARK GETS IT.

I THINK YOU MAY ALREADY HAVE IT, BUT IN AN ABUNDANCE OF

CAUTION --

THE DEFENDANT: I DO NOT HAVE IT.

MR. RAHMANI: YOUR HONOR, I'LL PRODUCE ANOTHER SET THIS

AFTERNOON.


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THE COURT: OKAY, AND SO HE'LL HAVE IT FORTHWITH.

MR. RAHMANI: YES.

THE COURT: OKAY. VERY WELL. SO LET'S SET A MOTION

HEARING ON THE MOTION TO DISMISS.

MY MAXIMUM TRIAL DATE AGAIN, ALEX, WOULD --

THE DEFENDANT: CAN I GIVE YOU THIS BECAUSE I DON'T

KNOW IF YOU RECEIVED A COPY OF WHAT WE FILED TODAY THAT I GAVE

MR. RAHMANI RIGHT NOW. IT IS A MOTION TO DISMISS AND TO QUASH

THE SUMMONS AND COMPLAINT.

THE COURT: I HAVE IT.

THE DEFENDANT: YOU GOT IT, OKAY.

THE COURT: THESE ARE COMING TO ME, MR. PARK, AND MR.

RAHMANI, AND MAYBE DISCREPANCY BACK, BUT WE'RE GOING TO HAVE TO

PROCEED IN SOME FASHION TO MAKE SOME FORWARD MOVEMENT HERE. DO

YOU UNDERSTAND?

MR. RAHMANI: YES, YOUR HONOR.

THE COURT: I MEAN, THERE ARE PROBLEMS WITH THE WAY

YOU'RE FILING THE DOCUMENTS THAT CAUSE THEM TO BE

DISCREPANCIES. I CAN'T SIT DOWN AND TELL YOU HOW TO FILE THEM

PROPERLY, BUT I CAN TELL YOU THAT IT'S COME TO ME, BUT IT COMES

TO ME WITH A SHEET THAT ASKS ME TO REJECT IT BECAUSE IT'S NOT

PROPERLY DONE.

BUT HAVING SAID THAT, LET'S START WITH THE TRIAL DATE

AND BACK OUT OF THIS. SO THE TRIAL DATE NEEDS TO BE BY THE

23RD I SAID, CORRECT?


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MR. RAHMANI: YES, YOUR HONOR.

THE COURT: THE 23RD OF MARCH, WHICH MEANS WE BASICALLY

NEED TO START IT ON MONDAY, THE 19TH OF MARCH, RIGHT, ALEX?

THE CLERK: THAT'S CORRECT, YOUR HONOR, AND YOU ARE

DOUBLE SET.

THE COURT: I'M REAL BUSY THAT DAY, BUT ASSUMING WE GO,

I'LL KEEP THIS ONE. SO LET'S SET THE TRIAL. IS THIS A JURY

TRIAL?

IT'S A JURY RILE TRIAL, RIGHT, MR. PARK?

THE DEFENDANT: YES.

MR. RAHMANI: I DON'T BELIEVE MR. PARK HAS WAIVED RIGHT

TO JURY, SO I DO BELIEVE --

THE COURT: I DON'T BELIEVE SO. SO THIS IS A JURY

TRIAL, ALEX, SET TO BEGIN MONDAY, MARCH THE 19TH, AT 9:00 A.M.

THE DEFENDANT: WE HAVE NOT RECEIVED ANY GRAND JURY

INDICTMENT YET. IS THAT WHAT THIS WAS JUST GIVEN TO ME TODAY

BECAUSE I HAVEN'T HAD A CHANCE TO LOOK AT IT. I GUESS THAT'S

WHAT THIS IS. SO YOU'RE GIVING ME ONLY A FEW WEEKS TO GO OVER

ALL THIS DISCOVERY AT THIS LATE OF NOTICE?

THE COURT: WELL, I'M SETTING DATES RIGHT NOW IS WHAT

I'M DOING, AND SO WE'LL SEE WHERE WE GO.

THE DEFENDANT: OKAY.

THE COURT: SO TRIAL'S GOING TO BEGIN MARCH 19TH. MR.

RAHMANI, HOW LONG A TRIAL IS THIS? I'M PRETTY QUICK WITH JURY

SELECTION, AND INSTRUCTING, AND ARGUMENT. I WILL SET TIME


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LIMITS ON ARGUMENT. I WILL PERMIT SOME LIMITED VOIR DIRE, IF

REQUESTED. BUT WHAT DO YOU THINK FOR THE GOVERNMENT'S

CASE-IN-CHIEF, SIR?

MR. RAHMANI: YOUR HONOR, NORMALLY I WOULD SAY THIS IS

A TWO-DAY JURY TRIAL MAXIMUM, BUT, GIVEN THESE UNIQUE

CIRCUMSTANCES, I DON'T KNOW IF WE'LL PROCEED AS QUICKLY AS WE

NORMALLY DO.

THE COURT: SO I'M GOING TO HOLD FOUR DAYS FOR THIS

MATTER.

NOW, MAYBE WE COULD SET A MOTION HEARING TOGETHER WITH

IN LIMINES.

MR. RAHMANI: THAT WOULD WORK, YOUR HONOR.

(DISCUSSION HELD OFF THE RECORD.)

THE COURT: I'M LOOKING AT, COUNSEL, MARCH THE 2ND FOR

MOTIONS AND MOTIONS IN LIMINE.

MR. RAHMANI: THAT WORKS, YOUR HONOR.

THE COURT: AND WHAT TIME WOULD THAT BE, ALEX?

THE CLERK: 2:00.

THE COURT: AT 2:00 P.M. I WANT ALL MOTIONS, MOTIONS

IN LIMINE, AND OPPOSITIONS, I WANT THEM INTO THE COURT A FULL

WEEK IN ADVANCE OF THE MARCH 2ND HEARING -- THAT GIVES ME

ADEQUATE TIME -- OR AS SOON AS POSSIBLE. WE'LL HAVE A JURY UP

HERE ON MONDAY, THE 19TH, AND BE SET TO GO.

I THINK THAT COVERS EVERYTHING FROM THIS AFTERNOON.

LET ME JUST GO THROUGH BECAUSE I'VE GOT A LOT OF PAPERS HERE.


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I'VE RELIEVED MR. JOHNSON. I'M PERMITTING YOU TO

SELF-REPRESENT. I'VE APPOINTED STAND-BY COUNSEL.

MR. RAHMANI: YOUR HONOR, THE ONLY OUTSTANDING ISSUE IS

JUST TO DISMISS THE INFORMATION CASE WITHOUT PREJUDICE.

THE COURT: OKAY. THE UNDERLYING CASE, WHICH IS THE

5297 CASE, IS DISMISSED WITHOUT PREJUDICE, UNDERSCORING THE

FACT THAT EVERYTHING NEEDS TO BE REFILED IN THE 0494 NUMBER, IF

IT'S TO BE CONSIDERED IN THIS MATTER.

SO I THINK THAT COVERS EVERYTHING. THE MOTION HEARING,

THE MOTIONS IN LIMINE, MARCH 2ND AT 2:00 P.M. THE TRIAL BEGINS

MARCH 19TH, JURY TRIAL.

MR. RAHMANI, MR. PARK, EVEN THOUGH I'VE RELIEVED YOU,

MR. JOHNSON, IS THERE ANYTHING ANYBODY CAN THINK OF THAT WE

NEED TO GO OVER? I THINK THIS SETS THIS ON A COURT. IF

ANYTHING COMES UP, SINCE YOU'RE REPRESENTING YOURSELF, YOU CAN

TALK TO MR. RAHMANI, HE CAN TALK TO YOU, IF THERE'S AN ISSUE,

AND WE'LL TAKE IT FROM THERE.

YOU'LL SEE THAT MR. LEVINE GETS THE FILE?

MR. JOHNSON: I'LL COPY HIM WITH MY E-MAIL.

THE COURT: YOU'LL COPY HIM WITH AN E-MAIL SO HE KNOWS

WHAT THIS IS ABOUT. THE COURT WILL NOTIFY HIM AND TELL HIM

HE'S BEEN APPOINTED IN THIS CAPACITY, AND WE'LL SEE WHAT

HAPPENS.

(DISCUSSION OFF THE RECORD.)

THE COURT: OH, THANK YOU. IN ADDITION, BECAUSE THERE


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WERE TWO CASES, THE BOND THAT WAS POSTED IN THE 5297 CASE WILL

CARRY OVER TO THE 0494 CASE. YOU WILL REMAIN ON BOND, MR.

PARK, ON THE SAME TERMS AND CONDITIONS.

AND I THINK THAT TAKES CARE OF EVERYTHING FOR TODAY

UNTIL WE MEET FOR THE MOTION HEARING.

MR. JOHNSON: THANK YOU, YOUR HONOR.

THE COURT: THANK YOU, MR. JOHNSON. I APPRECIATE YOUR

ASSISTANCE, MR. RAHMANI. MR. PARK, THANK YOU.

WE'RE GOING TO TAKE A BRIEF BREAK. WE'LL BE IN RECESS

FOR A FEW MINUTES. THANK YOU.

MR. RAHMANI: THANK YOU, YOUR HONOR.

(THE HEARING CONCLUDED.)

C E R T I F I C A T E

I, GAYLE WAKEFIELD, CERTIFY THAT I AM A DULY

QUALIFIED AND ACTING OFFICIAL COURT REPORTER FOR THE UNITED

STATES DISTRICT COURT, THAT THE FOREGOING IS A TRUE AND

ACCURATE TRANSCRIPT OF THE PROCEEDINGS AS TAKEN BY ME IN THE

ABOVE-ENTITLED MATTER ON FEBRUARY 10, 2012; AND THAT THE FORMAT

USED COMPLIES WITH THE RULES AND REQUIREMENTS OF THE UNITED

STATES JUDICIAL CONFERENCE.

DATED:_______________ /S/ GAYLE WAKEFIELD

GAYLE WAKEFIELD, RPR, CRR

OFFICIAL COURT REPORTER


Sean Michael Park's Felony Arraignment Transcript

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Transcript of Sean Michael Park's Felony Arraignment Transcript