STATE OF MICHIGAN IN THE MICHIGAN SUPREME COURT … · I, Penny C. Freelon, Official Court Reporter...
Transcript of STATE OF MICHIGAN IN THE MICHIGAN SUPREME COURT … · I, Penny C. Freelon, Official Court Reporter...
STATE OF MICHIGAN
IN THE MICHIGAN SUPREME COURT
______________________________________
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
vs Michigan Supreme Court No. 158716
GARY GILMORE,
Defendant-Appellant. ______________________________________
Court of Appeals No. 334205
Circuit Court No. 16-003006-01-FH
______________________________________
On Appeal from the Court of Appeals
M.J. Kelly, P.J., and Markey and Fort Hood, JJ.
PLAINTIFF-APPELLEE’S APPENDIX
KYM WORTHY
Prosecuting Attorney
County of Wayne
JASON W. WILLIAMS
Chief of Research, Training,
and Appeals
AMANDA MORRIS SMITH (P73127)
Assistant Prosecuting Attorney
1441 St. Antoine, 11th
Floor
Detroit, Michigan 48226
(313) 224-5787
RE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
- i -
INDEX OF APPENDICES
April 15, 2016 Arraignment Transcript
1b-7b
Third Circuit Court Register of Actions for
case no. 16-003006-01-FH
8b-13b
RE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
1
THE STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE
CRIMINAL DIVISION
THE PEOPLE OF THE STATE OF MICHIGAN,
-vs- Case No. 16-003006 01
GARY GILMORE,
Defendant.
_______________________ /
ARRAIGNMENT HEARING
BEFORE THE HONORABLE MARGIE R. BRAXTON, CIRCUIT COURT JUDGE
Detroit, Michigan, Friday, April 15, 2016
APPEARANCES:
For the People: ANGELA TRIPI P-(Not Listed) 1441 St. Antoine Street
Detroit, MI. 48226 (313) 224-5777
For the Defendant: JAMES A. PARKER P-53832613 Abbott Street Detroit, MI. 48226 (313) 967-5555
Recorded/Transcribed by: Ms. Penny C. Freelon/CSMR 6240
AOI transcript, 04-15-2016 1bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
2
TABLE OF CONTENTS
WITNESS: PAGE
NONE.
EXHIBIT:
NONE.
AOI transcript, 04-15-2016 2bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
3
Detroit, Michigan 1
Friday, April 15, 2016, at 10:40 a.m. 2
THE CLERK: This is the People of the State of Michigan -v- Gary 3
Gilmore. 4
This matter is before the Court for Arraigned on the Information. 5
MS. TRIPI: Angela Tripi, representing the People, Your, Honor. 6
THE COURT: Yes, Ma’am. 7
MR. PARKER: Good morning. 8
THE COURT: Good morning. 9
MR. PARKER: James Parker, on behalf of Mr. Gilmore. 10
THE COURT: Good morning to you, and your client. 11
Today is the date and time set for an Arraignment, Mr. Parker. 12
MR. PARKER: Your, Honor. 13
THE COURT: Yes, Sir. 14
MR. PARKER: We’d waive the formal reading. 15
We stand mute to the charges. 16
THE COURT: The Court will enter a plea of not guilty on your 17
client’s behalf. 18
MR. PARKER: Your, Honor. 19
THE COURT: What do you want to do with this case, Mr. Parker? 20
MR. PARKER: Your, Honor, I would like to put it up for a Docket 21
Conference on this particular matter. 22
THE COURT: All right. 23
MR. PARKER: It is uh - - 24
THE COURT: The bind over date is the 8th of April. 25
AOI transcript, 04-15-2016 3b
RE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
4
How much time do you need, Mr. Parker? 1
MR. PARKER: Could we have the maximum on this, Your, Honor? 2
THE COURT: Is he in? 3
MR. PARKER: He is in. 4
THE COURT: Are you addressing the issue of bond? 5
MR. PARKER: I - - 6
THE COURT: Okay. 7
Go ahead. 8
MR. PARKER: We do have a Pre-Sentence Report. 9
THE COURT: All right. 10
MR. PARKER: A Pre-Trial Services Report. 11
I didn’t know we had one. 12
THE COURT: I didn’t either. 13
MR. PARKER: So, we will give it to you. 14
THE COURT: Madame Prosecutor, have you seen it as well? 15
MS. TRIPI: I just glanced at it. 16
THE COURT: Does that mean yes? 17
MS. TRIPI: Yes, Your, Honor. 18
THE COURT: What do you want to say about this? 19
MR. PARKER: Your, Honor, uh, my client is requesting a Bond 20
Hearing, obviously. 21
The Pre-Trial Services does discuss some of his pluses and 22
minuses. At the very end, it does recommend that his bond be reduced. We are 23
asking that you follow the Pre-Trial Services Report. 24
THE COURT: All right. 25
AOI transcript, 04-15-2016 4bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
5
MR. PARKER: It does recommend that it is a GPS tether. 1
THE COURT: All right. 2
MR. PARKER: I have no problems with that. 3
It is a Retail Fraud case. I know they charged other crimes with it. 4
THE COURT: Anything further, Madame Prosecutor? 5
MS. TRIPI: Yes, Your, Honor. 6
Considerations for this case is a fairly substantial restitution that is 7
owed to Home Depot, for approximately 52 transactions that have occurred at 8
different locations, through the fraud and retail organized crime. 9
He has an extensive history; but the People agree with the Pre-10
Sentence Investigation Report, as long as there is a GPS tether, with some sort 11
of accountability. 12
THE COURT: All right. 13
We will give him - - we will adopt the recommendation of the Pre-14
Trial Services . . . strike that for a moment. He has a lot of matters from 36th 15
where he has failed to appear. 16
Mr. Parker, I am going to deny that. 17
MR. PARKER: All right, Your, Honor. 18
MS. TRIPI: Thank you, Your, Honor. 19
THE COURT: So, we will give him a date. 20
MR. PARKER: Please. 21
THE COURT: Do you need all of the time, because he is in jail? 22
MR. PARKER: Well, they do have a number of videos, and that 23
type of thing. 24
THE COURT: Oh, I see. 25
AOI transcript, 04-15-2016 5bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
6
MR. PARKER: Okay. 1
What date - - what is the maximum date we could go out to? 2
THE COURT: Well, because he is in, I wouldn’t like to go over 10-3
days. 4
MR. PARKER: The 10-days. 5
Okay, well, uh, just set it over for uh, a week or - - 6
THE COURT: I would like a week from Monday. 7
MR. PARKER: A week from Monday would be fine. 8
THE COURT: Do you want the 25th? 9
MR. PARKER: That would be fine. 10
THE COURT: All right. 11
April 25th. 12
13
(Court proceedings concluded at 10:43 a.m.) 14
15
16
17
18
19
20
21
22
23
24
25
AOI transcript, 04-15-2016 6bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
7
CERTIFICATION OF COURT REPORTER
STATE OF MICHIGAN)
COUNTY OF WAYNE)
I, Penny C. Freelon, Official Court Reporter for the Third Circuit Court in the
County of Wayne-Criminal Division, State of Michigan, do hereby certify this transcript.
It consists of seven – pages. The transcript is a complete, true, and correct account of
the proceedings, and testimony taken in this case on Friday, April 15, 2016, before the
Honorable Margie R. Braxton.
August 11, 2016 Ms. Penny C. Freelon /#6240
Dated Signature
Ms. Penny C. Freelon/CSMR
1441 St. Antoine Street
Detroit, Michigan, 48226
(313) 224-2231
Ms. Penny C. Freelon
AOI transcript, 04-15-2016 7bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
Third Circuit Court Register of Actions, 16-003006-01-FH 8bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
State of Michigan v Gary Gilmore
THIRD JUDICIAL CIRCUIT OF MICHIGAN
REGISTER OF ACTIONS CASE No. 16-003006-01-FH
§ Location: § Judicial Officer: § Filed on: § Case Number History: § Case Tracking Number: § CRISNET/Incident No.: § Transaction Control § Number:
CASE INFORMATION
Criminal Division Callahan, James A. 04/08/2016
16705863-01 16705863-01 16-2247 E4-16082007P
Offense I. ORGANIZED RET AlL CRIME
Statute 7521084
Deg Date Case Type: Noncapital Felonies 03/22/2016
Arrest: 03/22/2016 PLD35 - Plymouth Police 2. Computers - Using to Commit a Crime - 7527973D
Maximumimprisonment of 4 Years or More But
Arrest: 03/22/2016 PLD35 - Plymouth Police 3. Financial Transaction Device - Possession 750157P
Arrest: 03/22/2016 PLD35 - Plymouth Police 4. Financial Transaction Device -uttering and 750248A
Publishing Arrest: 03/22/2016 PLD3 5 - Plymouth Police
5. Stolen Property - Receiving and 7505354A Concealing$200 00 or More But Less Than $1,000 0
Arrest: 03/22/2016
Statistical Closures 05/18/2016 Guilty Plea
PLD35 - Plymouth Police
03/22/2016
03/22/2016
03/22/2016
03/22/2016
PARTY INFORMATION
Plaintiff
Defendant
Appellate Attorney
DATE
03/24/2016
03/24/2016
State of Michigan
Gilmore, Gary Black Male
Blaney, Mary Ellen Removed: 10/10/2017 Removed
Haradhvala, Adil N. Removed: 07/19/2017 Removed
Helton, Steven Daniel Removed: 06/04/2018 Removed
Office, Appellate Defenders
EVENTS & ORDERS OF THE COURT
Arraignment on Warrant (Judicial Officer: Lowe, Ronald W) Resource: Court Rpt/Rec OCR Reporter, Out County
Defendant Stands Mute; Plea Of Not Guilty Entered By Court
Plea (Judicial Officer: Lowe, Ronald W) I. ORGANIZED RETAIL CRIME
PAGE I OF 6
Case Status: 06/15/2016 Final
Case Flags: Habitual Offender Restitution Case has PDF Electronic Transcripts Case has PDF PE Electronic Transcripts
Lead Attorneys Glynne, Micheal Sean
(313) 224-5742(W)
Defenders, Legal Aid and Court Appointed
INDEX
Primed on 09! / 9/2() / 9at 3:0./ PM
Third Circuit Court Register of Actions, 16-003006-01-FH 9bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
03/24/2016
03/24/2016
03/24/2016
03/24/2016
04/08/2016
THIRD JUDICIAL CIRCUIT OF MICHIGAN
REGISTER OF ACTIONS CASE No. 16-003006-01-FH
Defendant Stand Mute: Plea of Not Guilty Entered by Court
2. Computers - Using to Commit a Crime - Maximumimprisonment of 4 Years or More But
Defendant Stand Mute: Plea of Not Guilty Entered by Court
3. Financial Transaction Device - Possession Defendant Stand Mute: Plea of Not Guilty Entered by Court
4. Financial Transaction Device -uttering and Publishing
Defendant Stand Mute: Plea of Not Guilty Entered by Court
5. Stolen Property - Receiving and Concealing$200 00 or More But Less Than $1,000 0
Defendant Stand Mute: Plea of Not Guilty Entered by Court
Recommendation for Warrant
Habitual Offender
Warrant Signed
Interim Condition for Gilmore, Gary (Judicial Officer: Lowe, Ronald W) - IO% or Cash or Surety
$100,000.00
Preliminary Examination (Judicial Officer: Gerou, Michael) Resource : Court Rpt/Rec CRKJl76 Jasin, Kay
Waived/Bound Over
04/08/2016 Bond Continued
04/08/2016 llij;'! I~ Bind over Packet
04/08/2016 Bound Over
04/08/2016
04/15/2016
04/15/2016
Added by Document Sharing
Refer To Pre-Trial Services For a Bond Review DUE DATE SID# BOND TYPE: BOND AMOUNT:$
Arraignment On Information (Judicial Officer: Braxton, Margie R.) Resource: Court Rpt/Rec 6240 Freelon, Penny
Resource: Courtroom Clerk C5922 Body, Emma
Held
AOI Plea Defendant Stand Mute: Plea of Not Guilty Entered by Court
04/ 15/2016 Bond
04/15/2016
04/25/2016
04/29/2016
Motion to Reduce Bond/Denied;
Interim Condition for Gilmore, Gary (Judicial Offi cer: Braxton, Margie R.) - Remand
Disposition Conference (.Judicial Officer: Braxton, Margie R.) Resource : Court Rpt/Rec 6240 Freelon, Penny
Resource : Courtroom Clerk C5922 Body, Emma
Held
Calendar Conference (.Judicial Officer: Callahan, James A. ) Resource : Court Rpt/Rec 4870 Roberts, Theresa
Resource: Courtroom Clerk C594 I Lamar, Irene
f-!efd
PAGE 2 Of 6 Printed on ()9/1912019 at 3:()./ PM
Third Circuit Court Register of Actions, 16-003006-01-FH10bR
EC
EIV
ED
by MSC
10/3/2019 8:35:32 AM
THIRD JUDICIAL CIRCUIT OF MICIIIGAN
REGISTER OF ACTIONS CASE No. 16-003006-01-FH
04/29/2016 Motion For Discovery Filed
04/29/2016 Interim Condition for Gilmore, Gary (Judicial Officer: Callahan, James A.) - Remand
05/18/2016 Final Conference (Judicial Officer: Callahan, James A.)
05/18/2016
05/18/2016
05/18/2016
05/18/2016
05/18/2016
06/13/2016
06/15/2016
06/15/2016
06/15/2016
06/15/2016
06/15/2016
Resource: Court Rpt/Rec 1374 Kahn, Audrey
Resource: Courtroom Clerk C5941 Lamar, Irene
Plea Entered and Accepted
Order For DNA Sample - Signed and Filed
Refer to Probation For Pre-Sentence Report
Plea of Guilty Accepted
Disposition (Judicial Officer: Callahan, James A.) 1. ORGANIZED RETAIL CRIME
Pied Guilty
2. Computers - Using to Commit a Crime - Maximumimprisonment of 4 Years or More But
Pied Guilty
3. Financial Transaction Device - Possession
Dismissed 4. Financial Transaction Device -uttering and Publishing
Dismissed
5. Stolen Property - Receiving and Concealing$200 00 or More But Less Than $1,000 0
Dismissed
Interim Condition for Gilmore, Gary (Judicial Officer: Callahan, James A.) - Remand
Sentencing (Judicial Officer: Callahan, James A.) Resource: Court Rpt/Rec 1374 Kahn, Audrey
Resource: Courtroom Clerk C6009 Frederick, Phillip Resource: Court Rpt/Rec 1374 Kahn, Audrey
06/08/2016 Reset by Court to 06/13/2016 Adjourned at !he Requesl of the Court
Pre-Trial (Judicial Officer: Callahan, James A.) Resource: Court Rpt/Rec 1374 Kahn, Audrey
Resource: Courtroom Clerk C5941 Lamar, Irene
Held
Sentenced to Prison
Victims Rights Fee Signed and Filed (Judicial Officer: Callahan, James A. )
Order To Pay Court Costs, Signed and Filed (Judicial Officer: Callahan, .lames A. )
Sentence (Judicial Officer: Callahan, James A.) 2. Computers - Using to Commit a Crime - Maximumimprisonment of 4 Years or More But
Prison Sentence Fee Totals:
- Crime Victims Fee - (FEL) - Restitution - State Minimum Cost (FEL) Attorney Fees
130.00
18,000.00
136.00
400.00
PAGE 3 OF 6 Printed on 09//9/2()/9 at 3:0./ PM
Third Circuit Court Register of Actions, 16-003006-01-FH 11bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
06/15/2016
06/16/2016
THIRD JUDICIAL CIRCUIT OF MICHIGAN
REGISTER OF ACTIONS CASE No. 16-003006-01-FH
Court Costs DNA Fees
Fee Totals$ State Confinement:
1,300.00 60.00
20,026.00
Agency: Michigan Department of Corrections Effective 06/15/2016 Term: 30 Mo to 7 Yr Credit for Time Served: 85 Days
I . ORGANIZED RETAIL CRIME Prison Sentence Probation - ( 5 Yr, Start Date: 06/15/2016, Comment: S/F $240)
Sentencing (Judicial Officer: Callahan, James A.) Resource: Court Rpt/Rec 1374 Kahn, Audrey Resource: Courtroom Clerk C5941 Lamar, Irene
Held
CANCELED Jury Trial Case Disposed/Order Previously Entered
06/29/2016 Order For Production Of Transcript Penny Freelon, AR 04/ 15/2016, DC 04/25/2016
06/29/2016 Stenographer Certificate Required Penny Freelon, AR 04/15/2016, DC 04/25/2016
07/05/2016 Stenographers Certificate Filed
08/11/2016
Penny Freelon, AR 04/15/2016, DC 04/25/2016
~ PE PDF Transcript, filed
PennyFree/on, 4/15/ 16AR, 4/25/ 16DC
06/29/2016 Order For Production Of Transcript Theresa Roberts, CC 04/29/2016
06/29/2016 Stenographer Certificate Required Theresa Roberts, CC 04/29/2016
07/19/2016 Stenographers Certificate Filed
08/24/2016
Theresa Roberts, CC ()4/29/2()/6
iE:J Notice of Transcript Filed
Theresa Roberts, CC 04/29/2016
06/29/2016 Order For Production Of Plea And Sentence Transcript Audrey Kahn, PL 05/18/2016, SE 06/l 3/2016(adjourned on register of actions), PT ()6/ 15/2()/6, SE06/15/2016
06/29/2016 Stenographer Certificate Required Audrey Kahn, PL ()5/18/2016, SE 06/ 13/2016(adjourned on register of actions), PT ()6/ I 512016, SE 06115120 I 6
07/06/2016 Stenographers Certificate Filed Audrey Kahn, Pl ()5/18/2016, SE 06! 13/2(}/6(adjourned on register of actions), PT ()6/ 15/2()/ 6, SE ()6/15/2016
Vol./Book 2 l I pages
Vol./Book 1 7 pages
07/26/2016 Vo/.1Book339
PAGE 4 OF 6 Printed 011 ()9/ 19/2()/9 at 3:0./ Nvl
Third Circuit Court Register of Actions, 16-003006-01-FH 12bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
MTHIRD JUDICIAL CIRCUIT OF MICHIGAN
REGISTER OF ACTIONS CASE No. 16-003006-01-FH
~ Notice of Transcript Filed Audrey Kahn, PL 05/ 18/2016, SE()6/ 13!2016, 6! 15!16S
06/29/2016 Appointment for Application for Leave to Appeal (Circuit) Adil Haradhvala appointed
07/06/2017 Order (Judicial Officer: Talbot, Michael J ) Case remanded to trial court to determine whether defendant-appellant is indigent, and if so, to appoint counsel to represent defendant-appellant for this appeal. COA #334205
07/11/2017 Order (Judicial Officer: Kenny, Timothy M. ) ORDER TO APPOINT APPELLATE COUNSEL GRANTED. ORDER SIF 717117
07/19/2017 Order For Production Of Plea And Sentence Transcript Audrey Kahn, PL 5/18116, SE 6/13/16, SE 6/15/16(previously ordered and filed)
07/19/2017 Stenographer Certificate Required Audrey Kahn, PL 5/ 18/16, SE 6/ 13/16, SE 6!15! 16(previous/y ordered and filed)
07/24/2017 Stenographers Certificate Filed Audrey Kahn, 5/18/16, 11/3/16, 6/15/16; transcripts filed 7/25/16
07/26/2017 Stenographers Certificate Filed Audrey Kahn, PL 5/ 18/ 16, SE 6/ 13/16, SE 6/ 15/ 16. Amended to correct date.
10/13/2017 Stenographers Certificate Filed Audrey Kahn, PL 5/18/16, SE 6113/16, SE 6/15/16. Transcripts file previously on 7/26/17.
07/19/2017 Order For Production Of Transcript Penny Freelon, AR 4/ l 5/16(previous/y ordered and filed)
07/19/2017 Stenographer Certificate Required Penny Freelon, AR 4!15/ 16(previously ordered and filed)
07/26/2017 Stenographers Certificate Filed Richard Josephs for Penny Freelon, AR 4/ 15/16. The transcript has been filed with the court 8/1/16.
07/19/2017 Order For Production Of Transcript Theresa Roberts, CC 4/291 / 6(previously ordered and filed)
07/19/2017 Stenographer Certificate Required Theresa Roberts, CC 4129/16(previously ordered and filed)
07/19/2017 Appointment for Application for Leave to Appeal (Circuit) Mary Blaney appointed
l 0/10/20 I 7 Attorney Removed - New Attorney Assigned Steven Helton appoinled
06/26/20 I 8 ~ IUAttorney Removed - New Attorney Assigned Steven Helton removed SADO appoinled
DATE FINANCIAL INFORMATION
Defendant Gilmore. Gary Total Charges
PAGES0F6
pages
20.366.00
Printed 011 09119120/ 9 at 3.·n./ PM
Third Circuit Court Register of Actions, 16-003006-01-FH 13bRE
CE
IVE
D by M
SC 10/3/2019 8:35:32 A
M
06/17/2016 08/13/2016 02/12/2019 07/26/2019
THIRD JUDICIAL CIRCUIT OF MICHIGAN
REGISTER OF ACTIONS CASE No. 16-003006-01-FH
Total Payments and Credits Balance Due as of 9/19/2019
Charge Charge Mail Payment Mail Payment
Receipt# 2019-12071 Receipt# 2019-59968
PAGE 60F 6
Defendant Gilmore, Gary Defendant Gilmore, Gary Defendant Gilmore, Gary Defendant Gilmore, Gary
27.51 20,338.49
20,026.00 340.00 (17.51) (10.00)
Printed on 091/9/20/9 al 3:04 PM