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UNITED STATES OF AMERICA, * Docket No. 08-cr-054,

* 09-cr-121, and 09-cr-141
* Buffalo, New York
v. * February 18, 2010
* 10:01 a.m.
Defendant. *
* * * * * * * * * * * * * * *



For the Government: MARY C. BAUMGARTEN

Assistant United States Attorney
Appearing for the United States

For the Defendant: SHANE C. BUCZEK, pro se

Attorney Advisor

Court Reporter: PATRICIA A. GALAS,

Notary Public
Jack W. Hunt & Associates, Inc.
1420 Liberty Building
Buffalo, New York 14202
(716) 853-5600

Proceedings recorded by mechanical stenography,

transcript produced by computer.
Proceedings 2

1 THE CLERK: Criminal Case 2008-54, 2009-121, and

2 2009-141, United States of America verses Shane Buczek.

3 MS. BAUMGARTEN: Good morning, Your Honor.

4 THE COURT: Good morning, Ms. Baumgarten. How are

5 you?

6 MS. BAUMGARTEN: I'm well. Thank you, Judge.

7 THE COURT: Mr. Comerford.

8 MR. COMERFORD: Good morning, Your Honor.

9 THE COURT: How are you?

10 MR. COMERFORD: Good. Thanks, Judge.

11 THE COURT: How are you doing, Mr. Buczek?


13 THE COURT: The first trial -- there are three trials

14 here -- is set for March 2nd. And I take it that the Government

15 is ready to go forward?

16 MS. BAUMGARTEN: Yes, Judge. We have our witnesses in

17 line, many of whom are from out of the area, Judge.

18 THE COURT: Mr. Buczek, you're ready to go to trial on

19 March 2nd?

20 THE DEFENDANT: Judge, before we even get to that and

21 I mentioned this before, there's been no proper notice in this

22 case and there's been a mistake. And now -- I have been asking

23 the Public Defender's Office for the certified copy of the

24 accusatory instrument or the charging instrument.

25 THE COURT: Well, that's the indictment.

Proceedings 3

1 THE DEFENDANT: Right, I understand that. But I still

2 have not seen it and I know we mentioned before about the

3 ratification and commencement on this case and I believe -- let

4 the record reflect that I believe there is no accusatory

5 instrument or charging instrument in this case.

6 THE COURT: There is. There's the indictment.

7 THE DEFENDANT: I've never seen it though. I just

8 want to put that on the record.

9 THE COURT: That's not possible, frankly.

10 MS. BAUMGARTEN: It could not -- and I was not

11 present, Your Honor, but I have reviewed the docket sheet with

12 respect to the matter, Judge. And there was an arraignment and

13 at that time this would have been the practice, the indictment

14 would have been provided.

15 THE COURT: All right. Mr. Comerford, you exchanged

16 the indictment with Mr. Buczek?

17 MR. COMERFORD: Judge, I think he's looking for a copy

18 with some --

19 THE COURT: Certification on it?

20 MR. COMERFORD: -- certification or a raised seal,

21 something I'm not familiar with. Judge, I think the more

22 important matter to address is my representation of Mr. Buczek.

23 THE COURT: I understand.

24 MR. COMERFORD: Thank you, Judge.

25 THE COURT: I just want you to know as far as I'm

Proceedings 4

1 concerned, Mr. Buczek, the documents that you've been provided

2 with are sufficient. And I know you want some sort of

3 certification on the document, but that's not going to happen.

4 That's not the way the system works.

5 You are on notice, you do face the indictment. There

6 will be a trial starting March 2nd. And really what I want to

7 talk about is how you're going to proceed at the trial. There

8 are no issues left. You are going to trial or there will be

9 some other disposition. And I know that's hard for you to

10 accept and I understand where your mindset is, but the

11 procedures are proper up to this point in time.

12 You've asked that you want to proceed, as we term it,

13 pro se, representing yourself. I've asked Mr. Comerford to step

14 in. He's been your attorney for a while. I think Mr. Humann

15 was assisting as well.

16 It's your constitutional right to go forward on your

17 own, but if you do that without the assistance of an attorney,

18 you do put yourself at some risk. So is that still your

19 request? Do you want to go to trial representing yourself and

20 not have the assistance of an Attorney of Record?

21 THE DEFENDANT: Judge, I conditionally accept your

22 offer to go to trial upon Proof of Claim.

23 THE COURT: No. No more of that, no Proof of Claim.

24 You have charges, Mr. Buczek. It's only fair that we move

25 forward. You can't have what the system does not provide. Your
Proceedings 5

1 rights are being protected so you either go to trial on your own

2 or you have the able assistance of Mr. Comerford.

3 So let's talk about that. What do you want? Do you

4 want to go to trial and represent yourself or -- you know, it's

5 better to have a lawyer. You can work with him, I think, but

6 you tell me.

7 THE DEFENDANT: I don't consent to any trial until I

8 see some type of validation here.

9 THE COURT: No, no, you don't have to consent to a

10 trial, you're going to trial. There's no consent involved.

11 You're going to trial or the case will be disposed of by plea.

12 THE DEFENDANT: Judge, on our last hearing -- what was

13 it, January 14th, 2010?

14 THE COURT: I don't know. What was the date,

15 Ms. Labuzzetta?

16 THE CLERK: The last --

17 THE COURT: Yeah, the last appearance here.

18 THE DEFENDANT: Yes, it is, Judge, January 14th.

19 THE COURT: Just one second, I want to check what our

20 computer says, Mr. Buczek.

21 THE CLERK: On this Case? See, there was more than

22 one case for this. January 14th, Judge.

23 THE COURT: Okay. You're right, Mr. Buczek,

24 January 14th.

25 THE DEFENDANT: Okay. On page 9, line 20 -- would you

Proceedings 6

1 like to have a copy of this?


3 THE DEFENDANT: I basically -- starting at line 17, I

4 said, Judge, again I come here as a Friend of the Court. I just

5 want to make a record of it. I just got a review of the Jencks

6 report on Case 121, which obviously is 09-CR-121, and I see no

7 controversy present from the Court. And that gets back to the

8 ratification and commencement as a real party of interest, which

9 I'm the injured party by the way.

10 And on page 10, line 1, the Court, which would be you,

11 Judge, you stated, all right, Mr. Buczek, I understand. And I

12 looked up these definitions and since there is no controversy

13 present in front of the Court, you consent to that.

14 THE COURT: No, there is controversy. You are accused

15 of committing a crime and you deny it. That's the controversy,

16 so please understand that there will be a trial.

17 Now, unless there is a plea entered -- unless the

18 Government is contemplating proceeding in any other way.

19 Ms. Baumgarten, is there a dismissal of the indictment

20 in the works or anything?

21 MS. BAUMGARTEN: No, Your Honor. No, none of the

22 three. I stand here today on 09-cr-121, but also the other two.

23 THE COURT: Okay. So you have to be ready one way or

24 another.

25 If you go to trial, there are certain things you must

Proceedings 7

1 understand: that I will be conducting the trial and I will be

2 applying the Rules of Evidence and the Rules of Criminal

3 Procedure. Those will be the controlling rules for purposes of

4 trial, Mr. Buczek.

5 Do you understand what I'm going to be doing?

6 THE DEFENDANT: Judge, again, I don't consent to be

7 recognized by the name.

8 THE COURT: I know you don't. I understand your

9 position.

10 THE DEFENDANT: I have never consented -- I have not

11 received -- absolutely no discovery, validation, or verification

12 of any injured party. And I just want to make a record. I'm

13 not here to cause any controversy with the Court.

14 THE COURT: The record is made. You've maintained

15 that position from what we call the get-go in these cases. And

16 I understand your position. It's not a legally cognizable

17 position.

18 So you must accept that part of it going into where we

19 are right now. It is a trial or not for you starting March 2nd.

20 And I understand that that's a difficult concept and principle

21 for you to accept, but that's the reality of it, Mr. Buczek.

22 So I will be holding the trial according to the Rules

23 of Evidence and Criminal Procedure. They will be the guiding

24 principles for purposes of the trial. If you choose to

25 represent yourself, keep in mind that the rules are that you
Proceedings 8

1 cannot really speak in the first person from the standpoint of

2 voicing your personal observations or when you speak to the

3 jury. You have to act as if you are the attorney for yourself.

4 And I will apply the Rules of Evidence in that regard.

5 The rules require that an attorney cannot speak to the

6 jury lending the attorney's creditability or statements as

7 points of persuasion to the jury. You have to represent

8 yourself as if you were the client for yourself.

9 You cannot make statements just randomly because that

10 would violate the rules. You will not get advice on legal

11 matters unless I keep Mr. Comerford in as you backup counsel.

12 And that's the way we will conduct the proceedings. You do have

13 to play by those rules.

14 I will be ultimately fair to you. The jury will get

15 to understand that the rules will apply to both sides fairly,

16 uniformly. Nobody is going to be favored one way or another,

17 but your obligation will be to defend, if you choose to. You

18 have no burden at the trial. It is exclusively the Government's

19 burden to, with its proof, sustain a burden of proof beyond a

20 reasonable doubt. If it can't do that, you're not going to be

21 convicted. You don't have to do a thing.

22 But you cannot disrupt, that wouldn't be fair. You

23 have to -- if you do interject yourself, you have to play

24 according to the rules. That's the way I will conduct the

25 trial. You are presumed innocent, that will not change.

Proceedings 9

1 The Government, it brought the case against you so it

2 must prove you guilty beyond a reasonable doubt. Do you

3 understand that?


5 THE COURT: Yes or no.

6 THE DEFENDANT: Judge, I don't understand the concept

7 of where you're coming from because it's like having a trial.

8 THE COURT: It is a trial.

9 THE DEFENDANT: It's like having a trial with no

10 validation, no party of interest, no injured party. There's no

11 Proof of Claim. I mean, I can go on --

12 THE COURT: No. Mr. Buczek, no, there is a claim.

13 There is a claim. That's what you have to understand. The

14 Government has to prove it and you can defend against it if you

15 want.

16 THE DEFENDANT: But I don't know who I'm defending

17 myself against. I need to see that, Judge.

18 THE COURT: You have the instrument, you have the

19 document. It's the United States of America enforcing, by its

20 indictment, a criminal statutory provision. You are accused of

21 and the subject of an indictment which states that you have

22 violated the law. You know what the law is. It's right on the

23 face of that instrument.

24 THE DEFENDANT: Judge, our copy is just hearsay

25 information.
Proceedings 10

1 THE COURT: No, it's not, Mr. Buczek. If that's your

2 position and you go to trial and there's a conviction -- I don't

3 know if there will one way or another -- you can appeal that to

4 another Court. But you must comply with the rules of this

5 lawful society. You're not above and beyond that. You are just

6 like everybody else in that regard.

7 So you are going to trial. Why don't you keep

8 Mr. Comerford on as your lawyer so we can work through this.

9 He'll assist you at trial.

10 THE DEFENDANT: Judge, I think you already know, let

11 the record reflect, that there is no Proof of Claim, there is no

12 accusatory instrument.

13 THE COURT: Mr. Buczek, no. No, don't say that

14 because I don't know that. There is according to the rules an

15 accusatory instrument. It's the indictment.

16 THE DEFENDANT: I have never seen it.

17 THE COURT: You have seen it. You haven't seen it

18 maybe with the certification that you want, but that is not the

19 requirement of the law. So you have seen that, you have

20 received it, you have been through these processes time and time

21 again.

22 So you have to be accepting of that part of it. And

23 if you choose not to defend yourself, that's your right. But

24 there are consequences so you have to be very careful.

25 I know your parents are here. You came with somebody

Proceedings 11

1 else, I don't know who that is, but get together with all of

2 them. You'll get a fair trial. But that's what our system is.

3 Our system involves trials when there are irresolvable disputes.

4 THE DEFENDANT: My whole thing, Judge, is that the

5 jurisdiction hasn't been met. I've never pleaded not guilty in

6 this case. Let the record reflect that.

7 I have never seen any injured party, I've not seen a

8 Proof of Claim, I haven't seen anything. I get a lot of

9 paperwork, piles of paperwork, piles of transcripts. But again,

10 I have no idea -- I do have filings I want to file that I

11 haven't been able to do since July of 2009.

12 I do have some serious issues about even going forward

13 in this case. I mean, does the U.S. Attorney have any firsthand

14 knowledge of me injuring or harming or committing a crime? Does

15 anybody have anything?

16 THE COURT: Look, there was a presentation to a Grand

17 Jury, the Grand Jury returned an indictment. You face that

18 charge. The charge is not evidence. The Government will have

19 to produce evidence that is proper, that's competent, that's

20 material, that's relevant to the issue that you face in the

21 charges in the indictment.

22 In that regard, the jury will have to decide

23 unanimously one way or another based on the evidence or lack of

24 evidence whether you are guilty of breaking the law or not. It

25 boils down to that fundamental presentation.

Proceedings 12

1 You may not like it, you may not agree with it. I

2 understand all of that, but the fact of the matter is the trial

3 will start.

4 THE DEFENDANT: Okay. I just want to let you know I'm

5 not eligible for a trial at this point, Judge. And I do have --

6 I would like to go ahead and file a document in front of you.

7 And I would like to go ahead and proceed as myself, as the

8 living breathing man, not a corporate entity. That's all.

9 THE COURT: You're not a corporate entity, you're a

10 living breathing man and you will be brought to trial --

11 THE DEFENDANT: I just want to --

12 THE COURT: -- on that basis.

13 What the trial involves -- you take a look at the

14 document you don't agree with -- well, let's get the fundamental

15 issue resolved. Do you want Mr. Comerford to continue as your

16 lawyer at this trial?

17 THE DEFENDANT: I'll accept him, I'll accept

18 Mr. Comerford, upon Proof of Claim that there is a valid

19 charging instrument. And I will take him as standby.

20 Judge, I do have a document I would like to file --

21 actually I wanted to file way back in the fall time, but we

22 haven't gotten to that point. And you left the door open for me

23 back on December 10, 2009. And then I filed a couple documents

24 that were stricken. And you never signed the orders, they were

25 in brackets.
Proceedings 13

1 THE COURT: On your documents. That were not in

2 proper form.

3 THE DEFENDANT: I notice that there are all these

4 orders in the last two years now, they have no raised seal on

5 them, the Judges are not signing them. It's in brackets.

6 Can you explain that to me? Please tell me what that

7 means.

8 THE COURT: Everything we essentially do now,

9 Mr. Buczek, is done electronically so those are signatures that

10 are of legal significance.

11 You're not going to get the kind of certified

12 raised-seal document. It doesn't happen anymore and there is no

13 requirement that that take place.

14 My signatures electronically are as good as gold,

15 basically. And anything that you see on the electronic system

16 and that have been mailed to you as hard copies from Chambers or

17 the Clerk's Office, they're what the normal course of business

18 is. They have the full force and effect of law.

19 It's not as if a certain particular exhibit or

20 document is being moved into evidence. If we were at trial and

21 something needs to be given the full weight of evidentiary

22 value, there are requirements for certification,

23 exemplification. The rules require that. But it's not with

24 respect to certain documents that you are sent in the course of

25 discovery or preparation for trial.

Proceedings 14

1 So everything up to this point in time I can assure

2 you is in conformity with the practices and procedure for both

3 criminal procedure and the evidentiary rules. Trial's a

4 different thing. And that's where you are disadvantaged, I

5 suppose, if you choose to go it alone. I'm going to keep

6 Mr. Comerford based on what you said. I know it's a -- you

7 don't have a total comfort level with this process, but we're

8 going to work through it.

9 You made your points, but they to be conforming to the

10 Rules of Evidence and Criminal Procedures; otherwise, you won't

11 be heard. You need to be heard based on the rules of this

12 courtroom society. You can make your point, but you have to do

13 it through the established rules, okay?

14 THE DEFENDANT: I do want to file my document, Judge.

15 THE COURT: All right, file your document.

16 THE DEFENDANT: You'll allow that?

17 THE COURT: Yes, I'll allow that, but we start trial.

18 Nothing is going to stop trial. You can file your document.

19 THE DEFENDANT: Judge, I do want to make --

20 THE COURT: Yes, hold on one second.

21 Yes? You're the mom, right? Come on up here. Take

22 the podium.

23 MRS. BUCZEK: I'm Mrs. Buczek, I'm the mom of Shane

24 Buczek. I just wanted to ask -- we have -- our family, we will

25 mostly be out of town for the whole month of March. Is there

Proceedings 15

1 any way we can postpone this until April? Is it a possibility?

2 I'm out on business.

3 THE COURT: The Government's got all its witnesses.

4 MRS. BUCZEK: I'm just asking.

5 THE COURT: I know, I'm not being critical. I can't

6 do it. We do have to go forward, it's been set. I mean, I'm

7 trying to be as accommodating as I can. I know you have your

8 own --

9 MRS. BUCZEK: This has been going on for some time.

10 THE COURT: -- problems. But I cannot adjourn it at

11 this time, Mrs. Buczek.

12 MRS. BUCZEK: Okay, thank you.

13 MS. BAUMGARTEN: Our next appearance, then, before the

14 Court would be the final pretrial conference on Tuesday the

15 23rd, Judge, at 10:00?

16 THE COURT: Yeah, Tuesday the 23rd at 10:00,

17 Mr. Buczek.

18 THE DEFENDANT: Judge, I --

19 THE COURT: I'm sorry.

20 THE DEFENDANT: No, I'm sorry.

21 THE COURT: You go ahead, you tell me.

22 THE DEFENDANT: I still want to proceed as myself.

23 I've done -- I don't want to tell you how many hours of research

24 and going to the UB Law Library.

25 I have some serious issues of any type of trial. I

Proceedings 16

1 have serious issues with -- not that I'm causing controversy,

2 but I have serious issues of Mr. Bruce even attempting to take

3 me to trial. I'm not sure who they're going to hand this case

4 off to. I have no idea. There's a serious conflict of

5 interest.

6 MS. BAUMGARTEN: Judge, I'm Counsel of Record for the

7 trial, so I think maybe that issue would be alleviated.

8 THE COURT: Okay. You know, she's not half bad.

9 She's a little different from Mr. Bruce in many respects. So I

10 don't think -- I don't think you have to worry about conflict of

11 interest.

12 Ms. Baumgarten, she's a tough prosecutor, but that's

13 what her job is. And Mr. Comerford is an experienced defense

14 lawyer. He'll assist you. You can go forward as yourself, but

15 do the best you can.

16 Settle down a little bit, okay? Because I know you've

17 got a lot wrapped up in this thing. Consult with everybody you

18 want to, but my suggestion to you, Mr. Buczek, is kind of weed

19 out the stuff that doesn't matter and stay focused, because you

20 can wind up doing yourself more harm than good.

21 Try to make your points when the jury is here, if you

22 are going to defend yourself with the jury, in a way that's

23 clear and focused and according to the rules. Because

24 otherwise, I will have no other alternative if there is an

25 objection from the prosecutor -- and I know she will be fair,

Proceedings 17

1 she know the rules. If it's not evidentiary proper or if it's

2 not procedurally proper under the rules, I will have to what I

3 call sustain the objection, which means you can't get it in.

4 So work on that. Work through it with Mr. Comerford

5 and we'll see you back here on the --

6 THE DEFENDANT: Judge I can't do that, you know that.

7 I have a document that I'd like to file and it wraps around the

8 whole jurisdiction issue.

9 And I appreciate your concern about me and I know you

10 have taken an oath of office to protect me, but in my mind if we

11 had a Government, if we did have a Government, I would not be

12 standing in this room right now.

13 And under the Seventh Amendment, you must have

14 controversy exceeding $20. And I know you know about Article 1,

15 Section 10, that all of that is supposed to be paid back in gold

16 and silver. And I know we're not operating under the

17 Constitution, but I still want to put it on the record.

18 And there is no money, there is no controversy, there

19 is no case, there is no real party, there is no ratification and

20 commencement. This is getting ridiculous. Thank you.

21 THE COURT: Fair enough, that's your defense. If you

22 choose to do it in a way that it can be presented to a jury

23 within the four corners of proper evidentiary and procedural

24 rules, go for it. That's your right.

25 I'll try to manage it as best I can. You have a lot

Proceedings 18

1 at stake here. Think about that. Principle, it's a good thing.

2 Reality is a good thing. Work them together.

3 THE DEFENDANT: So, Judge, Brian is going to be standby?


5 THE DEFENDANT: And I'll be able to file this document

6 I wanted to put in?

7 THE COURT: Yes, you can file it but with his advice.

8 Go over it with him just to make sure it's not going to be

9 bounced back at you, because if it's not the proper form that

10 complies with our rules for filing, Mr. Buczek, it won't be

11 accepted. So you've got to do it that way. The rules whether

12 you like them, whether I like them -- I don't like some of these

13 rules.

14 THE DEFENDANT: Oh, I know, they're crazy.

15 THE COURT: And some of them are crazy, but for the

16 most part, when you work through it, they work.

17 THE DEFENDANT: Well, you know, I was downstairs with

18 Judge Schroeder 27 times or whatever and I've gotten to know him

19 over the last couple years and developed a relationship with him

20 that -- that I've learned a lot. And reason why I'm bringing

21 this up is because I understand where you're coming from.

22 And as I was going along, I did make some mistakes,

23 but the things I want to present in front of you, an attorney

24 can't do that. My whole issue is getting back to the

25 ratification and commencement. And not that I'm trying to --

Proceedings 19

1 that's why I mentioned before, I wanted to get in Chambers with

2 you and give you some things I wouldn't talk about here because

3 we're in public. I would bring it up in private.

4 THE COURT: See, I can't do that.

5 THE DEFENDANT: I understand. But I just want to make

6 a record of that.

7 And I learned a tremendous amount when I went to the

8 psych center, which I came back confident. And I didn't

9 understand the reason why I was there, but after reviewing some

10 of things I said in Court, I do understand that.

11 Judge, I do want to go ahead and proceed as the living

12 man. And I do -- I'm not sure if I can give this -- there's no

13 bailiff here. I want you to see these, these e-mails I got

14 yesterday.

15 THE COURT: You have to work with Mr. Comerford.

16 MS. BAUMGARTEN: Judge, so we are clear, procedurally,

17 the Defendant will be proceeding pro se with standby counsel,

18 Mr. Comerford?

19 THE COURT: Yes, that will be the determination.

20 THE DEFENDANT: Judge, I don't consent to be the

21 Defendant unless you have firsthand knowledge that I am the

22 Defendant.

23 THE COURT: Okay. I think that's the best we can do.

24 It's very obvious you're a very bright guy, but don't let

25 yourself run away with yourself.

Proceedings 20

1 From my standpoint, you've got to be careful. You've

2 got a lot of people interested in you and your case, but you

3 stand being exposed to jail time, conviction, a lot of things,

4 so balance all of that as best as you can.

5 I'll give you some leeway at trial, but the rules

6 apply. And you if have any questions, Mr. Comerford is going to

7 be there to give you some guidance. And again, remember that we

8 will go over the fundamental rules again of how you can present

9 what you want to say to the jury, if it's proper.

10 Again, remember you're representing yourself if you go

11 pro se and, in effect, you're acting for your own lawyer. You

12 will be viewed as a lawyer, bound by the rules of a lawyer

13 representing yourself. That's tricky business, so be careful

14 with it is my suggestion.

15 THE DEFENDANT: I'm a living man, Judge.

16 THE COURT: Stay that way.

17 THE DEFENDANT: A living man?

18 THE COURT: Yes, we don't want you coming in here any

19 other way.

20 MS. BAUMGARTEN: Judge, if I may?

21 I have made some offers to the defense concerning an

22 alternative other than proceeding to trial on this or the other

23 three cases.

24 The Government remains open to that, but at some point

25 there is a situation where that's really no longer viable. Most

Proceedings 21

1 likely, also, I have of course engaged in some of those limited

2 discussions with an understanding that that sort of a

3 disposition would be likely more favorable to the Defendant than

4 that that would be available after trial.

5 THE DEFENDANT: But, Judge, does anybody have any

6 firsthand knowledge that I am the Defendant? I mean, all -- all

7 property resides in the state.

8 THE COURT: All right. It is the prosecutor's

9 obligation to proceed as a representative of the United States

10 and she is doing that.

11 She's telling you that there's still the opportunity

12 for you to work out a disposition short of trial. That's on the

13 table.

14 You have issues in terms of who you are and everything

15 else as far as the Government's case is concerned. But try to

16 weed through that. Give it a second thought. Whichever way you

17 come out is okay with me, but just remember you have to play by

18 the rules, okay?

19 THE DEFENDANT: Judge, I have given proper notice

20 about three years ago in Broward County. And if you ever get an

21 opportunity, all of my recordings are in Broward County, which

22 is Fort Lauderdale area. All my affidavits, all my corporate

23 denials, they're on their UCC filings and you just -- I don't

24 want to clog your court with letter of rogatories and all that.

25 I think we are done with that.

Proceedings 22

1 THE COURT: We are done with it now, because it is the

2 day of reckoning, basically.

3 THE DEFENDANT: That's why I'm still looking for the

4 claim.

5 THE COURT: Well, take my word for it in this regard,

6 the claim is the indictment. You don't want to accept it, but

7 that is the claim.

8 All right. So you have to deal with that part of it,

9 Mr. Buczek, and then we go from there.

10 THE DEFENDANT: Why are you going to the bank case

11 before we get to the passport case? That's out of order, isn't

12 it?

13 THE COURT: No, not in this case.

14 THE DEFENDANT: Judge, one thing, lastly. I have a

15 copy of two e-mails I received yesterday I would like you to

16 see. Maybe you want to keep it on the private side? And I have

17 a copy for --


19 THE DEFENDANT: Then I want to make a record of it. I

20 got two threatening e-mails yesterday sent to my e-mail box. I

21 did print them off and I do have a copy for the U.S. Attorney.

22 THE COURT: Well -- I'm sorry, Mr. Buczek, go ahead.

23 MR. BUCZEK: Thank you, Your Honor. I love that

24 statement up there and I know you adhere to it.

25 The one thing that we are very concerned about and

Proceedings 23

1 Henry's a great guy, but twice in one year we had 19 Federal

2 Agents come to our home as if we were terrorists.

3 We're a little concerned that this could occur again?

4 They just -- people just pop up in our lives? We are

5 law-abiding citizens and I know they're looking at Shane for

6 different things, but my wife and I, we live in a property

7 that's in the middle of four acres. The doors are always open.

8 Every day we have to think about locking up our place?

9 Right now, it's open. I mean, I don't live by fear, but this

10 letter that Shane received yesterday really concerns me.

11 And I have a lot of friends, not here in Western New

12 York, throughout the whole world, who understand this stuff. I

13 will find out who did this. And if the -- well, I just hope

14 Anthony has nothing to do with this, because he's been very

15 vulgar with Shane.

16 THE COURT: Why don't you share that with the

17 prosecutor?

18 MR. BUCZEK: With Brian?

19 THE COURT: Well, no. That's the e-mail that he's

20 talking about?

21 MR. BUCZEK: Right.

22 THE COURT: Give her a copy of it. And if there's

23 anything that's relevant to the trial -- and I will put the

24 Marshals on alert and the court security officers here, that

25 they should take special security precautions.

Proceedings 24

1 MR. BUCZEK: Well, thank you very much. And nothing

2 against Henry, he's a fine gentleman.

3 MS. BAUMGARTEN: Judge, I must object though to any

4 characterization of another AUSA with respect to any of this,

5 Your Honor. I think the Anthony that Mr. Buczek is referring to

6 is Mr. Bruce.

7 THE COURT: Okay. I don't know. And if there has to

8 be something that is brought to my attention, I guess,

9 Ms. Baumgarten, you can do that now that you've been provided a

10 copy of those e-mails.

11 I do find that specifically from these discussions and

12 I know you keep getting on a certain track all the time, but

13 there is a knowing and voluntary proceeding, Mr. Buczek, that

14 you represent yourself with backup counsel. And that is

15 Mr. Comerford and that's the way that we will proceed.

16 THE DEFENDANT: Judge, you can refer to me as Shane,

17 if you like. I don't consent to the last name.

18 Would you like a copy of the e-mails?

19 THE COURT: Just so you know, the rules of my Court

20 are that I refer to the parties by last name. And I will note

21 your objection.

22 But you are Mr. Buczek, you are Mr. Comerford, you are

23 Ms. Baumgarten. It adds integrity to the process, I think, by

24 respecting the individual by last name rather than run the risk

25 that somebody might interpret a first-name basis as showing

Proceedings 25

1 favoritism to one person or another. And my job is to be

2 totally and fairly impartial.

3 So come back on the 23rd but don't lose sight of what

4 we've talked about today.

5 THE DEFENDANT: I know and I'm not trying to cause

6 controversy. And I talked to Judge Schroeder about the bid

7 bond, performance bond, and payment bond, and all that stuff and

8 that's why I did -- all that information I gave to him about

9 doing the -- accepted for value on the account and it looks like

10 that's why the public policy does apply.

11 THE COURT: Remember when I said you have to try to

12 get focused and, you know, I listened to your dad, I listened to

13 your mom. And I think they understand, I think you understand

14 the focus now, should be the trial or a disposition in advance

15 of trial.

16 Most of everything else is water over the dam, that if

17 there's a conviction, maybe there's appeal issues there or not,

18 I don't know, Mr. Buczek. But the fact of the matter is, if

19 there is any advice that I can give -- and it's really to both

20 sides, the focus now, is the trial. And then we will go from

21 there.

22 THE DEFENDANT: You know, I'm not trying to give the

23 Court any issues or U.S. Attorneys any issue. But what I've

24 been through is a Hollywood movie starting in Buffalo five years

25 ago to today. You know, I've been in Court now over 100 times
Proceedings 26

1 in five years? I've been in and out of jail 10 times with no

2 real party of interest. You know what we went through over in

3 Buffalo right, Judge?

4 THE COURT: I don't know exactly, Mr. Buczek.

5 THE DEFENDANT: Well, okay. And I know it's out of

6 line to bring it up in this case, but in my opinion, this is

7 definitely vindictive. And I'm not --

8 THE COURT: I do know that that's your position and I

9 know your parents are concerned about that as well, but the fact

10 of the matter is we should go through the final pretrial

11 conference. And that's on February 23rd at --

12 MS. BAUMGARTEN: I have it at 10, Your Honor, but I

13 did wish to --

14 THE COURT: At 10:00. Okay, we'll see you them. Do

15 the best you can to get ready for trial. You have no burden,

16 you're presumed innocent. The sole and exclusive burden

17 according to the rules and procedures is on the Government to

18 prove you guilty, if it can, beyond a reasonable doubt.

19 THE DEFENDANT: One last thing before we leave. Let

20 the record reflect that there is no certified copy of an

21 accusatory instrument or a real party of interest in this case.

22 Thank you.

23 THE COURT: Okay, fine. Thank you very much.

24 MS. BAUMGARTEN: Thank you, Judge.

25 (Proceedings concluded at 10:36 a.m.)

1 "I certify that the foregoing is a correct transcript from the

2 record of proceedings in the above-entitled matter."

4 S / Patricia A. Galas April 14, 2010

Signature Date