CONSENT to Video Conference/Telephonic Conference filed by Defendant Bernard Turk — USA v. Turk (Dkt. 16)

Record facts

U.S. District Court for the Central District of California · No. 8:22-cr-00061-JLS · Doc. 16 · 2022-06-06 · Docket on CourtListener

Summary

A consent to video or telephonic conference on Form CR-029 filed by defendant Bernard Turk in United States of America v. Bernard Turk, Case No. 22-cr-61-JLS, in the U.S. District Court for the Central District of California, filed June 6, 2022 as Document 16. In the form, the defendant states that after consulting counsel he consents to listed proceedings taking place by video conference or, if unavailable, by telephonic conference. The form lists proceedings such as initial appearance, arraignment, detention hearings under 18 U.S.C. Sec. 3142, felony pleas and felony sentencings. It also contains a counsel certification dated 06/02/2022 and a section for proposed findings under § 15002(b)(2) of the CARES Act and Order of the Chief Judge No. 20-043. The form is two pages.

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Full text

NAME &ADDRESS
Evan A. Jenness, Esq. (SBN 136822)
777 S. Figueroa St., Ste. 3800
Los Angeles, CA 90017
Tel. (213) 630-5088 Fax (213) 683-1225
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA 
CASE NUMBER
PLAINTIFF, 
22-cr-61-JLS
V.
Bernard Turk 
CONSENT TO VIDEO/TELEPHONIC CONFERENCE
AND/OR WAIVER OF DEFENDANT'S PRESENCE
DEFENDANT(S). 
~ 
AND PROPOSED FINDINGS/ORDER
Check each that applies:
~
Z( CONSENT TO VIDEO CONFERENCE/TELEPHONIC CONFERENCE 
~ 
WAIVER OF DEFENDANT'S PRESENCE
1. Consent to Video Conference/Telephonic Conference
I, Bernard Turk 
,understand that the U.S. Constitution, the Federal Rules of Criminal
Procedure, and/or one or more federal statutes may give me the right to have all the below-listed proceedings take place in person in
open court. After consultation with counsel, I knowingly and voluntarily consent to the proceedings below instead taking place by
video conference or, if video conference is not reasonably available, by telephonic conference:
Check each that applies:
Detention/Bail Review/Reconsideration Hearings) (18 U.S.C. Sec. 3142) 
~ 
Initial Appearance (Fed. R. Crim. P. 5)
Preliminary Hearing (Fed. R. Crim. P. 5.1) 
~ 
Arraignment (Fed. R. Crim. P. 10)
Pretrial Release Revocation Proceedings (18 U.S.C. Sec. 3148) 
~ 
Waiver of Indictment (Fed. R. Crim. P. 7(b))
Misdemeanor Pleas and Sentencings (Fed. R. Crim. P. 43(b)(2)) 
~ 
Appearances under Fed. R. Crim. P. 40
Probation and Supervised Release Revocation Proceedings (Fed. R. Crim. P. 32.1)
Note: to consent to an appearance by video or telephonic conference at one of the two proceedings listed below, you must also complete
the 'Proposed Findings"section on page 2 of this form.
Felony Pleas (Fed. R. Crim. P. 11) 
~ 
Felony Sentencings (Fed. R. Crim. P. 32)
2. Waiver of Defendant's Presence
I> 
,understand that the U.S. Constitution, the Federal Rules of Criminal
Procedure, and/or one or more federal statutes may give me the right to be present at all of the below-listed proceedings - in person,
by video conference, or by telephonic conference. After consultation with counsel, I knowingly and voluntarily waive my right to be
present in person in open court or by video conference or by telephonic conference at the proceedings below:
Check each that applies (and use Form CR-35 to waive the defendant's presence at other types of proceedings):
Detention/Bail Review/Reconsideration Hearings) (18 U.S.C. Sec. 3142) 
~ 
Waiver of Indictment (Fed. R. Crim. P. 7(b))
Preliminary Hearing (Fed. R. Crim. P. 5.1) 
~ 
Appearances under Fed. R. Crim. P. 40
Pretrial Release Revocation Proceedings (18 U.S.C. Sec. 3148)
Misdemeanor Pleas and Sentencings (Fed. R. Crim. P. 43(b)(2))
Probation and Supervised Release Revocation Proceedings (Fed. R. Crim. P. 32.1)
06/02/2022 
~
a ~~
Date 
Defendant
Signed for Defendant by Counsel for Defendant with
Defendant's Authorization [Check if applicable]
CR-029 (06/20) 
CONSENT TO VIDEO/TELEPHONIC CONFERENCE AND/OR WAIVER OF DEFENDANT'S PRESENCE 
P. 1 OF 2
Case 8:22-cr-00061-JLS     Document 16     Filed 06/06/22     Page 1 of 2   Page ID #:62

I have translated this consent/waiver to the Defendant in the
language.
Date 
Interpreter (if required)
Signed for Interpreter by Counsel for Defendant with
~ Interpreter's Authorization [Check if applicable]
I am counsel for the Defendant herein. Prior to the Defendant signing this document or authorizing me to sign this document on the
Defendant's behalf, I fully advised the Defendant of the Defendant's above-referenced rights and consulted with the Defendant
regarding such rights and the Defendant's consent/waiver(s). I believe that the Defendant understands such rights and that the
Defendant's consent/waiver(s) are knowing and voluntary, and I concur with such consent/waiver(s).
06/02/2022
Date
Counsel for Defendant
3. Proposed Findings Regarding Harm of Further Delay of Felony Plea or Sentencing
Pursuant to 4 15002(b)(2) of the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and 4 2 of Order of the Chief Judge
No. 20-043 (In Re: Coronavirus Public Emergenry Use of Video and Telephonic Conference in Certain Criminal Proceedings), felony
pleas and sentencings cannot be conducted other than in person in open court unless the judge makes specific findings that the plea
or sentencing "cannot be further delayed without serious harm to the interests of justice." Accordingly, if the defendant intends to
consent to a felony plea or sentencing taking place by video conference or, if video conference is not reasonably available, by
telephonic conference, instead of in person in open court, the defendant must set forth below proposed findings sufficient to make
this showing.
4.Order Adopting Findings Regazding Harm of Further Delay of Felony Plea or Sentencing
Pursuant to 4 15002(b)(2) of the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and 4 2 of Order of the Chief Judge
No. 20-043 (In Re: Coronavirus Public Emergency Use of Video and Telephonic Conference in Certain Criminal Proceedings), I
hereby find that the:
Felony Plea (Fed. R. Crim. P. 11) 
~ 
Felony Sentencing (Fed. R. Crim. P. 32)
in this case cannot be further delayed without serious harm to the interests of justice, for the reasons set forth above.
Date
United States District Judge
CR-029 (06/20) 
CONSENT TO VIDEO/TELEPHONIC CONFERENCE AND/OR WAIVER OF DEFENDANT'S PRESENCE 
p, Z pg 2
Case 8:22-cr-00061-JLS     Document 16     Filed 06/06/22     Page 2 of 2   Page ID #:63

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