Transcript of Arraignment Hearing as to Carlos Vazquez — USA v. Vazquez (Dkt. 100, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)

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U.S. District Court for the Southern District of Florida · No. 1:21-cr-20231-DMM · Doc. 100 · 2022-02-10 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 21-CR-20231-CR-DMM 
UNITED STATES OF AMERICA, 
 Miami, Florida 
 Plaintiff(s), 
 April 26, 2021 
 vs.
CARLOS VAZQUEZ, 
  Defendant(s).       Pages 1 - 8 
----------------------------------------------------------- 
ARRAIGNMENT  
TRANSCRIBED FROM DIGITAL AUDIO RECORDING 
BEFORE THE HONORABLE JACQUELINE BECERRA 
 UNITED STATES MAGISTRATE JUDGE 
APPEARANCES: 
FOR THE PLAINTIFF(S):  HAYDEN O'BYRNE, ESQ. 
 UNITED STATES ATTORNEY'S OFFICE 
 99 N.E. 4th Street 
 Miami, FL 33132-2211 
305-961-9447
hayden.obyrne@usdoj.gov
FOR THE DEFENDANT(S):  CARLOS M. FLEITES, ESQ. 
 407 Lincoln Rd Ste 12E 
 Miami Beach, FL 33139-3028 
305-672-8434
cmfleites@mylawyr.com
TRANSCRIBED BY: 
 Joanne Mancari, RPR, CRR, CSR 
 Court Reporter 
 jemancari@gmail.com 
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Case 1:21-cr-20231-DMM   Document 100   Entered on FLSD Docket 02/14/2022   Page 1 of 9

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Thereupon, 
the following proceedings were held via Zoom videoconference: 
THE COURT:  Calling United States v. Carlos Vazquez,
21 Cr. 20231, Middlebrooks.
Government.
MR. O'BYRNE:  Good morning, your Honor.  AUSA Hayden
O'Byrne on behalf of the government.
THE COURT:  All right.
On behalf of Mr. Vazquez.  Mr. Fleites.
MR. FLEITES:  Good morning, your Honor.  Carlos
Fleites on behalf of Carlos Vazquez.
THE COURT:  OK.  Where is Mr. Vazquez?
THE DEFENDANT:  I'm here, your Honor.
MR. O'BYRNE:  I see him on the Zoom, your Honor.
THE COURT:  OK.  Mr. Fleites, it looks like you have
already entered your permanent appearance.  Is that correct?
MR. FLEITES:  It is, your Honor.
THE COURT:  OK.  Mr. Vazquez.
THE DEFENDANT:  Yes, ma'am.  Good morning.
THE COURT:  Good morning.  I have got to ask you a few
questions.  We are here today for your arraignment, but before
I proceed by video, I have to make sure that you consent to
doing that.  OK.
THE DEFENDANT:  Yes, ma'am.
THE COURT:  OK.  Mr. Vazquez, if you can lower your
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screen a little bit because I'm only seeing your eyes.  There
you go.  Now I can see you.
THE DEFENDANT:  OK.
THE COURT:  Thank you very much.  All right.
Mr. Vazquez, how far did you go in school?
THE DEFENDANT:  College, ma'am.
THE COURT:  Do you have any kind of either mental
illness or physical illness that would prevent you from
understanding today's proceedings?
THE DEFENDANT:  No, ma'am.
THE COURT:  All right.  Have you been on any kind of
medication, any kind of intoxicant, in the last 48 hours?
THE DEFENDANT:  Heart medicine, all prescribed by my
doctors for my health.
THE COURT:  OK.  Anything that you think would affect
your ability to understand the proceedings?
THE DEFENDANT:  No, ma'am.
THE COURT:  All right.  Mr. Fleites, do you have any
concerns about his competency?
MR. FLEITES:  None at this time, your Honor.
THE COURT:  All right.  Mr. O'Byrne, anything on
behalf of the government with respect to competency?
MR. O'BYRNE:  None, your Honor.
THE COURT:  All right.  So given the defendant's
answers to my questions here today I find the defendant is
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competent to proceed.
Mr. Vazquez, I know you have had other appearances
before the court.  This too is an appearance which you would
typically do in person.
Do you understand that you have a right to have the
arraignment be conducted in person, sir?
THE DEFENDANT:  Yes, ma'am.
THE COURT:  And did you discuss with your counsel
whether or not you wish to waive that right and instead consent
to appear by video?
THE DEFENDANT:  No.
THE COURT:  All right.  So did you have any discussion
with him about waiving, about going ahead and doing this by
video?
THE DEFENDANT:  No.  I was told that I would be on
video today and at 10 in the morning.  I didn't ask him, to be
honest with you.
THE COURT:  All right.  So this is the issue.  In
order for me to proceed by video I have to make sure that you
understand you have the right to appear in person and that you
can waive that right certainly, but because it is a waiver of a
fundamental right, I have to make sure you have spoken to your
lawyer about it.
So it probably won't take very long, Mr. Fleites, but
I am going to go ahead and put you and your client in a video
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room for a second so you can chat with him about it.
MR. FLEITES:  Your Honor, I apologize for
interrupting.  I don't think he is understanding.  I did speak
with him and he understands that we are going forward by video.
He has no problem with going forward by video as opposed to in
person.
Carlos, you understand that?
THE DEFENDANT:  Yes.
THE COURT:  Hold on.  Hold on.  We don't counsel
clients on the video.  It is a public forum.
So, Mr. Fleites, I have no problem putting you on the
video chat.  The question is whether or not you have informed
him that he has a right to appear in person and that he is
comfortable waiving or he agrees to waive it.  If it is two
minutes, that is fine, no problem.  I will just put you in a
chat room for a minute so you can explain that to Mr. Vazquez.
OK.
MR. FLEITES:  Sure.
THE COURT:  If you can just put them in a chat room
for a minute.  Thanks.
(Recess)
THE COURT:  Mr. Vazquez.
THE DEFENDANT:  Yes, ma'am, your Honor.
THE COURT:  Did you have an opportunity to speak to
your lawyer about waiving your right to appear in person?
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THE DEFENDANT:  Yes, ma'am, and I choose to go ahead
and waive my right and proceed at this moment.
THE COURT:  OK.  Mr. Fleites, are you satisfied that
his waiver and consent is in his best interest?
MR. FLEITES:  I am.
THE COURT:  Do you have any objection to appearing by
video?
MR. FLEITES:  I do not.
THE COURT:  Mr. O'Byrne, does the United States?
MR. O'BYRNE:  No objection to proceeding by video,
your Honor.
THE COURT:  All right.  So I find that given the
COVID-19 pandemic and the administrative orders of this court
we should proceed by video, given the pandemic and the orders
of this court.  It is in the best interest of justice that the
matter not be further delayed.  I find that the defendant's
waiver to his right to appear in person and his consent to
appear by video is knowing and voluntary.
Mr. Fleites, how do you want to proceed on the
arraignment?
MR. FLEITES:  We are ready at this time, your Honor.
THE COURT:  I'm having trouble hearing you.  Can you
repeat that?
MR. FLEITES:  Yes.  Your Honor, we are ready to move
forward with the arraignment.
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THE COURT:  You are going to waive the formal reading?
MR. FLEITES:  Yes.  We have received the indictment,
we waive its formal reading, we enter a plea of not guilty,
demand trial by jury and we ask for the standing discovery
order.
THE COURT:  OK.  So I will accept the waiver of the
formal reading of the indictment.  I will enter your plea of
not guilty, sir.  I will note your demand for a jury trial and
will enter the standing discovery order today.
As required by Federal Rule of Civil Procedure 5(f),
the United States is ordered to produce all exculpatory
evidence pursuant to Brady and its progeny.  Not doing so in a
timely manner may result in sanctions, including the exclusion
of evidence, adverse jury instructions, dismissal of charges,
and contempt proceedings.
Anything else, Mr. O'Byrne, on behalf of the United
States?
MR. O'BYRNE:  I think that is it, your Honor.  Thank
you.
THE COURT:  Mr. Fleites, anything else on behalf of
your client Mr. Vazquez?
MR. FLEITES:  Nothing that I can think of.
THE COURT:  All right.  Thank you very much.  You all
have a good day and stay safe.
THE DEFENDANT:  Thank you, Mr. O'Byrne, and thank you
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Carlos Fleites.
Thank you.  God bless you all.
THE COURT:  Thank you, sir.
(Adjourned)
 
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C E R T I F I C A T E 
 
I hereby certify that the foregoing is an accurate 
transcription to the best of my ability of the digital audio 
recording in the above-entitled matter. 
 
February 9, 2022      s/ Joanne Mancari 
                       Joanne Mancari, RPR, CRR, CSR 
                       Court Reporter  
    jemancari@gmail.com 
Case 1:21-cr-20231-DMM   Document 100   Entered on FLSD Docket 02/14/2022   Page 9 of 9

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