Indictment - United States v. Tracy and Carolyn Wade

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 146-3 · 2024-09-04 · Docket on CourtListener

Summary

An excerpt of the trial transcript in United States of America v. Carolyn D. Wade, No. 0:23-cr-60173-KMW, in the U.S. District Court for the Southern District of Florida, covering a hearing within trial on May 17, 2024 before United States District Judge Donald L. Graham, entered on the docket September 4, 2024 as Doc. 146-3. The two pages are the transcript's cover page and page 22. On that page the Court states that, based on the evidence, it does not see any improper governmental interference, and that the witnesses had cause to be concerned about potential liability and their Fifth Amendment privilege. The Court denies any request to dismiss the case on that basis and then turns to a draft of the jury instructions, beginning with the duty to follow instructions and the presumption of innocence.

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CRIMINAL DIVISION
CASE NO. 23-CR-60173 WILLIAMS (GRAHAM) 
UNITED STATES OF AMERICA, 
Miami, Florida 
Plaintiff,
May 17, 2024
vs.
 
9:49 AM - 4:01 PM
CAROLYN D. WADE,
(HEARING WITHIN TRIAL) 
Defendant. 
Pages 1 to 35
____________________________________________________________
TRANSCRIPT (EXCERPT) OF TRIAL
HELD BEFORE THE HONORABLE DONALD L. GRAHAM
UNITED STATES DISTRICT JUDGE
LANCE W. STEINBEISSER, FCRR, RPR, FPR-C
Official Court Reporter
United States District Court
400 North Miami Avenue 
Miami, Florida 33128
305.523.5633
Proceedings recorded by mechanical stenography; transcript 
produced by computer-aided transcription. 
Case 0:23-cr-60173-KMW   Document 146-3   Entered on FLSD Docket 09/04/2024   Page 1 of 2

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hearing was granted, yes. 
THE COURT:  All right.  And so that's been 
accomplished.  
So you can step outside, and I'm going to have a 
conversation, and then I suspect you will be excused. 
MS. CHASE:  Okay.  Thank you, Your Honor. 
THE COURT:  All right.  Thank you.  
All right.  Based on the evidence, I don't see any 
improper governmental interference.  Frankly, based on what I 
have heard in the case, if the witnesses had taken the stand 
and questions had begun, I likely would have stopped the 
proceeding and advised them exactly as their counsel did, that 
you understand that you potentially have some liability and 
are you taking advantage of your Fifth Amendment privilege.  
And based upon what I have heard, there was certainly cause 
for these individuals to be concerned.  
In fact, that's the government's theory and, in fact, 
it's the defense's theory that they did it and not their 
clients.  So if there is a request to dismiss the case on that 
basis, that request is denied.  
Now, let's go further.  I want you to take a look at 
the instructions that you were given.  This is a draft.  So 
let's go through them seriatim and decide which ones should be 
given and which ones should not.  So on page 2, we have the 
duty to follow instructions and the presumption of innocence.  
Case 0:23-cr-60173-KMW   Document 146-3   Entered on FLSD Docket 09/04/2024   Page 2 of 2

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