Court filing
Virtual Initial Appearance Hearing — United States v. Ulysse (Dkt. 58, D. Md.)
Summary
The transcript of a virtual initial appearance hearing on March 26, 2021 before Judge A. David Copperthite in United States v. Medard Ulysse, Criminal No. 21-CR-00054, in the U.S. District Court for the District of Maryland, filed January 25, 2022. Matthew Maddox appeared for the government and Richard Bardos for the defendant. The index lists preliminary matters, the court's advice of rights to the defendant, and a ruling by Judge Copperthite. The hearing began at 4:15 p.m. and concluded at 4:30 p.m. The transcript was produced by CompuScribe from an electronic sound recording.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Filed January 25, 2022 in Medard Ulysse; one of 8 filings from this case.
Record facts
| Court | U.S. District Court for the District of Maryland |
|---|---|
| Filed | 2022-01-25 |
Cite this document
“Virtual Initial Appearance Hearing — United States v. Ulysse (Dkt. 58, D. Md.).”
U.S. District Court for the District of Maryland, No. 1:21-cr-00054, Doc. 58, filed 2022-01-25. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-eghosasere-avboraye-igbenidion/2022-01-25-virtual-initial-appearance-hearing-dkt-58/
, SHA-256 ae25d950680cfcb5d795d668af154f12100a1765823dc5753836f588c00a0403.Full text
Case 1:21-cr-00054-RDB Document 58 Filed 01/25/22 Page 1 of 14
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
NORTHERN DISTRICT
- - - - - - - - - - - - - - - x
:
UNITED STATES OF AMERICA :
:
v. : Criminal No. 21-CR-00054
:
MEDARD ULYSSE, :
:
Defendant. : Baltimore, Maryland
:
- - - - - - - - - - - - - - - x March 26, 2021
VIRTUAL INITIAL APPEARANCE HEARING
BEFORE: THE HONORABLE A. DAVID COPPERTHITE, Judge
APPEARANCES: MATTHEW MADDOX, ESQ.
Office of the U.S. Attorney
36 S. Charles Street, Suite 400
Baltimore, Maryland 21201
On Behalf of the Government
RICHARD BARDOS, ESQ.
Shulman, Hershfield, and Gilden,
PA
1 East Pratt Street, Suite 904
Baltimore, Maryland 21202
On Behalf of the Defendant
Audio Operator: Lamar Purnell
Transcription Company: CompuScribe
P.O. Box 789
Cheltenham, Maryland 20706-9998
Proceeding recorded by electronic sound recording,
transcript produced by transcription service.
CompuScribe
(301) 577-5882
Case 1:21-cr-00054-RDB Document 58 Filed 01/25/22 Page 2 of 14
2
I N D E X
Page
Preliminary Matters 3
Court and Defendant Re: Advice of Rights 4
Ruling by Judge A. David Copperthite 12
KEYNOTE: "---" Indicates inaudible in transcript.
"*" Indicates phonetic spelling in transcript.
Case 1:21-cr-00054-RDB Document 58 Filed 01/25/22 Page 3 of 14
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1 P R O C E E D I N G S
2 (Whereupon, at 4:15 p.m., the hearing began.)
3 THE CLERK: This Honorable Court now resumes in
4 session. The Honorable A. David Copperthite presiding.
5 THE COURT: Good afternoon, everyone.
6 MR. BARDOS: Afternoon, Your Honor.
7 MR. MADDOX: Afternoon, Your Honor.
8 THE COURT: May I ask you to call the case, please?
9 MR. MADDOX: Yes, Your Honor. Calling the case of
10 United States of America versus Medard Ulysse, AKA "J". This
11 is Criminal Case Number GLR-21-054. I am Assistant U.S.
12 Matthew Maddox, on behalf of the Government. Your Honor, we
13 are here for an initial appearance.
14 THE COURT: Thank you.
15 Mr. Bardos?
16 MR. BARDOS: Good afternoon, Your Honor. Richard
17 Bardos. I have been asked to be here on behalf of
18 Mr. Ulysse.
19 THE COURT: Good afternoon, Mr. Ulysse.
20 THE DEFENDANT: Good afternoon, sir.
21 THE COURT: Mr. Ulysse, can you hear me okay?
22 THE DEFENDANT: Yes, I can. Should I stand up
23 or --- --
24 THE COURT: No, you are fine. You can stay seated.
25 That is all right.
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1 THE DEFENDANT: Okay --
2 THE COURT: If you have a problem hearing me, just
3 raise your hand so I can see you. Okay?
4 THE DEFENDANT: Yes, sir.
5 THE COURT: All right. Because normally,
6 Mr. Ulysse, we would be in a courtroom where we would conduct
7 this, you would be sitting next to your lawyer, and that
8 would be the normal procedure. But we can't do that because
9 there is a pandemic. But I just want to make sure you agree
10 to proceed this way --- --
11 THE DEFENDANT: Yes, I do, sir.
12 THE COURT: Okay. All right. Okay. You are
13 charged with one count of mail fraud -- conspiracy to commit
14 mail fraud, in violation of 18 U.S.C., Section 1429. That
15 particular offense carries a maximum penalty of 20 years
16 incarceration to the Bureau of Prisons, a $250,000 -- excuse
17 me -- and up to 5 years of supervised release. Do you
18 understand the nature of the charges and the maximum
19 penalties you could face if you were convicted of those
20 charges?
21 THE DEFENDANT: Yes, I do.
22 THE COURT: Okay. Now, Mr. Ulysse, you also have
23 two very important constitutional rights. First is the right
24 to remain silent. You do not have to speak to anyone from
25 the Government about these charges, and anything you do say
Case 1:21-cr-00054-RDB Document 58 Filed 01/25/22 Page 5 of 14
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1 can be used against you in court. Do you understand that?
2 THE DEFENDANT: Yes, sir.
3 THE COURT: All right. The second right you have,
4 very important right, is the right to counsel, the right to
5 an attorney. And it is my understanding you completed a
6 financial affidavit --- about your income and so forth?
7 THE DEFENDANT: Yes, ---.
8 THE COURT: Is that information true and correct,
9 Mr. Ulysse?
10 THE DEFENDANT: Yes, Your Honor.
11 THE COURT: Based on that, I am going to appoint
12 counsel for you. I am going to appointment Mr. Bardos to
13 represent you. Mr. Bardos is a private attorney. He is a
14 member of what is called the Criminal Justice Panel. These
15 are lawyers who are especially qualified to practice criminal
16 law, here in United States District Court. Mr. Bardos is a
17 member of that panel. So, I will appoint him to represent
18 you in this matter.
19 One other thing I need to cover is a warning I need
20 to read to the Government, and it is required by law Rule
21 5(f). The United States is ordered to produce all
22 exculpatory evidence to the Defendant pursuant to Brady
23 versus Maryland, and its progeny.
24 Not doing so in a timely manner may result in
25 sanctions including the exclusion of evidence, adverse jury
Case 1:21-cr-00054-RDB Document 58 Filed 01/25/22 Page 6 of 14
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1 instructions, dismissal of charges, contempt proceedings,
2 vacating a conviction, and disciplinary action toward the
3 prosecution.
4 So, where is the Government, in terms of ---
5 Mr. Maddox?
6 MR. BARDOS: Oh, just one note, Your Honor. I just
7 wanted to know of a potential correction. In Your Honor's
8 review of the maximum penalties that attend to the charge in
9 the indictment, I believe you said it was a maximum of 5
10 years of supervised release. I believe that the maximum is 3
11 years supervised release.
12 THE COURT: No, I thought so, too, but I think the
13 --- is incorrect. It said 5 --
14 MR. BARDOS: ---. Okay.
15 THE COURT: So --
16 MR. BARDOS: It's 5. That is my office computer.
17 I apologize for that.
18 THE COURT: All right. So, that corrects the
19 amount. If you were convicted, Mr. Ulysse, you would only be
20 subject to 3 years of supervised release. I ---.
21 (Simultaneous discussion.)
22 THE COURT: Now, as to release of detention.
23 MR. MADDOX: The Government agrees with the
24 determination of Pre-trial Services and would request
25 detention in this matter based on risk of flight and danger
Case 1:21-cr-00054-RDB Document 58 Filed 01/25/22 Page 7 of 14
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1 to the community.
2 THE COURT: Okay. One question I have for
3 Mr. Maddox. I am going to look at this ---. Does the
4 statute you to seek detention based on danger to the
5 community when --- and mail fraud offense?
6 MR. MADDOX: I believe so, Your Honor, but I could
7 be mistaken.
8 (Pause)
9 THE DEFENDANT: Am I allowed to speak?
10 THE COURT: It is probably not a good idea for you
11 to speak yet. You need to talk to your --- --
12 THE DEFENDANT: Okay.
13 THE COURT: That is just --- at this minute.
14 (Pause)
15 THE COURT: In this case, I think it would be based
16 on the fact that he has been convicted of --- offenses
17 described in Paragraphs A through C. That includes drug
18 offense --- offenses. Let me see. I am looking at Section
19 3142 subsection (f)(2). It says (reading):
20 "The judicial officer shall hold a hearing
21 to determine whether any condition or
22 combination of conditions set forth in
23 subsection (c) of this section (c) if this
24 section will reasonably assure the appearance
25 of such person as required and the safety of
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1 any other person in the community upon motion
2 of the attorney for the Government in any
3 case that involves the serious risk that such
4 person will flee or serious risk that such
5 person will obstruct or attempt to obstruct
6 justice or threaten to injure or intimidate
7 or attempt to threaten, injure, and
8 intimidate prospective witness ---."
9 So, are you seeking on flight, Mr. Maddox?
10 MR. MADDOX: I am seeking on flight at this point,
11 Your Honor, but I will reserve the right to raise additional
12 factors that could be considered by the Court in ---.
13 THE COURT: One other issue is under subsection (C)
14 above that, capital C, a felony of the --- offense charged in
15 (a)(2)(c). And don't know that we have any felony drug
16 offenses ---.
17 MR. MADDOX: Right. I will --
18 THE COURT: I think it is only available to seek
19 detention if ---, unless you tell me otherwise.
20 THE DEFENDANT: Okay. I ---. I presented myself
21 willingly today. I brought myself here.
22 THE COURT: Okay.
23 THE DEFENDANT: I ---.
24 THE COURT: We are not holding an actual hearing on
25 that, Mr. Ulysse. It is whether or you are -- whether the
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1 Government is entitled to even seek detention. That is the
2 question.
3 Mr. Bardos, --- weigh in on this? I am looking at
4 3142 and I -- this doesn't come up often, but does normally
5 --- around detention.
6 MR. BARDOS: I think you are correct, Your Honor,
7 that flight is the issue. I am a little surprised that a man
8 who came up here from Georgia, voluntarily, and turned
9 himself in the Government believes to be a risk of flight
10 when I think that is pretty good evidence he is not. But I
11 think you are entitled to a hearing, and that is the way the
12 statute reads.
13 THE COURT: Okay. So, need to schedule a hearing,
14 but I -- you think the issue is a risk to flight.
15 Mr. Purnell, what is the first available hearing
16 date we have for ---?
17 THE CLERK: ---.
18 THE COURT: Monday? Monday at 9:30.
19 MR. MADDOX: Your Honor, I am not available Monday,
20 at all. As much as I would like to get to the hearing I
21 can't do it on Monday. I am sorry.
22 THE CLERK: ---.
23 THE COURT: So, are we reserving --- for Mr. ---.
24 Why don't we set it in for Wednesday afternoon?
25 MR. : One second.
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1 THE COURT: What is the easiest time they can ---
2 in the afternoon on Wednesday? 3:30? That may be a problem
3 with initial appearances, but --
4 THE CLERK: --- 2 o'clock ---.
5 THE COURT: And that is Wednesday. That is the
6 ---? All right, we will set it in for that. All right. Is
7 there anything further?
8 Oh, Mr. Bardos. Excuse me. Sorry, I have been
9 doing ---. Mr. Bardos, are there any medical issues that we
10 need to address?
11 MR. BARDOS: I don't believe so, Your Honor. Not
12 according to the Pre-trial report.
13 THE COURT: Okay. And Mr. Ulysse, --- --
14 THE DEFENDANT: One second. Pardon me?
15 THE COURT: I am sorry. Mr. Ulysse came to
16 Maryland and turned himself in.
17 MR. BARDOS: Yes, sir.
18 THE DEFENDANT: I came all the way from Georgia to
19 turn myself in, with no problem. No problem. I came all the
20 way over here.
21 THE COURT: --- --
22 THE DEFENDANT: --- I find out what was going on,
23 my lawyer -- I got to talk to my lawyer. My lawyer was
24 contacting Mr. Maddox, and I came straight over here and I
25 turned myself in, no problem. I have no reason to run. I
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1 understand, I respect the law, and I came directly over here.
2 Cooperate 100 percent.
3 THE COURT: Okay.
4 THE DEFENDANT: My --
5 THE COURT: Mr. --
6 THE DEFENDANT: -- baby's mother and my son
7 was --- --
8 THE COURT: Mr. Ulysse, I am sorry. It probably
9 not a good idea for you to talk. Do it on the record. Okay?
10 So, I am not -- as much as I would like to hear what you have
11 to say, I think it would be great to talk to your lawyer.
12 MR. MADDOX: Your Honor, if I could just respond to
13 the point that Mr. Bardos raised. The Defendant has been
14 aware of his arrest warrant since last -- well, since
15 Wednesday. He was advised to turn himself in immediately in
16 the jurisdiction that he was in, which was the Northern
17 District of Georgia. My understanding, from his attorney,
18 was that he essentially refused to do that.
19 So, he elected and he chose the time that he would
20 turn himself in, and that was this morning at 9 a.m. And my
21 understanding is he arrived a little bit late, he -- about an
22 hour late this morning. So, I just wanted to make sure that
23 the record was clear on that.
24 THE DEFENDANT: No, I wasn't in the Northern
25 District of Georgia. When my lawyer spoke to Mr. Maddox and
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1 ---, they said that it would be better to go back. I had a
2 warrant in Maryland, to go directly to Maryland to turn
3 yourself in. And he spoke to Mr. Maddox on a Wednesday, and
4 on -- since Wednesday, he knew that I was coming on Friday to
5 turn myself in, which is what I did. I came on Friday,
6 turned myself in this morning.
7 THE COURT: All right. We can just -- --- --
8 MR. MADDOX: Just to be clear, to lawyer to which
9 both Mr. -- to which Mr. Ulysse is referring is not me --
10 (Simultaneous discussion.)
11 THE COURT: I think that -- I am sure there was
12 somebody where he was at the time --
13 MR. MADDOX: Yes, sir.
14 THE COURT: Mr. Bardos, give me just a minute ---.
15 --- says.
16 (Pause)
17 THE COURT: Unfortunately, based on this, I don't
18 think I have very much latitude here. So, looks like this is
19 in for a hearing for Wednesday, 3 p.m. And I will enter a
20 temporary order of detention until then, and maybe by then,
21 certainly, Mr. Ulysse can provide you with all the
22 information he needs.
23 MR. BARDOS: Yes, yes.
24 THE COURT: Okay. All right? Anything further
25 that -- any medical issues we need to address?
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1 MR. BARDOS: No, Your Honor. I would just ask you,
2 is it possible, Mr. Purnell, that I can have a breakout room
3 with Mr. Ulysse for a couple minutes after the hearing?
4 Thank you.
5 THE COURT: All right. Then, if there is nothing
6 further we will stand in recess.
7 THE CLERK: ---.
8 (Whereupon, at 4:30 p.m., the hearing concluded.)
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C E R T I F I C A T E
I certify that the foregoing is correct transcript
from the electronic sound recording of the proceedings in the
above-entitled matter.
_______________________________________
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