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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

CourtU.S. District Court for the District of Maryland
Filed2022-01-25

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.

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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.

       Case 1:21-cr-00054-RDB   Document 58   Filed 01/25/22    Page 4 of 14
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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

       Case 1:21-cr-00054-RDB   Document 58     Filed 01/25/22    Page 8 of 14
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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

       Case 1:21-cr-00054-RDB   Document 58    Filed 01/25/22   Page 9 of 14
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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.

      Case 1:21-cr-00054-RDB   Document 58     Filed 01/25/22   Page 10 of 14
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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

      Case 1:21-cr-00054-RDB   Document 58     Filed 01/25/22   Page 11 of 14
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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

      Case 1:21-cr-00054-RDB   Document 58   Filed 01/25/22    Page 12 of 14
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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?

      Case 1:21-cr-00054-RDB   Document 58   Filed 01/25/22    Page 13 of 14
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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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      Case 1:21-cr-00054-RDB   Document 58   Filed 01/25/22   Page 14 of 14
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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.




           _______________________________________
           Brenda Khan              Date

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