Consent to Video Conference/Telephonic Conference — Waiver of Defendant's Presence — Sadleir, 20-CR-299-DMG (Document 87)
Summary
A consent to video or telephonic conference and waiver of defendant's presence form (CR-029), filed March 16, 2022 as Document 87 in United States v. William Sadleir, No. 20-CR-299-DMG, in the U.S. District Court for the Central District of California. By the form, Sadleir states that, after consulting counsel, he knowingly and voluntarily consents to listed proceedings taking place by video conference, or by telephone if video is not reasonably available, instead of in person in open court. The form lists proceedings such as detention hearings, initial appearances, preliminary hearings, felony pleas and felony sentencings. Its proposed findings concern whether a felony plea or sentencing can be further delayed without serious harm to the interests of justice.
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“Consent to Video Conference/Telephonic Conference — Waiver of Defendant's Presence — Sadleir, 20-CR-299-DMG (Document 87).”
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Case 2:20-cr-00299-DMG Document 87 Filed 03/16/22 Pagelof2 Page ID #:334
FILED
NAME & ADDRESS CLERK, U.S. DISTRICT COURT
Adam Olin
321 E. 2nd Street Mar 16, 2022
Los Angeles, CA 90012 CENTRAL DISTRICT OF CALIFORNIA
BY: T DEPUTY
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
UNITED STATES OF AMERICA
PLAINTIEE, 20-CR-299-DMG
Vv.
WILLIAM SADLEIR
CONSENT TO VIDEO/TELEPHONIC CONFERENCE
USMS Reg. #: AND/OR WAIVER OF DEFENDANT'S PRESENCE
DEFENDANT(S). AND PROPOSED FINDINGS/ORDER
Check each that applies:
CONSENT TO VIDEO CONFERENCE/TELEPHONIC CONFERENCE C] WAIVER OF DEFENDANT'S PRESENCE
1. Consent to Video Conference/Telephonic Conference
I, William Sadleir , 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 Hearing(s) (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 Hearing(s) (18 U.S.C. Sec. 3142) [_] Probation and Supervised Release Revocation
[_] Preliminary Hearing (Fed. R. Crim. P. 5.1) Proceedings (Fed. R. Crim. P. 32.1)
[_] 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
3/15/2022 ULLbwzm Sallecr
Date Defendant Signed for Defendant by Counsel for Defendant with
Defendant's Authorization [Check if applicable]
2
In Custody: For in-custody defendants,
[] Yes No list institution where housed:
CR-029 (08/20) CONSENT TO VIDEO/TELEPHONIC CONFERENCE AND/OR WAIVER OF DEFENDANT'S PRESENCE P.1OF2
Case 2:20-cr-00299-DMG Document 87 Filed 03/16/22 Page 2of2 Page ID #:335
I have translated this consent/waiver to the Defendant in the language.
Date Interpreter (if required)
Signed for Interpreter by Counsel for Defendant with
L 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).
Date Counsel for Defendant
3. Proposed Findings Regarding Harm of Further Delay of Felony Plea or Sentencing
Pursuant to § 15002(b)(2) of the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and § 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), 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.
Mr. Sadleir is a member of an at-risk group for COVID-19 based on his age. In light of the ongoing pandemic, Mr. Sadleir wishes
to reduce his risk of exposure to others. Moreover, a delay in a change of plea may implicate the Speedy Trial Act. For these
reasons, Mr. Sadleir wishes to proceed with a change of plea via video teleconference.
4. Order Adopting Findings Regarding Harm of Further Delay of Felony Plea or Sentencing
Pursuant to § 15002(b)(2) of the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and § 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.
March 16, 2022
Date
CR-029 (08/20) CONSENT TO VIDEO/TELEPHONIC CONFERENCE AND/OR WAIVER OF DEFENDANT'S PRESENCE P.2 OF2
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