Transcript of Bond Revocation Hearing, April 11, 2023 — United States v. Keith Berman (No. 1:20-cr-00278)
Summary
Transcript of a bond revocation hearing in United States of America v. Keith Berman, Criminal Action No. 20-cr-278, in the U.S. District Court for the District of Columbia, held April 11, 2023, at 10:05 a.m. before the Honorable Trevor N. McFadden, filed as Document 214 on July 29, 2024. Counsel Kevin Collins says the defense is inclined to move the case to California, and Christopher Fenton says the government has not formulated a position and sees a path toward trial on December 8th. The Court says its instinct is to continue the hearing about a week so the defense can move for transfer, and sets 10 a.m. on the 25th. The transcript ends with a 15-minute break.
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“Transcript of Bond Revocation Hearing, April 11, 2023 — United States v. Keith Berman (No. 1:20-cr-00278).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-d-c-no-1-20-cr-00278-dkt-214-d-d-c-87e9980439/
, SHA-256 aa67779a5fd56cce155125d7e0a50f7173cf5957fa19ae0ba948e5a420abb458.Full text
Case 1:20-cr-00278-TNM Document 214 Filed 07/29/24 Page 1 of 7 1
1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
2
3 United States of America, ) Criminal Action
) No. 20-cr-278
4 Plaintiff, )
) BOND REVOCATION HEARING
5 vs. )
) Washington, DC
6 Keith Berman, ) April 11, 2023
) Time: 10:05 a.m.
7 Defendant. )
___________________________________________________________
8
TRANSCRIPT OF BOND REVOCATION HEARING
9 HELD BEFORE
THE HONORABLE JUDGE TREVOR N. McFADDEN
10 UNITED STATES DISTRICT JUDGE
____________________________________________________________
11
A P P E A R A N C E S
12
For Plaintiff: Christopher Fenton
13 Katherine McCarthy
Matthew Reilly
14 U.S. Department of Justice
1400 New York Avenue, NW
15 Washington, DC 20530
16 For Defendant: Michelle Peterson
Office of Federal Public Defender
17 625 Indiana Avenue, NW, Suite 550
Washington, DC 20004
18 Kevin Collins
Nick Xenakis
19 Covington & Burling LLP
One CityCenter
20 850 Tenth Street, NW
Washington, DC 20001
21
Pretrial Services: Christine Schuck
22 ____________________________________________________________
23 Court Reporter: Janice E. Dickman, RMR, CRR, CRC
Official Court Reporter
24 United States Courthouse, Room 6523
333 Constitution Avenue, NW
25 Washington, DC 20001
202-354-3267
Case 1:20-cr-00278-TNM Document 214 Filed 07/29/24 Page 2 of 7 2
1 * * * * * * *P R O C E E D I N G S* * * * * * *
2 THE COURTROOM DEPUTY: Your Honor, this is criminal
3 case 20-278, United States of America versus Keith Berman.
4 From pretrial, Officer Christine Schuck.
5 Counsel, please come forward to identify yourselves
6 for the record, starting with the government.
7 MR. FENTON: Good morning, Your Honor. Christopher
8 Fenton, Kate McCarthy, and Matt Reilly for the United States.
9 And with us here we have U.S. Postal Inspector Kevin Powers.
10 THE COURT: Good morning, folks.
11 MR. COLLINS: Good morning, Your Honor. Kevin
12 Collins, from Covington & Burling, joined by my colleagues
13 Elizabeth Ertle, Nicholas Xenakis, and our co-counsel Michelle
14 Peterson from the Public Defender's Office.
15 THE COURT: And we have Mr. Berman appearing by video
16 conference. Mr. Collins, have you discussed with your client
17 proceeding virtually -- well, his virtual appearance for
18 purposes of today's hearing?
19 MR. COLLINS: Yes, Your Honor. And, in fact, he's
20 joined by an assistant federal defender, Jon Aminoff, from the
21 Central District in California.
22 THE COURT: Am I correct, Mr. Berman, that you want
23 to proceed virtually for today's bond revocation hearing?
24 THE DEFENDANT: Yes.
25 THE COURT: Mr. Collins, have you also had an
Case 1:20-cr-00278-TNM Document 214 Filed 07/29/24 Page 3 of 7 3
1 opportunity to talk with your client about potentially
2 transferring this case to California?
3 MR. COLLINS: Yes, Your Honor. We -- we're inclined
4 to move the case to California. We've talked to the government
5 about it. And, so, given the medical conditions and everything
6 else, we would propose doing that.
7 THE COURT: Okay. I haven't done this before --
8 well, what's your understanding of what that process looks like
9 and what standard needs to be met?
10 MR. COLLINS: I don't have a good understanding of
11 that, Your Honor. This is something that -- we've had a
12 difficult time communicating with Mr. Berman. He's in the
13 hospital. We can't call him. He's called us a few times over
14 the last couple weeks. That's among the reasons we want to
15 move the case. We will stay on it as counsel, but I don't have
16 a good answer for Your Honor right now.
17 THE COURT: All right. Mr. Fenton, do you know?
18 MR. FENTON: I do, Your Honor. The motion would have
19 to be made to the defendant. It would be pursuant to Rule
20 21(b). And the government -- we just spoke to counsel about
21 this issue for the first time yesterday, early afternoon; late
22 morning, early afternoon. So we have still not formulated a
23 position.
24 The government's concern, of course, is now that we
25 have a firm trial date, now that the defendant is in custody,
Case 1:20-cr-00278-TNM Document 214 Filed 07/29/24 Page 4 of 7 4
1 you know, we see a clear path toward proceeding the trial on
2 December 8th, particularly given the medical records that were
3 recently submitted, which seem to confirm that the defendant is
4 okay and getting the treatment that he requires. But, we have
5 not formulated a position yet. So it may be the case that the
6 government opposes it and -- opposes any such motion and seeks
7 to proceed in this court on December 8th.
8 THE COURT: All right. So let me tell you what my
9 instinct is, is that we give you all, I'm thinking, about a
10 week to figure out -- I guess my instinct is not to proceed
11 with a revocation hearing, if this is going to another judge
12 elsewhere. I think that that judge should make the decision.
13 I know things have been moving a little quickly for everyone
14 and, so, I guess my instinct is to continue this, maybe for
15 about a week, to give the defense an opportunity to move for
16 transfer and for the government to formulate its view on
17 whether or not transfer would -- whether they would consent to
18 it. Does that make sense to you, Mr. Collins?
19 MR. COLLINS: Just -- that works for the defense.
20 We'll file an appropriate motion.
21 THE COURT: Okay. So just looking at the calendar
22 here -- I don't to leave Mr. Berman just kind of in limbo here
23 indefinitely.
24 I guess, I would suggest setting -- continuing this
25 hearing for, maybe, 10 a.m. next Thursday, and asking -- is
Case 1:20-cr-00278-TNM Document 214 Filed 07/29/24 Page 5 of 7 5
1 this -- so, Mr. Fenton, is this something -- do you have to
2 consent or do I hear your view and then decide?
3 MR. FENTON: My understanding -- and this is subject
4 to us just double checking the law -- but my understanding is
5 that you would hear our view and then decide.
6 THE COURT: Okay. So how quickly could you file
7 something Mr. Collins?
8 MR. COLLINS: We will have something in by the end of
9 this week.
10 THE COURT: Okay. And can I ask -- well, first does
11 next Thursday morning work for continued hearing, sir?
12 MR. FENTON: Your Honor, it would be preferable if we
13 could do it early the following week, if all -- all things
14 being equal. Perhaps the 24th or the 25th?
15 THE COURT: I could do 10 a.m. on April 24th.
16 MR. COLLINS: Your Honor, I'm out of town on the
17 24th. I'm in town on the 25th.
18 THE COURT: Okay. On the 25th, 10 a.m. the 25th.
19 MR. FENTON: Yes, Your Honor. Thank you.
20 THE COURT: All right. Just so we've got our
21 schedules, we're all on the same page, Mr. Collins is going to
22 file his motion by the 14th. I'll ask the government to file
23 its response, I think would be the appropriate term, on the
24 20th. And then let's be back together on the 25th. I think --
25 I'll ask you to have your witness available, to the extent that
Case 1:20-cr-00278-TNM Document 214 Filed 07/29/24 Page 6 of 7 6
1 you're not consenting. If you're consenting, you don't need to
2 have your witness available. But if you're not, I think I
3 would first hear argument, to the extent we need to hear
4 argument, and then at least give you an opportunity to reply to
5 their opposition. And then if I'm keeping the case, we would
6 move right to the revocation hearing. Does that make sense,
7 Mr. Collins?
8 MR. COLLINS: Sounds fine, Your Honor.
9 THE COURT: Does that make sense to you, sir?
10 MR. FENTON: Yes, Your Honor.
11 THE COURT: I think we already have the speedy trial
12 tolled, so I don't think there's anything else I need to do at
13 this point. Do you agree, Mr. Fenton?
14 MR. FENTON: Yes, Your Honor.
15 THE COURT: And Mr. Collins?
16 MR. COLLINS: Yes, Your Honor.
17 THE COURT: Great. Thank you, gentlemen. I'll see
18 you on -- I guess it's Tuesday, April 25th.
19 MS. PETERSON: Does the Court have something
20 immediately after this? Or could we keep Mr. Berman in a Zoom
21 call for a moment?
22 THE COURT: I do have something, but it's live -- are
23 we next at 10:30? This went much fast than expected.
24 MS. PETERSON: If you could put us in a breakout room
25 and I will join and then we'll just sit someplace where we can
Case 1:20-cr-00278-TNM Document 214 Filed 07/29/24 Page 7 of 7 7
1 talk with him outside of the courtroom, if that works. Thank
2 you, Your Honor.
3 THE COURT: I'll take a 15-minute break.
4 * * *
5
6
7
8
9 CERTIFICATE OF OFFICIAL COURT REPORTER
10
11 I, JANICE DICKMAN, do hereby certify that the above and
12 foregoing constitutes a true and accurate transcript of my
13 stenographic notes and is a full, true and complete transcript
14 of the proceedings to the best of my ability.
15 Dated this 29th day of July, 2024
16
17
18 ________________________________
19 Janice E. Dickman, CRR, CMR, CCR
Official Court Reporter
20 Room 6523
333 Constitution Avenue, N.W.
21 Washington, D.C. 20001
22
23
24
25
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