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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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Cite this document

“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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