UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA,

-vs- 08-CR-54
09-CR-121
09-CR-141

SHANE C. BUCZEK,
Defendant.
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Proceedings held before the

Honorable William M. Skretny, Part IV,

U.S. Courthouse, 68 Court Street,

Buffalo, New York on December 10, 2009.

APPEARANCES:

CHARLES B. WYDYSH,
Assistant United States Attorney,
Appearing for the United States.

BRIAN P. COMERFORD,
Assistant Federal Public Defender.
Appearing for Defendant.

Michelle L. McLaughlin, RPR,

Official Reporter,
U.S.D.C. W.D.N.Y.
(716)332-3560
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1 THE CLERK: Criminal case 08-54, 09-121,

2 09-141, United States of America versus Shane

3 Buczek.

4 THE COURT: Okay. Mr. Wydysh.

5 MR. WYDYSH: Good morning, your Honor.

6 THE COURT: Mr. Comerford.

7 MR. COMERFORD: Morning, Judge.

8 THE COURT: Good morning, Mr. Buczek, how

9 are you?

10 THE DEFENDANT: Good morning, Judge.

11 THE COURT: Okay. All right. We've got

12 to take a look at these cases. We actually have

13 three cases that are separate and distinct. It

14 looks like we're going to have to schedule these

15 cases for trial. Jencks Act materials will have to

16 be turned over as soon as possible in connection

17 with those cases, Mr. Wydysh.

18 MR. WYDYSH: Yes, your Honor.

19 THE COURT: Are you going to be

20 representing Mr. Buczek as far as you know,

21 Mr. Comerford, or is there still an issue in that

22 regard?

23 MR. COMERFORD: I think there's still an

24 issue there, Judge.

25 THE COURT: Okay. What case is the

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1 government going to proceed on first, Mr. Wydysh?

2 MR. WYDYSH: Well, according to Mr. Bruce,

3 I think he would like to proceed on the passport

4 fraud case first, the 08-54, then next the bank

5 fraud case, 09-121, and then finally the criminal

6 contempt case, 09-141.

7 THE COURT: In order of sequential

8 indictment, right?

9 MR. WYDYSH: Yes, your Honor.

10 THE COURT: Okay. We will schedule the

11 three cases for trial, then, shortly, Mr. Buczek

12 and --

13 THE DEFENDANT: Judge, before we continue,

14 I'd like to -- again, I just want to make a record

15 of it that I'm here -- for the record, I'm here for

16 this matter, and like I have said numerous times

17 before that I don't consent to be recognized by the

18 name or the entity, and I did place a document in

19 front of you called a Notice of Mistake and

20 Affidavit of Support and Acceptance of Forgiveness

21 and Request for Forgiveness, Memorandum of Law. I

22 don't know if you've had an opportunity to read it

23 over the last three weeks --

24 THE COURT: Yeah, I have and -- go ahead.

25 THE DEFENDANT: And I wanted to see what

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1 your Honor's findings were on that and asking for

2 forgiveness on those matters, and looking for the

3 real party of interest to ask forgiveness from. I

4 still don't know who that -- you know, which would

5 be called ratification of commencement. I don't

6 know who to ask for forgiveness from.

7 THE COURT: All right. Well --

8 THE DEFENDANT: And I just want to ask for

9 your comment on that.

10 THE COURT: You know, I have reviewed it.

11 The document itself really seeks no legal relief as

12 such, and it's, in my judgment, irrelevant to the

13 criminal proceedings. It does seek judicial notice

14 of the scriptural story of forgiveness, and it

15 concludes with your asking for the Court's

16 forgiveness. In that context and looking at it in

17 the four corners of what you're seeking, it is

18 irrelevant -- and that's my finding -- to the

19 criminal proceedings, but it's duly noted, and I

20 will accept it for what it is, and we'll proceed on

21 that basis.

22 THE DEFENDANT: And if you recall, Judge,

23 I also mentioned -- I believe I mentioned something

24 about there's been a mistake, there's been no

25 proper notice, no meeting of the minds to pursue

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1 these cases, and I put numerous documents in. I

2 thought the ratification of commencement, I believe

3 it's Rule 17, to find out who the real party is,

4 and I don't know who has a claim against me.

5 THE COURT: Well, the charges are clear.

6 The cases are brought by the United States against

7 you. They are each -- well, there are three

8 separate cases all prosecuted by the same

9 authority. You are the defendant in each. There's

10 no question in that regard, and there does not have

11 to be a meeting of the minds with respect to

12 criminal prosecution.

13 THE DEFENDANT: I just wanted to make a

14 record, that's all. I don't consent to be

15 recognized by the name.

16 THE COURT: Okay.

17 THE DEFENDANT: And that --

18 THE COURT: That's duly noted.

19 THE DEFENDANT: Okay. Thank you. Also,

20 have you had an opportunity to read my -- the

21 docket or gone through any of my filings?

22 THE COURT: To read what, the docket?

23 THE DEFENDANT: Yes.

24 THE COURT: Yes.

25 THE DEFENDANT: All right. That's all.

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1 THE COURT: All right. I guess,

2 Mr. Comerford, I mean, you are attorney of record.

3 You've not been relieved. I am going to keep you

4 in this case, and I will assume that you are

5 attorney of record, or at the very least backup

6 counsel to Mr. Buczek.

7 MR. COMERFORD: Is it clear which I am,

8 Judge?

9 THE COURT: From my standpoint as of this

10 moment you are counsel. You are the attorney of

11 record, and you are to proceed with the defense of

12 Mr. Buczek in this case.

13 THE DEFENDANT: Judge, I still want to

14 have the door opened, as my understanding, I

15 thought we already had rectified three weeks ago

16 I'll be able to file the documents for the

17 defendant.

18 THE COURT: Well, I'll keep the door open.

19 The responsibility for filing is Mr. Comerford's,

20 and we will work through that though, Mr. Buczek.

21 I want to make sure that -- what's in the very best

22 of your interest. I understand your position. I'm

23 not denigrating or downgrading that. But I think

24 your attorney should be responsible for making the

25 filings, making the determinations, working with

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1 you in getting the most appropriate defense that

2 can be presented on your behalf. I believe you

3 need counsel. I understand that you're very

4 bright, that you have counsel of your own -- I

5 don't mean an attorney of your own, but I mean you

6 have resources that you go to to assist you in

7 preparing your defense. But I think working with

8 Mr. Comerford as your lawyer will make for the most

9 effective defense in this particular case on your

10 behalf. The door's open though. You work with

11 him.

12 THE DEFENDANT: I want to work with this

13 in an honorable way too.

14 THE COURT: Okay.

15 THE DEFENDANT: That's all. I have a

16 certain belief system, and I've always believed

17 it's been a personal vendetta, but I'm not here to

18 have any controversy. I thought by focusing on

19 public policy, focusing directly on God's law is

20 that's the document the notice of mistake was all

21 about. And I was hoping -- I'm sure you probably

22 read it, and --

23 THE COURT: Well, I know what you're

24 hoping, but it doesn't cut muster, if we will, for

25 purposes of the criminal prosecution.

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1 THE DEFENDANT: That's okay. I just want

2 to make sure it's in the record.

3 THE COURT: I understand your position,

4 and I will give you the fair opportunity to,

5 through your attorney, litigate this case in the

6 best way possible. Okay.

7 Mr. Comerford, that works from your standpoint?

8 MR. COMERFORD: Yes, Judge.

9 THE COURT: Mr. Wydysh, any objections?

10 MR. WYDYSH: No, your Honor.

11 THE COURT: All right. Let's -- we've got

12 to set -- well, the government's ready?

13 MR. WYDYSH: Yes, your Honor.

14 THE COURT: All right.

15 MR. WYDYSH: Just for scheduling purposes,

16 the passport fraud case Mr. Bruce advises will take

17 a couple of days. The bank fraud case he estimates

18 that will take a couple days, and the criminal

19 contempt case he estimates will take less than one

20 day.

21 THE COURT: All right. Let's set these up

22 as soon as we can get them on.

23 THE CLERK: Are we going one after the

24 other, or are we going one and three separate days?

25 MR. COMERFORD: I would rather not go one

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1 -- I would rather not to go back to back to back if

2 possible, Judge.

3 THE COURT: We'll case, break, case,

4 break.

5 MR. COMERFORD: If possible.

6 THE COURT: Yes.

7 THE CLERK: It will take me a couple of

8 minutes to figure this out.

9 February 16th, Judge, for one.

10 THE COURT: Okay. February 16th for

11 trial. First trial. That's O8 criminal 54. What

12 day is that?

13 THE CLERK: That's a Tuesday, Judge.

14 THE COURT: That's for the jury selection.

15 There will be a final status the day before, that

16 still works?

17 THE CLERK: That's a holiday, so it would

18 have to be the 12th.

19 THE COURT: All right. The 12th will be

20 the final status. And then I'll issue the pretrial

21 letter order in this particular case, and can you

22 set the next one for roughly 30 days or so after

23 that. Or within that period of time, not --

24 MR. COMERFORD: I appreciate the Court's

25 trying to give us time. I may not need that much

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1 time. I just didn't want them one day after the

2 other if possible, Judge. Thank you.

3 THE COURT: As early as you can get it.

4 THE CLERK: March 2nd.

5 THE COURT: Is that a Tuesday as well?

6 For 09-criminal 121. And then not one until after

7 April 1st.

8 THE CLERK: April 6th, Judge.

9 THE COURT: April 6th. That's a Tuesday

10 again? Okay. All right. Those are your trial

11 dates. Okay. And you will get further information

12 on what's necessary by way of preparation and what

13 you will be receiving from the government.

14 THE DEFENDANT: Judge, will there be an

15 answer on the -- the Notice of Mistake and

16 Affidavit of Support of Forgiveness and asking you

17 to forgive me, will there be an answer in the

18 docket, or is this going to be basically

19 irrelevant?

20 THE COURT: My statement with regard to

21 that is part of the record, so --

22 THE DEFENDANT: So there won't be no

23 filing for that then?

24 THE COURT: No.

25 THE CLERK: My minutes will reflect that.

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1 THE COURT: Okay. The docket will reflect

2 what I stated in terms of the determination. So

3 there is a paper record.

4 THE DEFENDANT: Yes. I need it to have

5 closure.

6 THE COURT: Okay. Okay. Thank you very

7 much, and we will see you here --

8 MR. WYDYSH: Judge, I would ask that the

9 time between now and February 16th be excluded on

10 the Speedy Trial Act to afford the government an

11 opportunity to assemble the 3500 material and

12 provide it to defense counsel so defense counsel

13 and defendant can examine it and prepare for trial.

14 And that by doing so, the defense counsel will

15 be -- will be more effective and provide more

16 effective assistance of counsel, which outweighs

17 the defendant's right and public's right to a

18 speedy trial.

19 MR. COMERFORD: That's fine, Judge, no

20 objection.

21 THE COURT: All right. I'll exclude the

22 time then under 3161(h)(7)(A), and that will

23 enable, because of particular circumstances of this

24 case, the opportunity to -- and I will hold the

25 government to the task to turn over all these

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1 materials as soon as possible so that Mr. Buczek

2 and his attorney can get them reviewed, do whatever

3 investigation is necessary, whatever preparation is

4 necessary to present a proper defense at trial.

5 MR. WYDYSH: Yes, your Honor.

6 THE COURT: Okay.

7 THE DEFENDANT: Just one more last thing,

8 Judge.

9 THE COURT: Sure.

10 THE DEFENDANT: Okay. Thanks. I just

11 want to put on the record that I have had -- under

12 Rule 902, I've had all my documents authenticated

13 by the department of state, the DOS and DOJ, by

14 Hillary Clinton and Eric Holder, and one was a

15 ratification of commencement, and the other one is

16 surrendering a defendant. I'm not sure if you had

17 an opportunity to review, but I know it's in the

18 docket. And basically all these documents, reason

19 why I got them authenticated, because it fits the

20 rules which is 902.

21 THE COURT: Yes.

22 THE DEFENDANT: And the thing that

23 really -- I need to know is that, you know, the

24 forgiveness issue it looks like is not going to go

25 the way I want it to go, but I need to know who the

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1 real party of interest is, if we're going to be

2 going down that path. And that's what I put in

3 these documents, and that has not been provided.

4 THE COURT: All right. Well --

5 THE DEFENDANT: Thank you.

6 THE COURT: Well, you know, I'll take a

7 look at the proper authentication of the documents,

8 you know, based on what you said.

9 THE DEFENDANT: I have the originals here.

10 THE COURT: You know, that can be the

11 basis for a stipulation, perhaps, if the documents

12 are relevant in the case. Work with your attorney

13 in ferreting out where they may fit into the scheme

14 of things for purposes of presenting your defense,

15 and I'll look at them.

16 THE DEFENDANT: It's not an argument at

17 all.

18 THE COURT: No.

19 THE DEFENDANT: Just so you know, I want

20 to make sure we're not going into the arguing side

21 here.

22 THE COURT: It's an issue of relevancy to

23 a certain extent, but the authentication will make

24 them admissible or not, depending.

25 THE DEFENDANT: That's the reason why I

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1 did it, because all these documents that I filed,

2 not one of them have been answered. Not one.

3 THE COURT: Okay. All right.

4 THE DEFENDANT: That's all. Thank you.

5 THE COURT: Thank you.

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 1 CERTIFICATION

3 I certify that the foregoing is a

4 correct transcription of the proceedings

5 recorded by me in this.

8 s/Michelle L. McLaughlin
Michelle L. McLaughlin, RPR
9 Official Reporter
U.S.D.C., W.D.N.Y.
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