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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff, )
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v.
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SHAWNA COX,
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Defendant. )
________________________________)

Case No. 3:16-mj-00004-7

January 29, 2016
Portland, Oregon

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DETENTION HEARING

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TRANSCRIPT OF PROCEEDINGS

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BEFORE THE HONORABLE STACIE F. BECKERMAN

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UNITED STATES DISTRICT COURT MAGISTRATE JUDGE

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APPEARANCES
FOR THE PLAINTIFF:
ETHAN D. KNIGHT
United States Attorney's Office
1000 SW Third Street
Suite 600
Portland, OR 97204

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FOR THE PLAINTIFF:
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GEOFFREY BARROW
United States Attorney's Office
1000 SW Third Street
Suite 600
Portland, OR 97204

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FOR THE DEFENDANT:

TIFFANY A. HARRIS
Attorney at Law
811 SW Naito Parkway
Suite 500
Portland, OR 97204

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COURT REPORTER:

Jill L. Jessup, CSR, RMR, RDR, CRR

United States District Courthouse
1000 SW Third Avenue, Room 301
Portland, OR 97204
(503)326-8191

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TRANSCRIPT OF PROCEEDINGS
MR. BARROW:

Thank you, Your Honor.

Geoffrey Barrow

and Ethan Knight on behalf of the United States.

matter is United States v. Shawna Cox.

I'll note for the record that Ms. Cox appears in the custody of

the U.S. Marshals.

is the time and place set for review of detention.

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The next

It is case 16-mj-004-7.

She's represented by Tiffany Harris.

This

This case, unlike some of the other ones we discussed

today, the government is amenable to a release plan.

There are

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a couple of issues I would like to take up on that.

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would seek that she not be released until the armed occupation

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of the Malheur National Wildlife Refuge comes to an end.

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there are, of course, a number of conditions outlined in the

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pretrial services report; a couple that we don't think are

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covered by what we've requested in our detention memo.

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that the defendant be ordered not to enter any federal facility

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without prior authorization of pretrial services except as is

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necessary to attend court.

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One, we

Two,

One is

When I talked to pretrial about that condition, they had

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some concerns about post offices and whatnot, and I made it

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clear that I don't think that's the intent of that condition.

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Obviously, they could preauthorize Ms. Cox going to a post

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office to conduct normal business, but we don't want to see her

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take up occupying a federal facility.

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Second, we don't see any reason that the defendant should

be in the District of Oregon, and we would like to have her

ordered not to appear here, in Oregon, except as is necessary

to attend court.

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So with those conditions, we would support her release at

this time.
THE COURT:

Okay.

Thank you, Mr. Barrow.

Good afternoon, Ms. Harris.

MS. HARRIS:

THE COURT:

Good afternoon, Judge.

I just now received the materials

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submitted, and I would normally take the time to review those

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now, but, in light of the government's recommendation, I'm not

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going to do so.

I'll let you summarize those materials.

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But do you have any objections to the additional

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conditions that are being proposed by the government?

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MS. HARRIS:

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THE COURT:

No, we do not, Your Honor.

Okay.

In light of that, I am prepared to

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follow the government's recommendation and release Ms. Cox

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subject to the conditions proposed by the pretrial services

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office, as well as the additional conditions proposed by the

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government, including the fact that Ms. Cox will not be

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released while the occupation is ongoing, which will hopefully

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resolve soon.

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That was one of the conditions recommended by the

government, correct, Mr. Barrow?
MR. BARROW:

That's correct, Your Honor.

THE COURT:

Again, everyone hopes it's going to

resolve soon, and, if it doesn't, we can revisit that condition

if more time passes than we anticipate passing.

here today, I think that's the way to keep our community safe

and keep Ms. Cox not involved in any more of these activities.

But as we sit

Anything further at this time, Ms. Harris?

MS. HARRIS:

Well, Your Honor, I object to the timing

of the order.

and I think that on behalf of my client I have a duty to raise

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those objections with some specificity rather than just saying

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"me too."

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I join in the objections that have been raised,

I realize we're the last ones, and this has been a very

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long afternoon.

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start by saying that even in cases of conspiracy we treat

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defendants individually, and Ms. Cox is entitled to an

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individualized assessment of release, an assessment of her

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conduct as it relates to the weight of the evidence, the

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circumstances of the offense, and I think that that is, in

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part, why the government -- I mean, obviously, I'm not saying

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that you don't believe you have a right to indict my client,

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but I'm saying that I think that some of these issues are

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reflected in the fact that the government is, you know,

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amenable, because the evidence that we have so far is that

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Ms. Cox left her lawfully owned registered firearms at her

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residence in Arizona for the purpose of a peaceful protest.

But on behalf of Ms. Cox, I would like to

And so I -- again, I -- I would say that we don't use,

typically, release decisions for the purpose of sending a

message to co-conspirators, "It's time to stop so everyone can

get out."

THE COURT:

Just for the record, that's not what I'm

doing.

why she was there, but she was there and she didn't leave until

she was arrested.

and act as a spokesperson.

I think Ms. Cox was there voluntarily.

I don't know

There's some concern that she will return

Certainly, it wouldn't be

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impossible to find a way to return.

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think it increases a risk of danger and as well as a risk of

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nonappearance if she happens to return.

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wise enough not to, but that's the risk that exists here.

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it's not in any way meant to send a message to anybody.

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my concern.

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MS. HARRIS:

And that's our concern.

I hope she would be

So
That's

I understand that, and I think that I

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spoke quickly; but my point is to say that that is potentially

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what it might look like, and I think that that is potentially

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sort of the direction.

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The risk is that in this situation when we fail to

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individually assess a person's ongoing threat of danger and

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flight, then we -- we perhaps do not adhere to the mandates of

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the Bail Reform Act or, frankly, the Constitution, and that is

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my objection on behalf of my client.

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I agree that she is imminently releasable.

She is a

former scoutmaster, a former secretary of the Kanab, Utah,

Chamber of Commerce, a former Little League coach, and very

active in her church.

were sent to me in the last 24 hours, and my client's younger

sister is here ready to take her home on a plane.

I have over 120 letters of support that

So for all of those reasons and the other ones that have

been so eloquently stated before, during this long afternoon, I

object, on Ms. Cox's behalf, to the timing of your order,

Your Honor.

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THE COURT:

Okay.

Thank you.

You're certainly

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allowed to do that, and if you wanted to appeal that part of

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the order, you're certainly allowed to do that.

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Judge Mosman is hearing appeals on Tuesday morning.

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But I disagree that it was a peaceful protest.

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who was there I think understood what the message to the

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outside world was, and it was anything but peaceful.

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because, like I said, Ms. Cox chose to be there and chose not

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to leave, that's my concern that there may be some impulse to

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return.

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So that's my concern.

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that to Judge Mosman.

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release order today.

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Anybody

And

You're certainly willing to appeal

But, in the meantime, I will enter a

I'll sign that release order.

And certainly, again, if this goes on longer than we

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anticipate, I invite you to reset this matter to discuss that

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condition a week from now or at -- at the appropriate time.

MS. HARRIS:

THE COURT:

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Thank you.
Okay.

Thank you.

(Hearing concluded.)

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C E R T I F I C A T E

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United States of America v. Cox

3:16-mj-00004-7

DETENTION HEARING

January 29, 2016

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I certify, by signing below, that the foregoing is a true

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and correct transcript of the record, taken by stenographic

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means, of the proceedings in the above-entitled cause.

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transcript without an original signature, conformed signature,

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or digitally signed signature is not certified.

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/s/Jill L. Jessup, CSR, RMR, RDR, CRR

____________________________________

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Official Court Reporter

Oregon CSR No. 98-0346

Signature Date: February 1, 2016

CSR Expiration Date: 3/31/17

MR. BARROW: [2] 3/1 4/24

MS. HARRIS: [5]
THE COURT: [7]

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/s/Jill [1] 9/15

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