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Full-text: April 1 2003
Protest zones: “No War for Oil” (October 24 2002)

United States District Court for the District of South Carolina Columbia Division

 

	)
United States of America	)
)
v.	)
)
Brett Bursey,	)
Defendant.	)
	)

Transcript of Arraignment Hearing Proceedings

Before the Honorable Bristow Marchant
Magistrate Judge, presiding.

Appearances:

______________________

Stenographic reporting and computer-aided transcription

Vince Rolland
P O Box 2317
Florence SC 29503
843-669-7726 {p.2}

______________________

(Thereupon, the following proceedings were had:)

The Court:  All right.

Before we get started this morning, there’s a number of defendants in need of an interpreter.

We have Dr. Bememan here. Dr. Bememan served as interpreter with us here in federal court on numerous occasions and is certified. I would ask Dr. Bememan. I assume you’ve got the list of all the people this morning who are in need of your services.

And to your knowledge, do you have any prior involvement with any of these cases or any parties?

* * * * * *

The Court:  All right. For each of you whose names I’ve just called — and Dr. Bememan, if you need me to slow up —

With respect to each individual’s name who I’ve just called, the purpose of this proceeding this morning is to advise you of your rights, advise you of the charges against you, and to set conditions for bond, if that is appropriate in your case.

This is not your trial on these charges.

Each of you does have the right to remain silent. Which means you don’t have to say anything. And anything you do say can be used against you.

Anyone whose name I’ve just called not understand what I’ve told you right there?

The first case we’re going to do this morning is United States vs. Keith Wingate. {p.3}

* * * * * *

Mr. Barton:  Next case is United States vs. Brett Bursey, Criminal Number 3:03-309.

The Court:  Are you Mr. Bursey?

The Defendant:  I am.

The Court:  Are you under the influence of drugs or alcohol at this time, or have you been during the last 24 hours?

The Defendant:  I couldn’t hear you, sir.

The Court:  Are you under the influence of drugs or alcohol at this time, or have you been during the last 24 hours?

The Defendant:  No, sir.

The Court:  Do you understand what’s going on here today?

The Defendant:  Yes, sir.

The Court:  Mr. Nettles represents you?

Mr. Nettles:  Along with Mr. John Blume and Rock {Rauch} Wise of Greenville.

The Court:  All the three of y’all making a general appearance?

Mr. Nettles:  Yes, sir.

The Court:  Has Mr. Bursey been given a copy of the Information in this case?

Mr. Nettles:  He has. {p.4}

The Court:  Does he waive reading?

Mr. Nettles:  He does.

The Court:  Mr. Bursey, you understand what you’re charged with and the possible penalties?

The Defendant:  I do.

(The Defendant’s not guilty plea was published in open court.)

The Court:  Unless the court is notified otherwise, the file will reflect the defendant wishes to be present at all pretrial motions and at this time expects a trial in the case.

This case has been assigned to me.

I’ve got a motion filing deadline of April 21, 2003.

It’s a petty offense.

Any time after that y’all are ready, let us know.

Mr. Barton, you’re prosecuting?

Mr. Barton:  Yes, sir.

The Court:  Anything else we need to do on that today?

Mr. Barton:  Bond.

The Court:  Bond?

Mr. Barton:  Yes, sir.

The Court:  Any objection to unsecured bond?

Mr. Barton:  No objection.

The Court:  Mr. Bursey, I’m going to release you on a $10,000 unsecured bond.

What that means is you {p.5} don’t have to post any money.

But in the event you fail to appear for court when you’re supposed to, the government can seek a judgment against you in the amount of $10,000.

Okay?

The Defendant:  Yes, sir.

The Court:  Any supervision required in this case?

The Probation Officer:  Yes, sir.

The Court:  Pending resolution of these charges, you’re to:

Does he need to be processed?

Mr. Barton:  Yes, sir.

The Court:  All right.

Mr. Bursey, since you’re going to be released on bond, I’m—

Let me give you advise of penalties and sanctions:

If you violate a condition of your bond, an arrest warrant can be issued for you, and you can be detained pending your trial. Further, you could be prosecuted for contempt of court, which could result in imprisonment or a fine.

If you commit a {p.6} criminal offense while on bond, you can be sentenced to an additional term of imprisonment, to be served consecutive to any other sentence you might receive.

Also, there are additional penalties for intimidating or attempting to intimidate a witness, juror, officer of the court, or obstructing a criminal investigation or tampering with a witness or retaliating against a witness, victim, or informant.

After you’re released, if you fail to appear for court at any time, or if you fail to report to begin service of a sentence that might be imposed, you could be prosecuted for failure to appear, and receive a consecutive sentence for that offense.

Do you have any questions about any of that?

The Defendant:  I don’t understand what the conditions of the bond are. You mentioned a number of things.

Is that in writing somewhere?

The Court:  It’s all in those bond papers you just signed.

Anything else?

Mr. Barton:  No, sir.

The Court:  Thank you.

(The hearing was concluded.) {p.7}

______________________

Certificate of Reporter

I certify the foregoing is a true and correct transcript of the record of proceedings as hereinabove set out.

{Signature}

Vince Rolland
Official Court Reporter
United States District Court
District of South Carolina

 

This document is not copyrighted and may be freely copied. “There is no copyright on transcripts of court proceedings that are produced by court reporters” (Gary N. Smith, Court Reporter, Columbia South Carolina, email, Dec. 21 2003).

Charles Judson Harwood Jr.

Posted May 5 2004. Updated June 2 2008.

http://homepage.ntlworld.com/jksonc/docs/bursey-dsc-d86.html