1 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA Harrisonburg Division 2 3 4 UNITED STATES OF AMERICA, 5 6 vs. 9 10 11 12 Harrisonburg, Virginia GEORGE HENRY COVARRUBAIZ, 7 8 Defendant. APPEARANCES: For the United States: 14 For the Defendant: 16 17 18 19 20 21 January 28, 2015 TRANSCRIPT OF EXCERPT OF BOND HEARING BEFORE THE HONORABLE MICHAEL F. URBANSKI UNITED STATES DISTRICT JUDGE 13 15 Criminal No. 5:14cr00019 Court Reporter: U.S. Attorney's Offc. GRAYSON A. HOFFMAN 116 N. Main St. Harrisonburg, VA 22801 Federal Public Defender's Offc. RANDY V. CARGILL 210 First St. SW Ste. 400 Roanoke, VA 24011 Sonia R. Ferris, RPR U.S. Court Reporter 116 N. Main St. Room 314 Harrisonburg, VA 22802 540.434.3181 Ext. 7 22 23 24 25 Proceedings recorded by mechanical stenography; transcript produced by computer. Case 5:14-cr-00019-MFU Document 114 Filed 02/10/15 Page 1 of 4 Pageid#: 2239 2 1 2 (Direct and Cross Examination of Agent Whisenhunt not transcribed at this juncture). 3 THE COURT: You were here, sitting in this 4 courtroom, when Trooper Miller said on the witness stand 5 that the sole reason for the traffic stop was the 6 lights. 7 THE WITNESS: 8 THE COURT: 9 Yes, sir. And you knew then sitting back there that there was all this wire tap information that 10 hadn't been disclosed to this Court. 11 THE WITNESS: 12 THE COURT: My understanding -No, no. You answer my question. 13 You knew there was all this wire tap information. 14 knew as an employee of the federal government, as the 15 DEA sitting out there, you knew there was all this wire 16 tap information out there and not a word of it had been 17 mentioned to the Court at that first hearing. 18 19 20 THE WITNESS: THE COURT: talk about the wire tap. 22 THE WITNESS: 24 25 I knew there was a wire tap, yes, sir. 21 23 You You didn't hear Trooper Miller He used his own probable cause to stop the vehicle. THE COURT: I know, but it's just troubling to me the way the government conducted that. I put it Case 5:14-cr-00019-MFU Document 114 Filed 02/10/15 Page 2 of 4 Pageid#: 2240 3 1 in a written opinion and what the Court of Appeals wants 2 to do with that is another issue, but it's troubling to 3 me that the government allowed a misimpression to take 4 route on the record that all this was, was a random 5 traffic stop, and I'm troubled by it. 6 in his testimony that he knew there was a truck coming 7 north and had been alerted by other law enforcement 8 folks, but -- well, I made myself clear in my written 9 opinion. Granted, he said I continue to be troubled by it. I don't know 10 what the Court of Appeals is going to do with this. 11 I've done what I can do. 12 You may stand down. 13 Let's take a recess while you get that cell 14 15 16 17 data. (Continued testimony and proceedings not transcribed at this juncture). THE COURT: As I have made clear in both my 18 statements from the bench and in my written ruling, the 19 Court is singularly unhappy with the way the government 20 has conducted this case, particularly the manner in 21 which the suppression motion was handled. 22 I dealt with that issue when I issued my opinion. 23 have to say that's an opinion that I struggled with as 24 much as I struggled with anything. 25 it took as long to get it out because at the end of the But I have -I Perhaps that's why Case 5:14-cr-00019-MFU Document 114 Filed 02/10/15 Page 3 of 4 Pageid#: 2241 4 1 day, this is a court that needs to do justice and follow 2 the law. It's very difficult for the Court to put all 3 that background aside when I'm thinking about the issue 4 of whether Mr. Covarrubaiz should be detained for the 5 next five weeks, five to six weeks before trial is 6 reset. 7 It's reset for March 9 through 11. (Conclusion of requested excerpt). 8 9 10 "I certify that the foregoing is a correct transcript 11 from the record of proceedings in the above-entitled 12 matter. 13 14 15 /s/ Sonia Ferris February 10, 2015" 16 17 18 19 20 21 22 23 24 25 Case 5:14-cr-00019-MFU Document 114 Filed 02/10/15 Page 4 of 4 Pageid#: 2242