Doc 165-3 Filed 03/31/463 EXHIBIT 25?is-cr-20652-Gcs-DRG Doc 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 UNITED STATES DISTRICT COURT IEASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. - Case No. 15420652 ROBERT BROWN, II, Defendant. DETENTION HEARING BEFORE THE HONORABLE ELIZABETH A. STAFFORD United States Magistrate Judge Theodore Levin United States Courthouse 231 west Lafayette Boulevard Detroit, Michigan wednesday, March 9, 2016 APPEARANCES: For the Plaintiff MICHAEL C. MARTIN United States of America: U.S. Attorney's Office 211 west Fort Street Suite 2001 Detroit, Michigan 48226 313?226?9670 For the Defendant JAMES L. FEINBERG Robert Brown II: James L. Feinberg Associates 28411 Northwestern Highway Suite 875 Southfield, Michigan 48034 248?353-0605 Transcribed by: Linda Cavanagh, RPR, RMR, CRR Federal Official Court Reporter linda cavanagh@mied.uscourts.gov TRANSCRIPT PRODUCED FROM DIGITAL VOICE RECORDING TRANSCRIBER.NOT PRESENT AT LIVE PROCEEDINGS USA D-6 Robert Brown, - 15?20652 10 11 12 Doc 165-3 Filed 03/31/465 Detention Hearing - Wednesday, March 9, 2016 TABLE OF CONTENTS Page ARRAIGNMENT ON THE INDICTMENT 3 DETENTION HEARING: Proffer by Mr. Martin 5 Proffer by Mr. Feinberg 16 Further Proffer by Mr. Martin 22 Argument by Mr.'Martin 23 Argument by Mr. Feinberg 25 Comments by the Court 25 Ruling by the Court 28 EXHIBITS Identification Marked Received Government's Exhibit No. 1, Government's written proffer Government's Exhibit No. 2, Police report Government's Exhibit No. 3, Police report USA D-6 Robert Brown, II 15-20652 DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 Detroit, Michigan _Wednesday, March 9, 2016 (Proceedings commenced at 3:37 all parties present) THE CLERK: Court calls Case No. 15?20652, United States of America versus defendant number six, Robert Brown. MR. MARTIN: Good afternoon, Your Honor. Michael Martin for the government. THE COURT: Good afternoon. MR. FEINBERG: James L. Feinberg, attorney for Mr. Brown who's standing to my right. THE COURT: Good afternoon. So do we first hav let me see, we first have the arraignment, MR. FEINBERG: Yes, Your Honor. It's my understanding we'll waive the formal reading of the indictment. THE COURT: Okay. But I do want him to stand for a moment and make sure that we can go through this, so why don't you come up here for a moment. You're Robert Brown, DEFENDANT BROWN: Yes, YOur Honor. THE COURT: You have the right to remain silent and anything you say may be used against you. Have you had an opportunity to review the Second Superseding Indictment with the assistance of Mr. Feinberg? USA D-6 Robert Brown, - 15-20652 i . Doc 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 DEFENDANT BROWN: Yes, ma'am. THE COURT: You understand that what you're charged with? DEFENDANT BROWN: Yes, malam. THE COURT: And you understand that for Count 1 you face up to 20 years of imprisonment and a $250,000 fine? DEFENDANT BROWN: Yes, ma'am. THE COURT: And for Count 26 you understand you face five years to life imprisonment and again a $250,000 fine? DEFENDANT BROWN: Yes, ma'mm. THE COURT: This is your signature on the acknowledgement of the Superseding Indictment, Second Superseding Indictment? DEFENDANT BROWNthere or put it on there?' I THE COURT: This is your signature, did you sign this? MR. FEINBERG: Did you sign that document? THE COURT: The Second Superseding Indictment 1acknowledgement? I DEFENDANT BROWN: Yeah, yes, ma'am. Yes, ma'am. THE COURT: Okay. All right. I'll enter a plea of not guilty. And we also are scheduled for the detention hearing. Are we going forward? USA Robert Brown, ll - 15-20652 I . I Doc 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 5 MR. MARTIN: Yes, Your Honor, and I have a detention worksheet. THE COURT: Okay. Thank you. Have you . MR. FEINBERG: Your Honor, also, just with the Court's can Mr. Brown be be seated? THE COURT: Certainly. I.don't know that I have a Pretrial Services RepOrt for Mr. Brown. MR. FEINBERG: Pretrial Services recommends a bond under certain conditions. They recommend if you have the addendum to the Pretrial Service Report THE COURT: You know what? I just got it so give me a moment to read it please. MR. FEINBERG: Page 2 of the addendum is THE COURT: Okay. I need to read the whole thing actually because I'm just getting it. (Brief pause) THE Okay. You may proceed. MR. MARTIN: Thank you, Your Honor. The government is seeking detention in this case based both on risk of flight and danger to the community. And I would note at the beginning, as as is marked on the worksheet, that this is a presumption case given the nature of the charges. I-do-have some facts that I would like to proffer._ First I would like to make sure that the Court has a copy of USA D-G Robert Brown, ll 15-20652 Doc 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 6 the government's written proffer THE COURT: 1 do. MR. MARTIN: which I believe is marked as Government Exhibit's 1. THE COURT: 1 do . MR. MARTIN: And I have provided or defense counsel's indicated to me that he has received a copy of that as well. I'm not going to go through all the details in that f? or at least in the introductory portion of that because I know the Court has reviewed similar written proffers regarding the background of the Seven Mile Bloods and the course of the investigation regarding them. I I would point out, in addition to the information in the written proffer, the defendant is identified in the Second Superseding Indictment in 11 different paragraphs: Paragraph 3, 4, 24, 25 THE COURT: Give me a moment to MR. MARTIN: Yes, Your Honor. THE COURT: Can you tell me the pages? MR. MARTIN: Yes. Paragraph THE COURT: Pages, oh, 3. MR. MARTIN: 3 is on page 10, paragraph 3 and 4, and I can summarize these to you as well. THE COURT: Okay. You're talking about the overt USA D-6 Robert Brown, - 15~20652 Doc 165-3 Filed 03/31/Detention Hearing - Wednesday. March 9, 2016 acts? Okay. MR. MARTIN: Yes, ma'am, the overt acts. THE COURT: -Okay. MR. MARTIN: Paragraph 24 and 25 on page 14. And I and if there is_one overt act that I would highlight for the Court, it is 25. Many of these overt acts, although certainly not all, involve the defendant posting things on his Facebook page indicating his support and involvement and affiliation with the Seven Mile Bloods. And as he indicate as he indicates on the Facebook post identified in paragraph 25, page 14, he says, among other things, that he would, quote, ?ride and die," end quote, for the gang. I The remainder of the overt acts in which he's? identified I think can loosely be categorized as other Facebook posts in which he indicates his affiliation and support of the gang, Facebook posts in which he indicates that he's involved in drug trafficking, and then other overt acts that are not Facebook posts but things like the defendant being arrested in west Virginia, the.defendant being arrested in Detroit, all in connection with narcotics trafficking and THE COURT: I'm saying these these are Facebook posts? MR. MARTIN: No, there there's kind of two categories. THE COURT: Okay. USA D-6. Robert Brown. II - 15-20652 DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 MR. MARTIN: There's the Facebook posts THE COURT: All right. MR. MARTIN: which are -- which are primarily related to his support for the Seven Mile Bloods, and then some of them relate to drug trafficking or drug possession at least, and then the second general group is overt acts that involve him being arrested by the police or charged with crimes related to drug trafficking. So those are the two general categories. And I left off with you at at overt act 25 paragraph 25, excuse me. There's also a paragraph 39 that's on page 16, paragraph 69, 70 and 71. Those are both on page 21 or those are all on page THE COURT: I'm sorry, you said 39 and then what? MR. MARTIN: 39, 69, 70 and 71. Those all appear on page 21. THE COURT: Okay. MR. MARTIN: Paragraph 74, which is on page 22. THE COURT: Mm-hmm. I MR. MARTIN: Paragraph 86, which is on page 24, and paragraph 93 on page 25. THE COURT: Okay. MR. MARTIN: I would also point out that according to the Pretrial Services Report, this is the original report now .THE COURT: Mm*hmm. USA D56 Robert Brown, II - 15-20652 J: DOC 165-3 Filed 03/31/2'5 Detention Hearing - Wednesday, March 9, 2016 MR. MARTIN: page 3, there is a outstanding warrant misdemeanor for failure to appear on a narcotics and drug violation, 36th District Court. That was issued in 2011. THE COURT: Okay. Oh, I see it. MR. MARTIN: Turning next to the government's written proffer, specifically the portion, section 3 detailing Robert Brown which begins on page 15, I'm going to talk a little bit about the the first two paragraphs in a moment, but I do I want to point out to the Court that there are included in this three photographs of the defendant in two of which he's holding firearms, one of which is an Uzi. He's pointing it at another person's head and that person is flashing the 55 gang sign._ And then I'd like to turn to the defendant's criminal history, and I'm referring now to the THE COURT: Wait just a second. For for the photograph on MR. FEINBERG: Your Honor, I can't hear you. THE COURT: the photograph on page 18 MR. MARTIN: Yes, Your Honor. THE COURT: it says third from left, but there are they're three people. MR. MARTIN: Correct. So he's on the right. That would be another way of saying that. THE COURT: Okay. MR. MARTIN: The defendant's on the right, yes. USA D-6 Robert Brown, - 15-20652 DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9. 2015 1 THE COURT: All right. Okay. MR. MARTIN: Inartful description on my part. As I was saying, I turning to the defendant's criminal history, and I'm referring to the Pretrial Services Report here, paragraph starting at page 3, his criminal history begins at age 21 with some kind of ordinance violation or resisting and obstructing police whiCh was ultimately he was sentenced to one year probation, it was dismissed under HYTA . We then have a at age 23 an Assault and Battery charge, that's one count, and then a Disturbing the Peace charge, that's Count 2. There was not a prosecution on Count I even though it was charged, but he did plead guilty to the second count. He was sentenced to probation. Then at age 24 he is convicted of Assault With a Dangerous weapon and Assault and Battery. He is sentenced to 90 days in jail and one year probation, and then he violates his probation, ultimately this being dismissed, probation being dismissed in 2007. He's then arrested and charged with Assault With Intent to Murder, Assault With a Dangerous Weapon, Firearm Discharge At or Near a Building and Felony. That case, that whole case appears to have been dismissed. That was appears to have an arrest for felony drugs but there's no record of this offense at the Third USA D-6 Robert Brown, II - 15-20652 Doc 165-3 Filed 03/31/Detention Hearing - Wednesday. March 9, 2016 1 Circuit Court. . At age 26 he's arrested in west Virginia for possession of marijuana and possession of crack cocaine. That case is dismissed in 2013. 1 And then in 2015, now we'charged with larceny less than 200 and Assault and Battery. Count 1, which I think is the Assault and Battery charge actually, is dismissed and he pleads guilty to Count 2, which I believe is the larceny less than 5200. He is given one year probation, which means that at the time of his arrest in this case he was on probation on that case. And so to summarize, there there's a lot of contact with the criminal justice system. There is a an Assault with a Dangerous weapon and Assault and Battery conviction from 2006. THE COURT: I under I understand that. I mean not trying to but you've gone over it, so you don't need MR. MARTIN: Yeah. . THE COURT: I just have other things so I just want to move on. MR. MARTIN: I understand, Your Honor. I understand. I do want to hand up though a police report which I've marked Government's Exhibit 3, and this pertains to the last incident, the 2015. May I approach, Your Honor? THE COURT: Yes, please. Have have you shown this USA D-6 Robert Brown, - 15-20652 ..- ua' Doc 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 1 2 to Mr. Feinberg? I MR. MARTIN: Yes. THE COURT: Okay. MR. MARTIN: And the reason I want to highlight this is, number one, it's a recent arrest, and number two, when you look at the facts of the police report, it's clear that the defendant was involved in a violent robbery of a man at a mall in which he punched and kicked the man and stole some shoes, his cell phone and some money that the man had just purchased, and in in reviewing the police report, it's quite compelling that the defendant was one of the perpetrators. I I'm happy to summarize this and I'll and I'll try to do it as quickly as possible, but essentially what happens is this victim is a FEINBERG: JUdge, JUdge, the problem I have with this is that we already have the criminal history that I indicates that the result of this particular alleged incident -- THE COURT: Mr. Feinberg, I'm going to let him tell me about the the details of it because it's relevant to his danger to the community, MR. MARTIN: Thank you, Your Honor. The the victim was at the Eastland Mall. He had purchased some particular types of shoes. He was on his way out when he is _assaulted by a group of men. One of and the assault USA D-6 Robert Brown, - 15-20652 . .. A Doc 165-3 Filed 03/31/Detention Hearing - Wednesday. March 9, 2016 1 3 essentially happens it's Clearly-set up. The assault essentially happens with one of them bumping into the defendant saying, "Oh, you need to watch where you're going." The victim then says, "Well, you're the one who bumped into me." And at that point the defendant, suspect one who's later identified as the defendant, then states, "You don't know what's about to happen to you,? and at that point they hit him over the head and they start kicking and punching him as he's laying defenseless on the ground. They take his new white Nike Air Force shoes, size nine?and?a-half, they take a can of waterproof spray, they take his cell phone and $300 and they leave him there. I I The police are called, they come, they interview the victimi They see he's got a laceration on his lip, described as a small laceration on his lip. He describes to them what happened, and then they review the security video of the incident. They also are advised that the suspects left the Eastland Mall in a particular vehicle with the license plate. They identify who owns the vehicle. They go to that residence, and when they're there, they encounter the defendant along with Billy Arnold, who incidentally is defendant number one on the Second Superseding Indictment, as well as two other individuals. They find the white Nike.Air Force shoes, size nine?and?a?half sitting on the front porch of the residence. USA D-6 Robert Brown, - 15-20652 _t DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 4 They also observe that the defendant, Robert Brown, is, quote, "an exact match to the description of suspect number one." They also find a plain white plastic shOpping bag that was next to the shoes on the porch, and inside the bag was a cell phone. One of the police officers called the phone number that the victim had given as his phone number, and the .phone in the shopping bag rings so it's clearly the victim's phone -f cell phone. And then they find the can of waterproof spray in the vehicle. They review the security footage from the mall and they note that the video begins after the altercation has already started. There was a support pillar in the way of the camera which obstructed some of the incidents, but the police officer says that observed Brown fighting with" THE COURT: Where are you reading? MR. MARTIN: I'm on page THE COURT: Oh, I see it. I MR. MARTIN: It's 8 of 9 at the bottom left. THE COURT: I see it. MR. MARTIN: "Brown fighting with Thomas," that's the victim, "on the floor. Suspect one and two are seen punching-and kicking Thomas who appears to be defenseless on the floor. All suspects then fled the area. Security officers arrived on the scene. It is difficult to ascertain who stole the items from Thomas, although Brown is seen placing the USA D-6 Robert Brown, - 15-20652 Doc 165-3 Filed 03/31/25. Detention Hearing - Wednesday, March 9, 2016 5 item an item, possibly a cell phOne, into a plain white plastic shopping bag as he walks away." THE COURT: Mm-hmm. Okay. MR. MARTIN: Lastly, the I have to proffer facts related to the defendant's arrest. He was arrested on the Second Superseding Indictment on March 1st 1st of 2016. He was at a residence in warren, Michigan with two other individuals. Inside that residence 4- let me back up. A public database query had indicated that that residence was associated with the defendant, and law enforcement had done some surveillance showing that the defendant was coming in and out of that residence. When they executed the arrest warrant, he was in the residence with two other individuals, and in one of the rooms on the first floor was a Mastercard in Mr. Brown's name, a digital scale with what appeared to be drug residue on it, 46 grams of marijuana and a red bandana, red the significance of that in this case being the Seven Mile Bloods. THE COURT: When you say "drug residue," you mean _marijuana residue? MR. MARTIN: Yes, Your Honor. THE COURT: Okay. MR. MARTIN: Then on the upstairs, there was a room on the upstairs, and in that room there was 141 grams of marijuana, there was a red sweatshirt and shoes, and there were USA D-6 Robert Brown, II - 15-20652 25' Doc 165-3 Filed 03/31/479 Detention Hearing - Wednesday, March 9, 2016 6 24 prescription pill bottles.all with pills in them of different sizes.and markings on them and color. And again, this was at a time when the defendant was on probation for the offense that he was convicted of stemming out of the incident I just read. And I will note that according to the Pretrial Services Report, the defendant himself admits that he's been using marijuana frequently and in an ongoing basis. THE COURT: Does that conclude your proffer? MR. MARTIN: That concludes my proffer, Your Honor. THE COURT: Mr. Feinberg, do you have a proffer to make? I I MR. FEINBERG: Yes, Your Honor. _The proffer that We are proposed to_offer is that NE. Brown was not convicted of a -felony, that the offenses were misdemeanors. THE COURT: You're talking about the 2015 MR. FEINBERG: He was not convicted he was not convicted of the felonious assault. It there was a misdemeanor. That was back in I believe in 06. THE COURT: Okay. You're going back. Okay. Okay. Go ahead. MR. FEINBERG: He has no convictions of any narcotics violations. The only charge was in.West Virginia and apparently the case was dismissed. A bunch of the dates in the proffer and in the indictment that indicates him being at certain places where USA D-6 Robert Brown, - 15-20652 Doc 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 7 there was drugs, he was never charged with any drug offenses, either possession or possession with intent to deliver. 'Mr. Brown was shot in west Virginia a number of times. He's on heavy pain medication as well as Xanax and he smokes the marijuana for pain. He has not been able to obtain or he has not obtained a medical marijuana card, but that's the purpose of the smoking of the marijuana, not delivering or possession with intent to deliver. Also proffer is his mother is in court. She was contacted by Pretrial Services and she has agreed to be a third party custodian. In the Pretrial Service Report the recommendation is a 10,000 unsecured bond, report to Pretrial Services directly, reside at an addreSs we THE COURT: I see what the recommendations are. MR. FEINBERG: to provide by Pretrial Services. That's on page 2 of the addendum. Mere presence THE COURT: Are you getting into argument now or are you still doing proffer? MR. FEINBERG: This is the proffer. THE COURT: Okay. MR. FEINBERG: That Tim.proffering that this is, in fact, a way to allOw him to be out on bond. THE COURT: Okay. Okay. . USA D-6 Robert Brown, - 15-20652 . DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 1 8 MR. FEINBERG: Also the the picture of Mr. Brown having a weapon that the Assistant U.S. Attorney described as an Uzi was not an operable weapon. There was a plug in the in the in the barrel that does not show but it was not a real gun, and'unless the prosecution has any evidence to the contrary, the proffer is that that is, in fact, true that it was not a weapon. No Uzi apparently was ever found in the proximity of Mr. Brown nor any weapons or Uzis with his fingerprints. So merely because he was present where maybe something was there does not mean that he is responsible for a weapon that was in possession of someone else. THE COURT: Okay. I have a question regarding the residence, without asking the address of Mr. Brown's mother, whether that residence is in-the area that is considered to be the territory of the Seven Mile Blood. Now, I don't ?4 I'm asking I mean right now I haven't placed her under oath so I don't want her just to speak out.. Does anyone know? MR. FEINBERG: Where where NE. Brown's mother lives is not the vicinity of the Seven Mile Blood area. THE COURT: Okay. MR. MARTIN: It's the residence identified on page 1 of the Pretrial Services Report, Your Honor, is that where 1? THE COURT: I think that's where he was supposed to be living with his girlfriend, so I don't -1 I don't have the USA D-6 Robert Brown, - 15-20652 . DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 1 9 address of the and I don't want her to state that on the' record._ I MR. MARTIN: I don't know what it is. THE COURT: I understand. Ms; MR. FEINBERG: May we approach the bench, Your Honor, with that information? THE COURT: Certainly. (Whereupon a brief discussion was held off the record) THE COURT: Okay. For the record, I reviewed a driver's license, I believe it was a driver's license, of Mr. Brown's mother, and she does not live in Detroit according to that driver's license and so that would not be within the area of the Seven Mile Bloods. Ms. Johnson, will you step forward please? Ms. Johnson will you step forward please? AUDIENCE MEMBER: THE COURT: Yes. AUDIENCE MEMBER: NE. Brown? THE COURT: For whatever reason it says on this report Lavinia JOhnson. MS. No, my name is Lavinia Houston?Brown. I I THE COURT: Okay. So that's ~m okay. All right. Ms. Williams, will you USA D-6 Robert Brown, II .- 15-20652 Doc 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 2 LAVINIA- HOUSTON-BROWN was thereupon called as a witness herein, and after being first duly sworn to tell the truth and nothing but the truth, testified on her oath as follows: MS. HOUSTON-BROWN: Yes, I will, yes. THE COURT: Ms. Brown, are you are you employed outside the home? MS. I'm retired. THE COURT: And what are your daily activities? MS. Um, basically just at home, go to the beach, that's about it. THE COURT: Where are you retired from? MS. Court, 36th District. THE In what capacity? MS. Clerk, landlord?tenant. THE COURT: Huh? MS. Landlord-tenant. THE COURT: Does anyone live in the home with you? MS. My husband, 40 years, so I was '15, married 37. THE COURT: Did Pretrial Services run a LEIN on Ms. Brown, do you know? PRE-TRIAL OFFICER: No, Your Honor. THE COURT: Huh? PRE-TRIAL OFFICER: No, Your Honor. USA 13-6 Robert Brown, II - 15-20652 DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 - 2 1 THE COURT: No LEIN was conducted? PRE-TRIAL OFFICER: IND. THE COURT: Do you have any criminal MS. Never been in trOuble in my life, Your Honor. THE COURT: And what are what's your husband's name? MS. Ronald Brown, Ronald Lee Brown. THE COURT: Does he have any criminal history? MS. Never. we?re army. THE COURT: NE. Martin, do you have any questions? MR. MARTIN: No, Your Honor.- THE COURT: Mr. Feinberg, do you have any other questions? MR. FEINBERG: No, Your Honor. THE COURT: Okay. You may have a seat. MS. Thank you. THE COURT: I think that we're done with the did you want well, Mr. I think you you were done with your proffer, Mr. Feinberg? MR. FEINBERG: I'm sorry? THE COURT: You were done with your proffer? MR. FEINBERG: Yes, Your Honor. THE COURT: Okay. And Mr. Martin, do you have any response to the proffer, first of all?? USA D-6 Robert Brown, ll - 15-20552 . Doc 165-3 Filed 03/31/485 Detention Hearing - Wednesday, March 9, 2016 22 MR. MARTIN: I do. THE COURT: Any any factual MR. MARTIN: Yes, I do I THE COURT: Okay. MR. MARTIN: just briefly, and that is it's actually Contained in the written statement, but I have a police ??-another police report I'd like to hand up. This is marked Government's Exhibit 2. MR. FEINBERG: And I'm going to object. This is not further argument of what's already been THE COURT: No, it's proffer. I asked him for proffer and I'm.giving him the opportunity to address Mr. Feinberg, I'm going to allow him to present evidence that goes to Mr. Brown's danger to the community or risk of flight, MR. MARTIN: May I approach, Your Honor? THE COURT: Yes. MR. MARTIN: The reason I'm highlighting this is that it's a police report dated June 30th of 2014 in Which the defendant's father calls the police and states that the defendant asked him for money. The defendant told him he didn't have any. The defendant became irate and stated, quote, "If you don't give me any money, I'm going to put a hit out on you.? End quote. The defendant's father then stated that_he_ believed the suspect would carry out the threat and he fears for his life. He said that the defendant is a leader of the USA D-6 Robert Brown, - 15-20652 Doc 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 2 3 Seven Mile Bloods gang. That concludes my proffer. THE COURT: Okay. All right. You can proceed with your argument. MR. MARTIN: Your Honor, my argument is that the defendant poses a danger to the community based on a number of fronts. One is his strong affiliation with the gang as found by probable cause by the grand jury, and certainly the overt acts identified in the Superseding Indictment give flavor to that. I also think he's a danger to the community because of his history of assaultive conduct, one of which he has been convicted of, and other conduct, although not convicted of the aSsault itself, was convicted of the larceny, and certainly the police report that I proffered has strong indicias of credibility in my view starting with the fact that the police officers observed the video, observed the victim having _injuries consistent with the video, found items near close to the defendant that were stolen. THE COURT: You know what? I'm familiar with so you don't need to go through the details of that. MR. MARTIN: very well. So you see essentially a pattern of assaultive conduct starting many years ago and including very recently. It is true that the defendant has been shot twice, USA D-6 Robert Brown, - 15-20652 ?2 Doc 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 2 4 ?once in_2009 in west Virginia. I would point out that some of the overt acts have him in West Virginia involved in drug trafficking related activity in the months preceding that, and my -1 I understand that although someone can be shot, the fact that they are shot doesn't necessarily mean that they're a danger. However, when someone's a member of a violent street gang and you have a shooting war, when someone is shot or a target of.others, that does present a danger to the community. As we point out in the written proffer, the government is investigating innocent people who have been shot in the vicinity of gang?related shootings connected with the Seven Mile Bloods that have nothing these victims have 'nothing to do with gangs. So there is and can be a spilloVer effect from that type of violence. So based simply on the defendant's affiliation with the gang as well as his u? his own track record of violent activity, I think he presents a danger to the community. Certainly his failure to appear warrant suggests risk of flight concerns. But more importantly, I haven't really heard any facts proffered by the defense that would rebut the presumption. Yes, his mother said she would take him in, but his mother has not been able to deter him from engaging in criminal activity to date. What assurance would the Court have . . that she would be able to do so in the future, particularly USA D-B Robert Brown, II 15-20652 DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 2 5 when her own husband has called the police on the defendant because of the defendant's threats of violence against his own father? It just does not seem like a suitable solution. .And absent that, there is really no facts proffered by the defendant that would the defense that would come anywhere close to rebutting the presumption. So for those reasons, I believe the defendant should be detained. THE COURT: Okay. Mr. Feinberg? MR. FEINBERG: Number one, I don't know the credibility of the circumstances of this alleged report made by allegedly by the father. Mr. Brown was never charged with anything nor arrested for any alleged allegation. His 'mother certainly feels comfortable with her son living in the home with her husband and not posing a danger to anybody in the home. I Also, the Pretrial Services feels that there are that the presumption has been overcome and there are conditions that may be set by the Court to address those concerns. And I ?e I ask the Court to follow the recommendation of Pretrial Service and have his mother as third party custodian. And if the Court wishes to have him have a tether, that certainly is a alternative or an addition to any bond that the Court sets._ THE COURT: Okay. This is a presumption case and the first thing that the Court has to do is to determine whether USA D-G Robert Brown, ll - 15-20652 . DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 2 6 there's probable cause to support the presumption. But when a grand jury indicts, then the Court is bound by the the probable cause that the fact that the grand jury found probable cause, and the grand jury found probable cause to believe that Mr. Brown was involved in a RICO conspiracy that involved gang activity and dangerous or a lot of violent activity and retaliatory criminal or retaliatory shootings, highly criminal. And so the-presumption is certainly in place that Mr. Brown is a danger to the community and a flight risk. And it's Mr. Brown's burden of production to show that there are conditions that could be put in place or a combination of the conditions that wOuld would overcOme the presumption, and I don't find that Mr. Brown has overcome the presumption in this case on either the issue of risk of flight or danger to the community. I was first of all, I do take into consideration 'that Mr. Brown failed to appear for his narcotics charge in the 36th District Court. MR. EEINBERG: I'm sorry, which charge are you THE COURT: The misdemeanor the current warrant for failure to appear from March of 2011. I I take into consideration that he is currently on probation and the grand jury found that he committed crimes during the time period that.he was on probation. So that goes sort of to the risk of flight and the and the ability to USA D-6 Robert Brown, - 15-20652 3} DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 2 7 comply with the conditions of bond. I was prepared to place NE. Brown or I was I shouldn't say I was prepared. I was strongly considering allowing him to be under the his mother to be at the his third party custodian since she lives outside, well outside the area that is where the Seven Mile Bloods are are the area that's considered their territory, but as I indicated in in the prior detention hearing, I do think it's very important? that you have a suitable relationship with the third party custodian. I believe Mrs. Brown that she is'a law?abiding citizen. I don?t fault her for the fact that her son has been in involved in criminal conduct, and I'm I'm not just speaking about what he's alleged to have committed but the the allegations regarding criminal conduCt in the past including the assaultive behavior in April of 2015, whiCh it really does appear that Mr. Brown got off pretty for what appears to be pretty violent conduct for someone who was an innocent bystander. And I believe Mrs. Brown that her husband, her long?term husband, is also law abiding and that they have the best intentions, but I don't believe that his parents would have the influence over him to keep him from violating the conditions of his pretrial release given not only the fact that he has proven to be you know, to have engaged in violent conduct, but also because of the_report indicating that he USA D-B Robert Brown, - 15-20652 DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 2 8 called his father called the police, felt threatened, believed his son would carry out the threat, feared for his life because Mr. Brown is a member of the Seven Mile Bloods. I understand that this is a report and we don't know the circumstances, but the evidence that is relevant in i_ in a detention hearing is not just what Mr. Brown was convicted of. This is relevant evidence, and there's no reason that has been presented to the Court why this report would be manufactured or that Mr. or that Mr. Brown's father would make a false report to the police. I den't find.that he is an appropriate candidate for being a third party or for having third party I Custodians even though I 4" I do believe that his mother and father would want to give him that opportunity. MS. Can I speak, Your Honor? THE COURT: No, Mrs. Brown, this is this is the ruling of the Court that Mr. Brown will be detained pending trial. I I MR. MARTIN: Thank you, Your Honor. THE COURT: This is an indictment and Judge Steeh will schedule all future dates. MR. MARTIN: Thank you, Your Honor. THE COURT: Thank you. (Court in recess at 4:19 USA Robert Brown, . 15-20652 DOC 165-3 Filed 03/31/Detention Hearing - Wednesday, March 9, 2016 2 9 CERTIFICATION I, Linda M. Cavanagh, Official Court Reporter for the United States District Court, Eastern District of Michigan, do hereby certify that the foregoing pages 1 through 28 comprise a full, true and correct transcription, to the best of my ability, of the digital sound recording taken in the matter of United States of America vs. Robert Brown, II, Case No. 15-20652, on Wednesday, March 9, 2016. s/Linda M. Cavanagh' Linda M4 Cavanagh, RPR, RMR, CRR Date: March 16, 2016 Detroit, Michigan USA D-6 Robert Brown, - 15-20652