1 1 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION 3 4 5 6 7 8 UNITED STATES OF AMERICA,Docket No. 5:18-cr-298-FL-2 Plaintiff, New Bern, North Carolina February 7, 2019 v. Sentencing DENSLO ALLEN PAIGE, Defendant. ------------------------------- 9 10 TRANSCRIPT OF SENTENCING HEARING BEFORE THE HONORABLE LOUISE WOOD FLANAGAN UNITED STATES DISTRICT JUDGE. 11 APPEARANCES: 12 For the Plaintiffs: United States Attorneys' Office By: Sebastian Kielmanovich 310 New Bern Avenue, Suite 800 Raleigh, NC 27601 (919) 856-4500 For the Defendant: Federal Public Defender By: James E. Todd, Jr. 150 Fayetteville St., Suite 450 Raleigh, NC 27611-5967 (919) 856-4236 Court Reporter: Tracy L. McGurk, RMR, CRR 413 Middle St. New Bern, NC 28560 (419) 392-6626 13 14 15 16 17 18 19 20 21 22 23 Proceedings recorded by mechanical stenography, transcript produced by notereading. 24 25 Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 1 of 18 2 1 (Commenced at 2:28 p.m.) 2 THE COURT: 00:00:25 3 Are you Denslo Paige? 00:00:30 4 THE DEFENDANT: 00:00:31 5 00:00:31 6 THE COURT: 00:00:36 7 THE DEFENDANT: 00:00:37 8 00:00:38 9 00:00:39 10 00:00:42 11 THE DEFENDANT: 00:00:43 12 THE COURT: 00:00:45 13 00:00:46 14 THE DEFENDANT: 00:00:47 15 THE COURT: 00:00:58 16 there was someone named Espinosa-Pena who was determined 00:01:02 17 to be a citizen and national of Mexico residing in this 00:01:06 18 country as a legal permanent resident, and she applied 00:01:11 19 for naturalization in 2008, but the application was 00:01:17 20 declined -- 00:01:19 21 THE DEFENDANT: 00:01:19 22 THE COURT: 00:01:21 23 And in 2016 she dated and signed a North 00:01:25 24 Carolina voter registration application form -- it's 00:01:28 25 actually, I believe, a man. We'll take up Ms. Paige. Not the pronunciation, but yes. How do you pronounce your name? Denslo. Denslo is my first name. THE COURT: You're here because you aided and abetted voting by an alien. Uh-huh. This is the time I've set aside to sentence you. Okay. The offense conduct recites that Yes. -- not once, but twice. Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 2 of 18 3 00:01:29 1 The question, "Are you a citizen of the 00:01:31 2 00:01:38 3 00:01:43 4 by law enforcement at his residence in 2017, and you are 00:01:48 5 present. 00:01:51 6 THE DEFENDANT: 00:01:52 7 THE COURT: 00:01:54 8 voter registration with your advice and aid and voted 00:01:58 9 for the first time in the general election of 2016. 00:02:03 10 00:02:07 11 were previously a volunteer seasonal poll worker who was 00:02:11 12 paid a stipend and that you advised him: 00:02:15 13 your voice to be heard, you need to vote; and that you 00:02:20 14 knew he was not a United States citizen, and you 00:02:24 15 assisted him in completing the registration. 00:02:29 16 00:02:31 17 criminal justice system. 00:02:36 18 that favorable category of a I. 00:02:38 19 00:02:40 20 health, education, your employment history. 00:02:44 21 reviewed all of this. 00:02:47 22 And the total offense level is a 4. 00:02:51 23 The advice I receive is a sentence of 00:02:53 24 between zero to six months. 00:02:56 25 prison. United States?" was left blank. And then it goes on that he is interviewed Yes. And he said he completed the You made an unprotected statement that you If you want This is not your first contact with the However, you find yourself in Your family background is given to me, your I've You face up to a year in Your behavior can be supervised for three Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 3 of 18 4 00:02:59 1 years. The fine could be as much as $100,000, though 00:03:02 2 the guidelines suggest a range of between $500 and 00:03:09 3 $9,500. 00:03:13 4 00:03:15 5 00:03:17 6 00:03:18 7 of all, we did file a motion for downward departure, 5K, 00:03:23 8 based on the defendant's substantial assistance pursuant 00:03:26 9 to the terms of the plea agreement. 00:03:28 10 We had a meeting in which she explained the inner 00:03:31 11 workings of the Board of Elections from her perspective 00:03:35 12 based on her work. 00:03:42 13 the registration process works. 00:03:46 14 as in a polling station they have a help desk where 00:03:50 15 there is a person who processes the voter registrations. 00:03:55 16 And that in this particular case she admitted that she 00:04:00 17 brought her boyfriend, Espinosa, she knew that he was 00:04:06 18 not a U.S. citizen, and they left the box to the 00:04:10 19 question, "Are you a U.S. citizen?" blank. 00:04:15 20 blank as to "Yes;" it was blank as to "No." 00:04:18 21 stated that they even had a green card for Mr. Espinosa 00:04:23 22 present. 00:04:27 23 person saw that; and nonetheless, the form was taken, 00:04:33 24 processed, and Mr. Espinosa was registered to vote. 00:04:38 25 he, in fact, voted. And there's a $25 special assessment. Mr. Kielmanovich, talk to me about your views of this case. MR. KIELMANOVICH: Yes, Your Honor. First She was debriefed. And she helped us to learn about how It's really as simple So it was And she And my understanding was that the help desk Which is shocking that it would Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 4 of 18 And 5 00:04:41 1 happen when question number one, the most important 00:04:45 2 question on the form, the question that says, "If you 00:04:47 3 say no, do not continue completing the form," was left 00:04:50 4 blank, and it was processed. 00:04:53 5 00:04:58 6 Homeland Security, the box of "Yes" had been checked, 00:05:01 7 which it appeared that it was checked by somebody after 00:05:06 8 the form was submitted, and the only option is somebody 00:05:09 9 that was employed or working or volunteering for the 00:05:16 10 00:05:18 11 00:05:20 12 00:05:22 13 MR. KIELMANOVICH: 00:05:22 14 THE COURT: 00:05:24 15 and abusing it and the trust that's placed in someone 00:05:27 16 who has that position? 00:05:30 17 00:05:31 18 scenario as we know it is that on that date in which all 00:05:40 19 of this is happening, she's acting as a private citizen, 00:05:44 20 not using any authority or access to anything that a 00:05:54 21 normal private person would. 00:05:56 22 00:05:58 23 00:06:02 24 00:06:05 25 But yet when the form was retrieved by Board. THE COURT: All right. She's working for the Board, right, at the time? What about using her position MR. KIELMANOVICH: THE COURT: She is. Well, the factual But should she be charged with a higher duty because of her involvement? MR. KIELMANOVICH: We asked her, based on her prior experience with the Board, if -- how come she Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 5 of 18 6 00:06:11 1 thought that by bringing the form without checking the 00:06:14 2 box would be appropriate? 00:06:17 3 00:06:19 4 00:06:23 5 MR. KIELMANOVICH: 00:06:26 6 THE COURT: 00:06:29 7 MR. KIELMANOVICH: 00:06:31 8 asked her. 00:06:36 9 would happen. 00:06:38 10 00:06:40 11 00:06:43 12 00:06:45 13 I was looking at the statements that she made in her 00:06:48 14 cooperation, that was a concern about -- I mean, there 00:06:52 15 was a conflict in my mind about why would she, with that 00:07:03 16 knowledge, do that? 00:07:04 17 00:07:06 18 helpful to us because we now have an opportunity to kind 00:07:12 19 of learn about how this particular transaction happened 00:07:15 20 and how it was processed. 00:07:22 21 was not honest, to put it generously, because she should 00:07:26 22 have known better. 00:07:29 23 away with it and see what would happen. 00:07:34 24 because it was registered. 00:07:36 25 THE COURT: And telling him if he wants his vote heard, if he wants to be heard, he must vote. And she knows it's illegal? And her answer was: THE COURT: Right. Okay. Yes, she knows. And we I wanted to know what Well, this is what happens. MR. KIELMANOVICH: So in some respects when In the end, I believe that information was But her conduct at the time And they were just trying to get And it did work And again, the form was checked "Yes," but Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 6 of 18 7 00:07:39 1 after the fact. And I believe the statement she made is 00:07:44 2 true that it was left blank, but somebody later checked 00:07:47 3 it. 00:07:53 4 there's yet a third person who had to have checked "Yes" 00:07:56 5 after the fact; highly concerning, alarming, and the 00:08:00 6 subject of our ongoing review. 00:08:04 7 THE COURT: 00:08:05 8 MR. TODD: 00:08:07 9 00:08:13 10 THE COURT: 00:08:14 11 MR. TODD: 00:08:17 12 00:08:21 13 00:08:23 14 that someone that presents a legal permanent resident 00:08:26 15 card cannot vote. 00:08:30 16 that it is not legal for that person to vote. 00:08:33 17 think there we have a failure in training. 00:08:37 18 00:08:41 19 that's sent out to the volunteer poll workers. 00:08:44 20 copy to Mr. Kielmanovich. 00:08:48 21 citizenship as a substantive matter, and it's only on 00:08:53 22 the very end where it says "Reasons for a voter 00:08:56 23 challenge." 00:08:59 24 of those is "Not a citizen." 00:09:01 25 So it's not just the defendant and Mr. Espinosa; Mr. Todd? Your Honor, I think, once again, there's an assumption that a volunteer poll worker -She's paid. Yes. Well, it's a stipend. It's a seasonal thing. There's an assumption that they're aware There's an assumption that they know And I I've got the "General Election Day Manual" I gave a I found one mention of U.S. And there's 11 there in small print. One The point is, once again, once you get to Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 7 of 18 8 00:09:03 1 the polling place, the citizenship question is not a 00:09:06 2 prime issue. 00:09:13 3 whether Mr. Espinosa could vote or not. 00:09:16 4 00:09:19 5 desks. 00:09:22 6 they're full-time employees, but they're the ones that 00:09:25 7 you go to when you have questions. 00:09:28 8 Paige assumed would happen, that he would go to the help 00:09:31 9 desk, and they would answer the question: 00:09:33 10 allowed to vote or not? 00:09:37 11 happen. 00:09:38 12 00:09:41 13 statement: 00:09:45 14 think that a lawful permanent resident could vote? 00:09:48 15 which case, it's not intentional fraud; it's a mistake; 00:09:52 16 a mistake based on failure to properly educate and train 00:09:55 17 people that are processing these at the station. 00:10:01 18 00:10:04 19 of what her responsibilities were as a poll worker and 00:10:07 20 what they weren't. 00:10:11 21 desk. 00:10:12 22 00:10:15 23 the day: 00:10:17 24 tables, how to deal with handicapped. 00:10:21 25 with the substantive issue, which should be the biggest, In this case Ms. Paige was not certain They have what's called at these places help The people at the help desks, I don't know if So that's what Ms. Are you And apparently that didn't Once again, Mr. Kielmanovich's own Did the person who checked the box, did they In And Ms. Paige was very forthcoming in terms She was not assigned to the help This manual basically handles logistics of where to put the chairs, where to put the It doesn't deal Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 8 of 18 9 00:10:24 1 boldest requirement hanging from all the billboards. 00:10:27 2 It's not. 00:10:31 3 the system; in this case inadequate training and 00:10:37 4 preparation of those people that are assigned to work at 00:10:39 5 the polling places. 00:10:43 6 actions in this case, Your Honor. 00:10:48 7 00:10:50 8 00:10:51 9 00:10:53 10 that her daughter and two of her granddaughters are 00:10:56 11 here. 00:10:56 12 00:11:04 13 And she thankfully has worked hard her whole life at 00:11:07 14 secretarial jobs and administrative jobs, now with 00:11:12 15 Wal-Mart. 00:11:16 16 just wants to be able to continue doing that, Your 00:11:21 17 Honor. 00:11:21 18 00:11:25 19 We had a very extensive debriefing with Mr. Kielmanovich 00:11:28 20 and the agents in which she explained her actions and 00:11:31 21 her experience as a volunteer poll worker. 00:11:35 22 obviously it's a mistake that she made that will never 00:11:39 23 happen again. 00:11:40 24 00:11:44 25 But like I said, I think it's a failure in So that would be my response to her THE COURT: Do you want to be heard further on the sentence? MR. TODD: I did want to also acknowledge Ms. Paige is working part-time at Wal-Mart. She was able to purchase a home. And she Obviously we've had a lot of time together. And So we would ask for a similar sentence to Mr. Soifils. Her economic situation is a little better Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 9 of 18 10 00:11:48 1 than his. So if Your Honor were to consider a fine, I 00:11:50 2 think that may be appropriate and may address what Your 00:11:55 3 Honor sees as a distinction between the clients who are 00:12:00 4 green card holders who mistakenly vote and Ms. Paige, 00:12:05 5 who maybe should have known better, but I don't think 00:12:08 6 you can say that she did know and she knowingly did 00:12:10 7 something illegal. 00:12:16 8 conceded. 00:12:20 9 of that additional measure of culpability. 00:12:23 10 Thank you, Your Honor. 00:12:23 11 THE COURT: 00:12:25 12 00:12:27 13 00:12:30 14 happened. 00:12:34 15 no training about whether or not legal aliens could 00:12:38 16 vote -- never -- all of the elections I've ever worked. 00:12:41 17 And I truly didn't know, being a U.S. citizen myself. 00:12:46 18 And I said to him -- I wasn't saying: 00:12:49 19 see if you can vote. 00:12:52 20 I didn't know. 00:12:53 21 00:12:56 22 they don't know, they're supposed to call the help line. 00:12:59 23 And none of that was ever done. 00:13:02 24 day. 00:13:03 25 Should she have? Perhaps. That is And I think a fine will be able to take care Does your client wish to be heard? THE DEFENDANT: Well, I am sorry that this The reason it happened is because there was Go down there and I wanted to find out if he could. And the help desk responsibility, anything Nothing went right that And I thought because I went to the Board of Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 10 of 18 11 00:13:06 1 Elections headquarters that I would definitely find out, 00:13:10 2 you know. 00:13:14 3 00:13:19 4 for it. 00:13:24 5 tell you. 00:13:28 6 00:13:29 7 00:13:31 8 I think you could have gotten insight from 00:13:34 9 many of the volunteers, not just from this individual, 00:13:36 10 as you're looking for information, not simply unique to 00:13:42 11 this case, but information of patterns and practices 00:13:47 12 that many people could speak of. 00:13:49 13 00:13:54 14 and you seem to have a lot of reliance on her 00:13:57 15 credibility to believe that the form was not checked. 00:14:05 16 So I'll grant your motion. 00:14:08 17 Is there anything further? 00:14:09 18 MR. KIELMANOVICH: 00:14:12 19 to six. We would recommend 25 percent. 00:14:16 20 bottom. I just wanted to put it on the record. 00:14:21 21 That's all, Your Honor. 00:14:22 22 THE COURT: 00:14:24 23 00:14:31 24 MR. TODD: 00:14:33 25 THE COURT: But it's a mistake on my part. It will never happen again. I'm sorry That's all I can I know now. THE COURT: Well, the Government's motion is allowed. But I recognize she has been helpful to you, continue? Okay. Just -- I know it's zero But zero is the Did your client want to Did I interrupt her? No. Thank you, Your Honor. I've considered the advice of Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 11 of 18 12 00:14:35 1 the guidelines specifically and generally and the 00:14:37 2 factors set forth in 18, United States Code, Section 00:14:39 3 3553. 00:14:46 4 that 25 percent be taken off. 00:14:50 5 appropriate amount. 00:14:52 6 guideline range, and I come to a sentence of two months 00:14:55 7 imprisonment. 00:14:57 8 not greater than necessary to discourage this type of 00:15:00 9 conduct, to promote respect for the law, to protect the 00:15:03 10 00:15:07 11 00:15:10 12 case. 00:15:14 13 put interest on the fine. 00:15:15 14 There's a $25 special assessment. 00:15:17 15 Your client can't break any law, possess a 00:15:19 16 weapon or drugs illegally. 00:15:23 17 violation of the Court's judgment. 00:15:32 18 Anything further? 00:15:33 19 MR. TODD: 00:15:35 20 00:15:39 21 00:15:41 22 00:15:43 23 00:15:44 24 that could be served by going weekends or something like 00:15:47 25 that rather than the straight two months? I am cognizant of the Government's suggestion I think that's an I start in the middle of the That's a sentence that's sufficient but integrity of our voting processes. I'm going to impose a fine of $250 in this The fine is due immediately. I'm not going to If she does, she'll be in Well, we would ask you to consider certainly that she self-report, Your Honor. THE COURT: for that. I think she's a good candidate Sixty days' time. MR. TODD: And also would you consider if Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 12 of 18 13 00:15:50 1 THE COURT: Straight two months. 00:15:51 2 MR. TODD: 00:15:53 3 00:15:54 4 THE COURT: 00:15:56 5 Anything further from the probation office? 00:15:59 6 THE PROBATION OFFICER: No, Your Honor. 00:15:59 7 THE COURT: Mr. Todd, if you 00:16:02 8 00:16:08 9 00:16:10 10 right now in terms of her supervision will be 00:16:13 11 maintained. 00:16:22 12 00:16:23 13 00:16:37 14 00:16:38 15 00:16:49 16 MR. TODD: 00:16:51 17 THE COURT: 00:16:52 18 You can appeal if you believe there's 00:16:53 19 something really wrong with your conviction or the 00:16:55 20 sentence, but you do need to move quickly. 00:16:58 21 usually only has 14 days from the date that the judgment 00:17:01 22 goes on the docket. 00:17:04 23 appeal, you can apply for permission to appeal for free. 00:17:06 24 And if you request, the clerk will fill out the appeal 00:17:10 25 paperwork for you. We would ask for the 60-day self-surrender. All right. All right. Sixty days allowed. would come forward and collect the order of surrender. And any conditions your client is under THE PROBATION OFFICER: Did you impose supervised release? THE COURT: I need to make sure it's understood she's on supervised release for one year. May I approach, Your Honor? Certainly. A defendant If you cannot afford the cost of an Case 5:18-cr-00298-FL Document 51 Filed 02/08/19 Page 13 of 18 14 00:17:11 1 Any questions? 00:17:12 2 THE DEFENDANT: 00:17:13 3 THE COURT: 4 (Concluded at 2:45 p.m.) No. Good luck. Thank you. 5 - - - 6 C E R T I F I C A T E 7 8 9 10 I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. 11 12 /s/ Tracy L. McGurk_______ 13 Tracy L. 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