IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) Case No. :-mj ) v. ) ) January, 0 SHAWNA COX, ) ) Defendant. ) Portland, Oregon ) 0 DETENTION HEARING TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE STACIE F. BECKERMAN UNITED STATES DISTRICT COURT MAGISTRATE JUDGE 0

2 0 0 FOR THE PLAINTIFF: FOR THE PLAINTIFF: FOR THE DEFENDANT: COURT REPORTER: APPEARANCES ETHAN D. KNIGHT United States Attorney's Office 000 SW Third Street Suite 00 Portland, OR 0 GEOFFREY BARROW United States Attorney's Office 000 SW Third Street Suite 00 Portland, OR 0 TIFFANY A. HARRIS Attorney at Law SW Naito Parkway Suite 00 Portland, OR 0 Jill L. Jessup, CSR, RMR, RDR, CRR United States District Courthouse 000 SW Third Avenue, Room 0 Portland, OR 0 (0)- * * *

3 0 0 TRANSCRIPT OF PROCEEDINGS MR. BARROW: Thank you, Your Honor. Geoffrey Barrow and Ethan Knight on behalf of the United States. The next matter is United States v. Shawna Cox. It is case -mj-00-. I'll note for the record that Ms. Cox appears in the custody of the U.S. Marshals. She's represented by Tiffany Harris. This is the time and place set for review of detention. This case, unlike some of the other ones we discussed today, the government is amenable to a release plan. There are a couple of issues I would like to take up on that. One, we would seek that she not be released until the armed occupation of the Malheur National Wildlife Refuge comes to an end. Two, there are, of course, a number of conditions outlined in the pretrial services report; a couple that we don't think are covered by what we've requested in our detention memo. One is that the defendant be ordered not to enter any federal facility without prior authorization of pretrial services except as is necessary to attend court. When I talked to pretrial about that condition, they had some concerns about post offices and whatnot, and I made it clear that I don't think that's the intent of that condition. Obviously, they could preauthorize Ms. Cox going to a post office to conduct normal business, but we don't want to see her take up occupying a federal facility. Second, we don't see any reason that the defendant should

4 0 0 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. 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: Good afternoon, Judge. THE COURT: I just now received the materials submitted, and I would normally take the time to review those now, but, in light of the government's recommendation, I'm not going to do so. I'll let you summarize those materials. But do you have any objections to the additional conditions that are being proposed by the government? MS. HARRIS: No, we do not, Your Honor. THE COURT: Okay. In light of that, I am prepared to follow the government's recommendation and release Ms. Cox subject to the conditions proposed by the pretrial services office, as well as the additional conditions proposed by the government, including the fact that Ms. Cox will not be released while the occupation is ongoing, which will hopefully resolve soon. That was one of the conditions recommended by the government, correct, Mr. Barrow? MR. BARROW: That's correct, Your Honor.

5 0 0 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. But as we sit 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. Anything further at this time, Ms. Harris? MS. HARRIS: Well, Your Honor, I object to the timing of the order. I join in the objections that have been raised, and I think that on behalf of my client I have a duty to raise those objections with some specificity rather than just saying "me too." I realize we're the last ones, and this has been a very long afternoon. But on behalf of Ms. Cox, I would like to start by saying that even in cases of conspiracy we treat defendants individually, and Ms. Cox is entitled to an individualized assessment of release, an assessment of her conduct as it relates to the weight of the evidence, the circumstances of the offense, and I think that that is, in part, why the government -- I mean, obviously, I'm not saying that you don't believe you have a right to indict my client, but I'm saying that I think that some of these issues are reflected in the fact that the government is, you know, amenable, because the evidence that we have so far is that Ms. Cox left her lawfully owned registered firearms at her residence in Arizona for the purpose of a peaceful protest.

6 0 0 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. I think Ms. Cox was there voluntarily. I don't know why she was there, but she was there and she didn't leave until she was arrested. There's some concern that she will return and act as a spokesperson. Certainly, it wouldn't be impossible to find a way to return. And that's our concern. I think it increases a risk of danger and as well as a risk of nonappearance if she happens to return. I hope she would be wise enough not to, but that's the risk that exists here. So it's not in any way meant to send a message to anybody. That's my concern. MS. HARRIS: I understand that, and I think that I spoke quickly; but my point is to say that that is potentially what it might look like, and I think that that is potentially sort of the direction. The risk is that in this situation when we fail to individually assess a person's ongoing threat of danger and flight, then we -- we perhaps do not adhere to the mandates of the Bail Reform Act or, frankly, the Constitution, and that is my objection on behalf of my client. I agree that she is imminently releasable. She is a

7 0 0 former scoutmaster, a former secretary of the Kanab, Utah, Chamber of Commerce, a former Little League coach, and very active in her church. I have over 0 letters of support that were sent to me in the last hours, and my client's younger sister is here ready to take her home on a plane. 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. THE COURT: Okay. Thank you. You're certainly allowed to do that, and if you wanted to appeal that part of the order, you're certainly allowed to do that. Judge Mosman is hearing appeals on Tuesday morning. But I disagree that it was a peaceful protest. Anybody who was there I think understood what the message to the outside world was, and it was anything but peaceful. And because, like I said, Ms. Cox chose to be there and chose not to leave, that's my concern that there may be some impulse to return. So that's my concern. You're certainly willing to appeal that to Judge Mosman. But, in the meantime, I will enter a release order today. I'll sign that release order. And certainly, again, if this goes on longer than we anticipate, I invite you to reset this matter to discuss that condition a week from now or at -- at the appropriate time.

8 MS. HARRIS: Thank you. THE COURT: Okay. Thank you. (Hearing concluded.) 0 0

9 C E R T I F I C A T E United States of America v. Cox :-mj DETENTION HEARING January, 0 0 I certify, by signing below, that the foregoing is a true and correct transcript of the record, taken by stenographic means, of the proceedings in the above-entitled cause. A transcript without an original signature, conformed signature, or digitally signed signature is not certified. /s/jill L. Jessup, CSR, RMR, RDR, CRR Official Court Reporter Signature Date: February, 0 Oregon CSR No. -0 CSR Expiration Date: // 0

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