U.S. v. McCoy Transcript of Proceedings On Nov. 13, 2018

Case 1:18-cr-00016-SOM Document 479 Filed 12/19/18 Page 1 of 9 PageID #: 6649
1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF HAWAII
3
UNITED STATES OF AMERICA, ) CR 18-00016 SOM
4 )
Plaintiff, ) Honolulu, Hawaii
5 ) November 13, 2018
vs. )
6 ) [457] FIFTH MOTION TO COMPEL
(1) ISAIAH MCCOY, ) DISCOVERY
7 ) [458] MOTION FOR SANCTIONS
Defendant. ) FOR DISCOVERY VIOLATIONS AND
8 ) FAILURE TO PRODUCE DOCUMENTS
9
TRANSCRIPT OF PROCEEDINGS
10 BEFORE THE HONORABLE SUSAN OKI MOLLWAY
UNITED STATES DISTRICT JUDGE
11
12 APPEARANCES:
13 For the Government: MORGAN L. EARLY, AUSA

THOMAS J. BRADY, AUSA
14 Office of the United States Attorney
PJKK Federal Building
15 300 Ala Moana Boulevard, Suite 6100
Honolulu, Hawaii 96850
16
For the Defendant ISAIAH MCCOY, Pro Se
17 Isaiah McCoy: 10346-122
FDC Honolulu
18 Federal Detention Center
Inmate Mail/Parcels
19 P.O. BOX 30080
HONOLULU, HI 96820
20
Standby Counsel for GARY GURMAIL SINGH, ESQ.
21 Defendant Isaiah McCoy: Topa Financial Center
Bishop Street Tower
22 700 Bishop Street, Suite 2000
Honolulu, Hawaii 96813
23
Also Present: Shay Shibata, Law Student Intern
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UNITED STATES DISTRICT COURT

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1 APPEARANCES CONTINUED:
2
Official Court Reporter: Debra Read, CRR RMR RDR
3 United States District Court
300 Ala Moana Boulevard
4 Honolulu, Hawaii 96850
readit3949@gmail.com
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Proceedings recorded by machine shorthand, transcript produced
25 with computer-aided transcription (CAT).

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1 TUESDAY, NOVEMBER 13, 2018 11:15 A.M.
2 THE COURTROOM MANAGER: Criminal 18-16 SOM, United
3 States of America versus Defendant Isaiah McCoy.
4 This case has been called for various motions.
5 Counsel, your appearances for the record, please.
6 MS. EARLY: Good morning, Your Honor.
7 Morgan Early and Tom Brady for the United States.
8 THE COURT: Good morning.
9 MR. SINGH: Good morning, Your Honor.
10 Gary Singh, Standby Counsel for Mr. McCoy.
11 THE DEFENDANT: Good morning, Your Honor.
12 Isaiah McCoy, pro se activist/revolutionary.
13 MS. SHIBATA: Good morning, Your Honor.
14 Shay Shibata, law student intern.
15 THE COURT: Okay. I have just been handed the
16 Government's Motion and Proposed Order for Dismissal of the
17 Second Superseding Indictment. It states that, "Mr. McCoy
18 consents to this dismissal with prejudice," and in fact it
19 appears that he and his standby counsel have also signed the
20 motion and proposed order.
21 Mr. Brady, or Ms. Early, would you like to be heard?
22 MR. BRADY: Yes, Your Honor. Your Honor, last week
23 Friday we represented to the Court --
24 THE COURT: This side can be seated.
25 MR. BRADY: -- we represented to the Court that we

4
1 had some new information that was brought to our attention both
2 Monday as well as Thursday of last week. And after discussing
3 this matter at length with the U.S. Attorney and leadership
4 within the U.S. Attorney's Office in the District of Hawaii, we
5 have concluded that in light of the new information provided
6 within the last several days, the appropriate and reasonable
7 remedy is to voluntarily seek a dismissal with prejudice of the
8 Second Superseding Indictment.
9 I want the Court to know that it is the U.S. Attorney's
10 position that our request for dismissal has absolutely nothing
11 to do with the merits of this case. We believe the victims
12 were credible when they spoke to us originally and we believe
13 they are credible today.
14 The decision to voluntary dismiss this matter has to do
15 with the process of the investigation. The U.S. Attorney's
16 Office has standards as to that process, and the integrity of
17 those standards are the basis for our decision.
18 THE COURT: Okay. Mr. McCoy, did you want to be
19 heard?
20 THE DEFENDANT: Yes. Judge Mollway, I just want to
21 thank you and this Court for everything this Court has done
22 during this case, uhm, the progressive thinking, and in
23 allowing us to add Shay Shibata to the mix, all the good ideas
24 that this Court came up with thus far.
25 I also want to thank your court staff for their

5
1 professionalism during this case, the court reporter who's
2 often had a lot to deal with a lot, even the Marshals for the
3 setup and accommodations that they gave to the whole defense
4 team downstairs that allowed us meaningful and private
5 discussions.
6 Judge Mollway, I did just hear Mr. Brady, and I think that
7 he is still a representative of his office and he still has to
8 protect the interests of his office for a later date, but
9 dismissal was clearly warranted. And had the government not
10 dismissed this case on their own, I'm sure that this Court
11 would have -- would have made the very same decision. And I
12 just really appreciate not just what this does for me, but what
13 this does for the criminal justice system as a whole.
14 Mr. Brady is right that their office does have standards
15 and they don't just win when an accused is convicted. They win
16 any time that citizens are treated fairly, uhm, in the United
17 States of America, and I appreciate that, Your Honor.
18 THE COURT: Okay. There being no objection to the
19 motion, I am granting the motion and hereby dismissing the
20 Second Superseding Indictment as to Defendant Isaiah McCoy. I
21 had previously dismissed the charges against the co-defendant,
22 Tawana Roberts, so this dismissal concludes the case.
23 I am signing this order saying that the dismissal request
24 is granted. I am giving this to the courtroom manager so this
25 can be filed.

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1 I think, Mr. McCoy, if you would like to receive this in
2 due course, you need to submit an address at which you can be
3 reached to the Clerk of Court and then you will get documents.
4 So this order will be filed -- let me check with the
5 courtroom manager.
6 When this happens, does a judgment document also get filed
7 or not?
8 Anyway, I'll ask you to check on that because if it does
9 get filed, then that also will come to you in the mail,
10 Mr. McCoy, but certainly a filed copy of this order will come
11 to you in the mail, so you do need to make sure that
12 your -- the address at which you can receive mail gets posted
13 with the Clerk of Court so that you can receive these notices.
14 Is there anything further from either side?
15 MR. BRADY: No, Your Honor.
16 THE COURT: Okay.
17 THE DEFENDANT: Yes, Your Honor. I would ask that
18 this Court direct the government to turn over my property
19 immediately.
20 THE COURT: And that property is your iPhone 7?
21 THE DEFENDANT: Well, my iPhone 8+, but also
22 clothing that was only relevant to 8 and 9 anyway. They have a
23 duffel bag of my clothing, identification cards, different
24 things that -- that they seized.
25 THE COURT: Okay. Let me check with the government.

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1 Is there anything the government objects to turning over?
2 MR. BRADY: Yes, Your Honor. Gary Singh, standby
3 counsel, sent me an email over the weekend. I did forward that
4 email to agents and requested that they return the items. I
5 know he mentioned something about his clothes and his shoes.
6 We have no objection to any of those items that were seized on
7 him at the time of his arrest to be returned to him.
8 THE COURT: And the phones?
9 MR. BRADY: Yes, Your Honor.
10 THE COURT: Okay. Is there a firearm that was
11 seized by the government?
12 MR. BRADY: No, Your Honor.
13 THE COURT: Okay. Okay. Then those things are all
14 going to be returned to you. I'm not sure if Mr. Brady has a
15 date.
16 Can they be returned to him today or given at least to
17 Mr. Singh? Tomorrow? Today? When should Mr. McCoy be
18 expecting to get his belongings back?
19 MR. BRADY: I would not imagine it would take more
20 than a day. I would think that we're going to try to get that
21 done today.
22 THE COURT: Okay. If not today, tomorrow.
23 MR. BRADY: Okay.
24 THE COURT: And in terms of -- so I'm ordering
25 Mr. McCoy to be released from custody forthwith.

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1 Now, did you need to go back to FDC for any reason?
2 THE DEFENDANT: No.
3 THE COURT: Okay. Then the Marshals should take
4 steps to remove any restraints and to release him forthwith.
5 Okay. So typically what happens when a trial ends is that
6 we give all the exhibits back to counsel. So, counsel,
7 whatever exhibits you have submitted in binders, you should
8 make arrangements to pick up because we do not have sufficient
9 storage space to hold on to all the exhibits. So all counsel
10 should make those arrangements with the courtroom manager.
11 If there's nothing further, thank you very much.
12 Good luck, Mr. McCoy, and you should see your belongings
13 back shortly. Thank you.
14 THE DEFENDANT: Thank you.
15 (Proceedings concluded at 11:24 A.M.)
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1 COURT REPORTER'S CERTIFICATE
3 I, DEBRA READ, Official Court Reporter, United
4 States District Court, District of Hawaii, do hereby certify
5 that pursuant to 28 U.S.C. §753 the foregoing is a complete,
6 true, and correct transcript of the stenographically reported
7 proceedings held in the above-entitled matter and that the
8 transcript page format is in conformance with the regulations
9 of the Judicial Conference of the United States.
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DATED at Honolulu, Hawaii, December 14, 2018.
11
12
13 /s/ Debra Read
14 DEBRA READ, CSR CRR RMR RDR
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U.S. v. McCoy Transcript of Proceedings On Nov. 13, 2018

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Case 1:18-cr-00016-SOM Document 479 Filed 12/19/18 Page 1 of 9 PageID #: 6649

1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE DISTRICT OF HAWAII

13 For the Government: MORGAN L. EARLY, AUSA

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT

1 TUESDAY, NOVEMBER 13, 2018 11:15 A.M.

2 THE COURTROOM MANAGER: Criminal 18-16 SOM, United

3 States of America versus Defendant Isaiah McCoy.

4 This case has been called for various motions.

5 Counsel, your appearances for the record, please.

6 MS. EARLY: Good morning, Your Honor.

7 Morgan Early and Tom Brady for the United States.

8 THE COURT: Good morning.

9 MR. SINGH: Good morning, Your Honor.

10 Gary Singh, Standby Counsel for Mr. McCoy.

11 THE DEFENDANT: Good morning, Your Honor.

12 Isaiah McCoy, pro se activist/revolutionary.

13 MS. SHIBATA: Good morning, Your Honor.

14 Shay Shibata, law student intern.

15 THE COURT: Okay. I have just been handed the

16 Government's Motion and Proposed Order for Dismissal of the

17 Second Superseding Indictment. It states that, "Mr. McCoy

18 consents to this dismissal with prejudice," and in fact it

20 motion and proposed order.

21 Mr. Brady, or Ms. Early, would you like to be heard?

22 MR. BRADY: Yes, Your Honor. Your Honor, last week

23 Friday we represented to the Court --

24 THE COURT: This side can be seated.

25 MR. BRADY: -- we represented to the Court that we

UNITED STATES DISTRICT COURT

2 Monday as well as Thursday of last week. And after discussing

3 this matter at length with the U.S. Attorney and leadership

4 within the U.S. Attorney's Office in the District of Hawaii, we

5 have concluded that in light of the new information provided

6 within the last several days, the appropriate and reasonable

7 remedy is to voluntarily seek a dismissal with prejudice of the

8 Second Superseding Indictment.

9 I want the Court to know that it is the U.S. Attorney's

10 position that our request for dismissal has absolutely nothing

11 to do with the merits of this case. We believe the victims

12 were credible when they spoke to us originally and we believe

13 they are credible today.

14 The decision to voluntary dismiss this matter has to do

15 with the process of the investigation. The U.S. Attorney's

16 Office has standards as to that process, and the integrity of

17 those standards are the basis for our decision.

18 THE COURT: Okay. Mr. McCoy, did you want to be

20 THE DEFENDANT: Yes. Judge Mollway, I just want to

22 during this case, uhm, the progressive thinking, and in

24 that this Court came up with thus far.

25 I also want to thank your court staff for their

UNITED STATES DISTRICT COURT

1 professionalism during this case, the court reporter who's

3 setup and accommodations that they gave to the whole defense

4 team downstairs that allowed us meaningful and private

7 he is still a representative of his office and he still has to

8 protect the interests of his office for a later date, but

9 dismissal was clearly warranted. And had the government not

13 this does for the criminal justice system as a whole.

14 Mr. Brady is right that their office does have standards

17 States of America, and I appreciate that, Your Honor.