UNITED STATES OF AMERICA et al v. MICROSOFT CORPORATION

Filing 40

1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. DARRYL M. WOODFORK, Defendant ................ : : : : : : : : Criminal No. 06-182 June 28, 2006 11:20 a.m. ............

TRANSCRIPT OF GUILTY PLEA BEFORE THE HONORABLE JAMES ROBERTSON UNITED STATES DISTRICT JUDGE APPEARANCES: For the United States: MICHAEL BRITTIN, AUSA UNITED STATES ATTORNEY'S OFFICE 555 Fourth Street, NW Washington, D.C. 20530 MITCHELL MARK SELTZER, ESQUIRE 717 D Street, NW Suite 310 Washington , DC 20004 [phone] GEORGE ALLEN DALE, ESQUIRE LAW OFFICE OF G. ALLEN DALE 601 Pennsylvania Avenue, NW Suite 900, North Building Washington , DC 20004 [phone] Court Reporter: REBECCA STONESTREET, RPR, CRR Official Court Reporter Room 6511, U.S. Courthouse Washington, D.C. 20001 [phone]

For the Defendant:

Proceedings reported by machine shorthand, transcript produced by computer-aided transcription.

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

PROCEEDINGS COURTROOM DEPUTY: This is criminal number 06-0182, Michael

United States of America versus Darryl M. Woodfork.

Brittin present for the government, Mr. Dale and Mr. Seltzer present for the defendant. courtroom. THE COURT: This is to be a plea. Is that correct? The defendant is present in the

MR. SELTZER:

Yes, Your Honor, pursuant to a

superseding information. THE COURT: All right. Will the defendant please step Will the

up to the podium with one or both of his counsel? clerk please administer the oath and take the plea?

(Oath administered by Courtroom Deputy.) COURTROOM DEPUTY: reading of the information? MR. SELTZER: Yes, he does. Mr. Woodfork, as to count one, Does the defendant waive formal

COURTROOM DEPUTY:

charging you with participation in a Racketeer Influenced Corrupt Organization through a pattern of racketeering activity, in violation of 18 United States Code Section 1962(c) and 1963, how do you plead? MR. SELTZER: Your Honor -- and I know the Court and I

have sort of been down this road before in lesser cases, but bottom line, he's going to enter a plea of not guilty as to all counts. At the end of the Rule 11 inquiry I suspect or expect

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

he will plead guilty, but for the moment, we enter pleas of not guilty. THE COURT: before, Mr. Seltzer. All right. Well, we have been around this

And this is a bit of an illogical

conundrum, because as part of the Rule 11 colloquy I'm going to ask him to admit whether the facts cited in the information are true, and when he says yes, it's a little hard to square that with a plea of not guilty. way. MR. SELTZER: As I said, later in the colloquy I'm sure But I understand. We'll do it your

he will change that plea. COURTROOM DEPUTY: THE COURT: Yes. As to count two, charging you with Would you like for me to continue?

COURTROOM DEPUTY:

conspiracy to make false statements in purchase of firearms, in violation of 18 United States Code Sections 371, 924(a)(1)(a), how do you wish to plead? MR. SELTZER: Same representation, not guilty, with the

expectation he will change his plea to guilty at the end of the colloquy. COURTROOM DEPUTY: As to count three, charging you with

felonious destruction of property, in violation of 22 DC Code Section 303, how do you wish to plead? MR. SELTZER: Same representation. As to count four, charging you with

COURTROOM DEPUTY:

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

murder in aid of racketeering activity, in violation of 18 United States Code Section 1959, 18 (sic), how do you wish to plead? MR. SELTZER: Same representations. As to count five, charging you with

COURTROOM DEPUTY:

murder in aid of racketeering activity, in violation of 18 United States Code Section 1959(a)(1), how do you wish to plead? MR. SELTZER: Same representations. Your Honor, the defendant has

COURTROOM DEPUTY:

entered a plea of not guilty to all charges of the information. THE COURT: All right. Mr. Woodfork, I know that

you've been over this with your attorneys, and I know that your attorneys are excellent lawyers who have given you all kinds of advice about this, but we're going to go over a lot of things that you've been over with them many times before. Because I

have to be certain that the guilty plea that I expect that you will enter is voluntary and intelligent, meaning in ordinary language, I've got to be sure that you know what you're doing here and that you're doing it of your own free will. understand? THE DEFENDANT: THE COURT: Yes, sir. Do you

How old are you? 28.

THE DEFENDANT: THE COURT:

How much education do you have?

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it?

THE DEFENDANT: THE COURT:

10.

10th grade? Yes.

THE DEFENDANT: THE COURT:

How are your reading skills? Fine.

THE DEFENDANT: THE COURT: agreement? THE DEFENDANT: THE COURT:

You've been able to read this plea

Yes, sir.

Have you read it carefully, every word of

THE DEFENDANT: THE COURT:

Yes, sir.

You've been over it with your attorney? Yes, sir.

THE DEFENDANT: THE COURT:

How is your health? Fine.

THE DEFENDANT: THE COURT:

Taking any medication? No, sir.

THE DEFENDANT: THE COURT:

You're not under the influence of alcohol,

drugs or controlled substances this morning, of course? THE DEFENDANT: THE COURT: No, sir.

Your mind is clear? Yes, sir.

THE DEFENDANT: THE COURT:

The superseding information to which I The first one is

believe you will plead guilty has five counts.

participation in a Racketeer Influenced Corrupt Organization,

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

also known as RICO.

Do you understand that? Yes, sir.

THE DEFENDANT: THE COURT:

Well, you're one of the very few people who

do, because RICO is a very, very complicated proposition. You understand that you are charged in this information with a number of separate acts, criminal acts, which become, in RICO language, predicate acts or part of the acts performed as part of this Racketeer Influenced Corrupt Organization. THE DEFENDANT: THE COURT: Yes.

But it begins with the proposition that the

Taft Terrace crew was a Racketeer Influenced Corrupt Organization. Do you understand that? Yes, sir.

THE DEFENDANT: THE COURT: knowledge? THE DEFENDANT: THE COURT:

Is that true, to the best of your

Yes, sir.

Is the Taft Terrace crew, or was the

Taft Terrace crew a group of people gathered together for the criminal purpose of dealing drugs? THE DEFENDANT: THE COURT: Yes, sir. I'm trying to do this

All right.

Mr. Seltzer's way, so I'm not going to put you yet to the proposition of admitting the facts of these, but I want to make sure that you understand a few things about this process. is a guilty plea proceeding. This

The purpose of this is, at the end

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

of this exercise you're going to change your plea from not guilty to guilty. well? THE DEFENDANT: THE COURT: Yes, sir. You don't have to plead guilty. Your trial There Is that your understanding, if it all goes

All right.

You have the right to a trial in this courthouse.

would be right here in this courtroom or one like it.

would be 12 citizens sitting over there in that jury box, and for you to be convicted of any one of these crimes that you're charged with, the jury would have to find unanimously, all 12 of them would have to find that you were guilty. that? THE DEFENDANT: THE COURT: Yes, sir. Do you understand

At a trial of this case or any case against You don't have to prove

you, you don't have to prove anything.

that you are innocent; it is the government's job to prove that you are guilty. Do you understand that? Yes, sir.

THE DEFENDANT: THE COURT:

And the government must -- the government Do you understand

can't compel you to testify against yourself. that? THE DEFENDANT: THE COURT: Yes, sir.

Do you understand that you're entitled to

counsel at every stage of this proceeding, and in this particular case, since you were initially charged with a capital

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

offense, you're entitled to two attorneys. that? THE DEFENDANT: THE COURT: Yes, sir.

Do you understand

The jury would be told at the beginning of

the trial that you are innocent until or unless proven guilty, that the jury must presume you to be innocent, that you don't have to testify, and that if you don't testify, they can't hold it against you in any way. THE DEFENDANT: THE COURT: Do you understand all of that?

Yes, sir.

The jury would be told that the burden of

proof is on the government, that it never shifts, that the government always has the burden of proof. And again, they You got

would be told that you don't have to prove anything. that? THE DEFENDANT: THE COURT: Yes, sir.

Although you don't have to testify, you And in any event, your

could testify if you chose to do so.

attorney could cross examine all the witnesses who appear against you to try to make their testimony seem less important or less believable. Do you understand that? Yes.

THE DEFENDANT: THE COURT:

And your attorney can call witnesses on Even though you don't Do you

your behalf, even if you don't testify.

have to put a defense on, you could put a defense on. understand that?

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

9

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

THE DEFENDANT: THE COURT:

Yes, sir.

If you were convicted by the jury, you

would have a right to an appeal, and again you would have a right to counsel paid for by the government, if necessary, upon your appeal. Do you understand that? Yes, sir.

THE DEFENDANT: THE COURT:

All of those rights that I've just

enumerated for you, you are giving away or waiving with the plea of guilty, if I accept it. THE DEFENDANT: THE COURT: sentencing. Do you understand that?

Yes, sir.

Now let's talk a little bit about

As I understand it, the reason you are here today

is because although you were originally charged with a crime carrying the death penalty, the death penalty has been taken off the table, and so you are not facing the death penalty but you are facing a penalty of mandatory life imprisonment. understand that? THE DEFENDANT: THE COURT: Yes, sir. Do you

That means -- mandatory life imprisonment That means you'll grow

means without the possibility of parole. old and die in prison. THE DEFENDANT: THE COURT:

Do you understand that, sir? Yes.

Now, the plea agreement that you've entered

into holds out the possibility of what we know as a 5(k)1.1 motion, or a motion made by the government to allow me to

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

sentence you to less than life imprisonment if the government finds that you have cooperated with them and provided substantial assistance to them in finding and prosecuting other people. Is that your understanding? THE DEFENDANT: THE COURT: Yes, sir.

Let's make very sure that you and I both First of all, Mr. Brittin, who is

understand how this works.

the prosecutor here, may not come into this court and file that 5(k)(1) motion unless he is authorized to do so by a committee of people over in the United States Attorney's Office. You

don't know those people, I don't know those people, but that committee has to approve it before Mr. Brittin can file a request here. And if that committee doesn't approve it, then he

won't file a request, and there's nothing you can do about it or I can do about it, or Mr. Seltzer or Mr. Dale. understand that? THE DEFENDANT: THE COURT: Yes, sir. Do you

None of us can do anything about it.

If Mr. Brittin does come over here with a recommendation for a downward departure under the sentencing guidelines, I don't have to accept it. THE DEFENDANT: THE COURT: Yes, sir. Do you understand that?

And if I don't accept it, there's nothing

you can do about it, there's nothing Mr. Seltzer can do about it, there's nothing Mr. Dale can do about it, and there's

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

nothing the government can do about it. THE DEFENDANT: THE COURT: Yes, sir.

Do you understand that?

I also need for you to understand - maybe

your lawyers have told you this, maybe they haven't - but there was a decision in our Court of Appeals just a few weeks ago in a case in which a man was facing a penalty of 360 months, that's 30 years to life, he cooperated with the government; the government came in with a recommendation for a downward departure, and the judge departed all the way down to 360 months, meaning the judge imposed a 30-year sentence. Which

the man said, I'm 30 or 40 years old, that's the equivalent of a life sentence. You didn't depart at all. The Court of Appeals

said, tough, that's a departure, you got it. So if you think that anybody is either promising you anything or suggesting to you that you may get a downward departure down to a couple or three years, five years, even 10, 15 years, don't think that this possibility of a downward departure is more than it is. shot. Do you understand that? THE DEFENDANT: THE COURT: Yes, sir. Because it's something of a long

And here's the most important part about You're here

this whole discussion of sentencing, Mr. Woodfork:

to plead guilty, and I expect that's going to be what happens here at the end of this conversation. If you do enter a plea of

guilty and I accept it, and then you don't like the sentence

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

you've gotten, you cannot withdraw your guilty plea. understand that? THE DEFENDANT: THE COURT: Yes, sir.

Do you

Just to complete this discussion of

sentencing, you're hoping that you'll be able to cooperate and get some kind of a downward departure and reduce your prison time somewhat. Is that right? Yes, sir.

THE DEFENDANT: THE COURT:

If you do succeed in that and if you do

ever get out of prison, there will definitely be a substantial period of supervised release after release from prison. understand that? THE DEFENDANT: THE COURT: Yes, sir. Do you

Supervised release, it goes by a lot of

different names, but it means essentially you'll be under the thumb of a probation officer. THE DEFENDANT: THE COURT: Do you understand that?

Yes, sir.

Now, Mr. Woodfork, I have in my hand a copy It was

of a 37-page document called a proffer of evidence.

received in my chambers June 22nd, last week; it bears what looks like a signature, June 21st, over your name. this document? THE DEFENDANT: THE COURT: Yes, sir. Did you read

Did you sign it? Yes, sir.

THE DEFENDANT:

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of it.

THE COURT:

Did you read it carefully? Yes.

THE DEFENDANT: THE COURT:

Did you understand every word of it? Yes, sir.

THE DEFENDANT: THE COURT:

Is it all true? Yes.

THE DEFENDANT: THE COURT:

Well, I'm not going to go over all 37 pages But I want to

I don't think we need to do that here.

make sure that I understand what it is that you're admitting here. These RICO predicate acts that I told you about, this

long list of crimes that are part of the criminal conspiracy, this RICO conspiracy -THE DEFENDANT: THE COURT: Yes, sir.

-- you're admitting to being part of a

conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine. THE DEFENDANT: THE COURT: Yes, sir. Is that correct?

You're admitting to the attempted murder of

two unidentified individuals in the 2000 block of Newton Street, Northeast on December the 11th, 2001. THE DEFENDANT: THE COURT: Yes, sir. Is that correct?

You're admitting to the possession with

intent to distribute cocaine base specifically on December the 17th, 2001. Is that correct? Yes, sir.

THE DEFENDANT:

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

THE COURT:

And to a conspiracy to murder the occupants

of Yellow House at 2228 Otis Street, Northeast, on February 27th and 28th, 2002. Is that correct? Yes, sir.

THE DEFENDANT: THE COURT:

And to the robbery of John Crawford,

Delonta Jackson, and Corey Rious at the BP service station on January 2nd, 2003. Is that right? Yes, sir.

THE DEFENDANT: THE COURT:

And to the interstate transportation of a Is

stolen motor vehicle on that same date of January 2nd, 2003. that right? THE DEFENDANT: THE COURT: Yes, sir.

And to the interstate transportation of Is that

another stolen motor vehicle on January 21st, 2003. right? THE DEFENDANT: THE COURT: Yes, sir.

And to interstate travel in aid of

racketeering - that means going across state lines as part of your criminal enterprise - on January 21st, 2003, and later on December 24th, 2003. Is that right? Yes, sir.

THE DEFENDANT: THE COURT:

And to the attempted murder of Damian May

and Tyrone Garrett on December 28th, 2003? THE DEFENDANT: THE COURT: Yes, sir.

And to the interstate transportation of a

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

15

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

stolen motor vehicle on several days, December 30th and 31st, 2003; January 5th, 2004; January 6th, 2004? THE DEFENDANT: THE COURT: January 7th, 2004? MR. SELTZER: Wink. THE COURT: meant. MR. SELTZER: Yes, Your Honor. Yes, sir. What did I say? Damian May is what I It's Damian May. I guess his nickname is Yes, sir.

And to the murder of Damian Wink on

THE DEFENDANT: THE COURT: January 8th, 2004. THE DEFENDANT: THE COURT:

And to Clabe Walker the next day, on

Yes, sir.

And to burning that van, that Van Leeuwen

van, on January the 7th, 2004. THE DEFENDANT: THE COURT: Yes, sir.

You're admitting to all those things? Yes, sir.

THE DEFENDANT: THE COURT:

There are several other counts of this There are some of the same matters

information, Mr. Woodfork.

stated another way, but count two is conspiracy to make false statements in the purchase of firearms. THE DEFENDANT: THE COURT: Yes, sir. Did you do that?

Do you know what a conspiracy is?

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 firearms.

THE DEFENDANT: THE COURT:

Yes, sir.

What is it? Being involved in criminal activity,

THE DEFENDANT:

like having dealings with it. THE COURT: It's agreeing with other people to be Conspiracy is two or more So you were

involved in a criminal activity.

people joined together to do a criminal act. involved with other people -THE DEFENDANT: THE COURT: Right? THE DEFENDANT: THE COURT: Yes, sir. Yes, sir.

-- in making false statements to purchase

Count three charges you with felonious

destruction of property, and that's a blue 1987 Chevrolet Blazer that belonged to Freda Malone that you and others injured and broke and destroyed on April 23rd, 2003. THE DEFENDANT: THE COURT: Yes, sir. Is that right?

And counts four and five are the murders of

Damian May and Clabe Walker, which were also charged as predicate acts under the RICO count but here they're charged the other way around. activity. This is murder in aid of racketeering

And the murder of Damian May, you and Nelson were in Is

a car together, you fired at May with a gun in each hand. that right? THE DEFENDANT: Yes, sir.

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

17

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

THE COURT:

Killed him? Yes, sir.

THE DEFENDANT: THE COURT:

The next night you were in a van with

Sanders, and you spotted Walker, who was in a black Buick Roadmaster driving on Rhode Island Avenue, and you instructed Sanders to pull alongside, open fire, and kill Walker. right? THE DEFENDANT: THE COURT: Yes, sir. Is that

Mr. Brittin, do you think we have on the

record an adequate factual admission of guilt? MR. BRITTIN: THE COURT: Yes, Your Honor.

Mr. Woodfork, has anybody promised you

anything that is not written down in this plea agreement? THE DEFENDANT: THE COURT: No, sir.

Has anybody forced you or put any pressure

on you or coerced you in any way to accept this plea of guilty? THE DEFENDANT: THE COURT: No, sir.

Are you entering into this plea agreement

voluntarily and of our own free will? THE DEFENDANT: THE COURT: attorneys? THE DEFENDANT: THE COURT: Yes, sir. Yes, sir.

Are you satisfied with the services of your

And are you pleading guilty to these five

separate counts in the superseding information, or will you

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

18

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

plead guilty -THE DEFENDANT: THE COURT: Yes, sir.

-- to participation in a Racketeer

Influenced Corrupt Organization through a pattern of racketeering activity, conspiracy to make false statements, felonious destruction of property, and two counts of murder in aid of racketeering activity, will you plead guilty to those five charges because you are guilty of them? THE DEFENDANT: THE COURT: his plea? MR. SELTZER: THE COURT: Yes, Your Honor. Yes, sir.

Mr. Seltzer, is your client ready to change

And do you now plead guilty to each of

those five counts, Mr. Woodfork? THE DEFENDANT: THE COURT: Yes, sir.

Mr. Seltzer, have I omitted anything from

this colloquy that you think I should have covered? MR. SELTZER: THE COURT: I don't believe so, Your Honor.

Mr. Brittin? No, Your Honor.

MR. BRITTIN: THE COURT:

In that case, I find on the basis of the

defendant's appearance and demeanor and his answers to my questions that his plea of guilty is voluntary and intelligent. I will accept it and judge him guilty at this time. What is the anticipated course of events from here on,

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Mr. Brittin?

Should we set it for sentencing or is there some

lengthy period of cooperation that has to be attempted? MR. BRITTIN: Judge, we would recommend not referring

this to the probation office for preparation of a presentence report at this time. We have a scheduled status date on the

Court's calendar at 9:30 on October 5th, and if we convene at that time, I'll be in a position to advise the Court about progress that's been made over the summer and the likely course of events further into the future. THE COURT: All right. Mr. Woodfork, it's come to my

attention in the last few days that you've made yourself unwelcome at one place of incarceration in this area, and they're going to have to move you around. I'm not going to

state even on the sealed record exactly what the details of that are, but I do want to let you know that it's important for your own situation that you continue to be available to the attorneys on both sides, and if you make any more trouble and get sent any farther away, it's going to be awful hard for anybody to be in touch with you the way they need to be in touch with you. It's

in your interest to do what you can to help both defense counsel and the government. Do you understand? Yes, sir.

THE DEFENDANT: THE COURT:

Anything further from anybody this morning? No, Your Honor. We're adjourned. We'll

MR. SELTZER: THE COURT:

Thank you.

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om

20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

reconvene on this matter on October the 5th at 9:30 in the morning. (Proceedings adjourned at 11:45 a.m.)

CERTIFICATE OF OFFICIAL COURT REPORTER

I, Rebecca Stonestreet, certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter.

_______________________________ SIGNATURE OF COURT REPORTER

_________ DATE

Rebecca Stonestreet

[phone]

k i n g r ep o r t e r @ a o l . c om