Case 1:13-cr-00193-ESH Document 31 Filed 04/24/14 Page 1 of 9 1

1 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
2

3 THE UNITED STATES OF AMERICA, )

) File No: CR 12-281 and
4 Plaintiff, ) CR 13-193
) Date: July 11, 2013
5 vs. ) Time: 2:26 p.m.
)
6 Hector Orjuela, Jr., ) STATUS CONFERENCE and
) ARRAIGNMENT
7 Defendant. )

8 ____________________________________________________________

9
TRANSCRIPT OF STATUS CONFERENCE AND ARRAIGNMENT
10 HELD BEFORE
THE HONORABLE ELLEN SEGAL HUVELLE
11 UNITED STATES DISTRICT JUDGE

12 ____________________________________________________________

13
APPEARANCES:
14

15 For the United States: Ms. Sarah Chang

Ms. MiYung Claire Park
16 U.S. Department of Justice
1400 New York Avenue, NW
17 Suite 600
Washington, DC 20005
18

19 For the Defendant: Mr. Jonathan Jeffress

Federal Public Defender Office
20 625 Indiana Avenue, NW
Suite 550
21 Washington, DC 20004

22

23 Court Reporter: Vicki Eastvold, RMR, CRR

Official Court Reporter
24 U.S. Courthouse, Room 6722
333 Constitution Avenue, NW
25 Washington, DC 20001
202-354-3242
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 Case 1:13-cr-00193-ESH Document 31 Filed 04/24/14 Page 2 of 9 2

1 THE COURT: All right. Good afternoon.

2 MR. JEFFRESS: Good afternoon.

3 MS. PARK: Good afternoon, Your Honor.

4 THE COURT: I had been contacted -- just for

5 purposes of the record -- and I've at least filed the

6 defendant's letter on the record whenever I get letters.

7 Also, I did get a letter from a relative. But I put the

8 defendant's letter on file. He had asked for a new counsel.

9 They have -- his relatives had retained someone and that

10 person is no longer representing the defendant.

11 Mr. Jeffress is going --

12 Did you have some connection with this case once

13 upon a time?

14 MR. JEFFRESS: Your Honor, originally our office

15 did have the case, but then they retained that person. And

16 for whatever reason it hasn't worked out, so now we're

17 coming back to it.

18 THE COURT: Okay. I didn't know whether you had

19 known the defendant before. He asked for you in particular.

20 But -- so you're now representing him?

21 MR. JEFFRESS: Yes, Your Honor.

22 THE COURT: You have entered your appearance. We

23 were prepared to go forward with a plea, but it took us

24 awhile to get the Rule 20. We need to arraign him on the

25 new case that's come from Maryland?

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1 MS. PARK: Yes, Your Honor.

2 THE DEPUTY CLERK: Would the defendant please step

3 forward for arraignment?

4 Mr. Orjuela, in case number criminal 13-193, a

5 one-count indictment has been filed charging you with sexual

6 exploitation of a minor for the purpose of producing child

7 pornography, in violation of 18 United States Code, Section

8 2251(a). Do you wish to waive formal reading of the

9 indictment?

10 MR. JEFFRESS: Yes. On behalf of Mr. Orjuela, at

11 this time we do waive formal reading and at this time enter

12 a plea of not guilty.

13 THE COURT: So Mr. Jeffress, what is your

14 preference at this point? Had a plea agreement sent to me

15 signed by prior counsel -- but, anyways -- dated on 6-5.

16 You obviously have seen this.

17 MR. JEFFRESS: Yes.

18 THE COURT: And this would take care of both

19 cases?

20 MR. JEFFRESS: That's my understanding, yes.

21 THE COURT: All right. So what do you foresee

22 happening here?

23 MR. JEFFRESS: Your Honor, the only thing that

24 we're looking to do right now is to take about three weeks

25 and just look through the discovery, which is somewhat

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1 voluminous, and talk further with Mr. Orjuela and then just

2 make sure that this is what he wants to do. We're not --

3 this is not a rejection of that plea. And I've talked to

4 Ms. Park, and the government appears willing to leave it

5 open for this time period. So I just suggested we come back

6 in three weeks either for a status conference or for the

7 plea.

8 THE COURT: Is that all right with the government?

9 MS. PARK: Yes, Your Honor.

10 THE COURT: And will you make a request to waive

11 the speedy trial? I don't know where we stand in the speedy

12 trial. We obviously had waived it along here in order to

13 have a disposition. But I know we waived -- could you tell

14 us if we've --

15 THE DEPUTY CLERK: Your Honor, the last waiver was

16 from June 11, 2013, until -- I'm sorry -- May 22, 2013,

17 until June 10, 2013.

18 THE COURT: Well, what about -- how many days have

19 we used up before that?

20 THE DEPUTY CLERK: Your Honor, I show the speedy

21 trial date is September 8.

22 THE COURT: Now? I mean, as of now?

23 THE DEPUTY CLERK: As of today.

24 THE COURT: All right. Well, if you want to -- we

25 don't have any motions on file, obviously. I mean, this has

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1 been on a disposition track.

2 So 9-8 is speedy trial?

3 THE DEPUTY CLERK: Yes, Your Honor.

4 THE COURT: Is it your preference to -- since we

5 have a new counsel and you need to review the discovery and

6 discuss it with your client, are you amenable to waiving the

7 speedy trial until we come back in three weeks?

8 MR. JEFFRESS: Yes, Your Honor. I talked to

9 Mr. Orjuela about that and we submit it's in the interests

10 of justice to exclude the time between now and when we come

11 back.

12 THE COURT: Any objection from the government?

13 MS. PARK: No, Your Honor. I believe that's

14 covered under the interests of justice under 3161.

15 THE COURT: It is in order to allow new counsel to

16 get up to speed and to pursue the possible disposition of

17 this case. So we will waive --

18 You have any objection, sir --

19 THE DEFENDANT: No, ma'am.

20 THE COURT: -- to tolling the speedy trial from

21 today, which is July 11, to when we come back in about three

22 weeks.

23 And you're saying that we've only -- how many days

24 have we used up as of today?

25 THE DEPUTY CLERK: 41.

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1 THE COURT: Okay. And I assume you have all the

2 paperwork and all the discovery.

3 MR. JEFFRESS: I've got the full file from

4 Mr. Simmons.

5 THE COURT: All discovery has been provided?

6 MS. PARK: Yes, Your Honor. The only outstanding

7 discovery is some of the contraband and forensic interviews

8 which we've spoken to beforehand with Mr. Jeffress. And he

9 will make arrangements to come view it at our office.

10 THE COURT: So what -- Mr. Jeffress, three weeks?

11 MR. JEFFRESS: That's fine.

12 THE COURT: We can do it the week -- I'm out the

13 week of the 5th. You want to do it before that or after

14 that? I'm here the week of the 12th or the week of the

15 29th.

16 MS. PARK: I might be gone.

17 MR. JEFFRESS: Your Honor -- is Your Honor

18 available the week of the 29th of August?

19 THE COURT: Of what?

20 MR. JEFFRESS: 29th.

21 THE COURT: July?

22 MR. JEFFRESS: August.

23 MS. PARK: Oh. July. Sorry.

24 MR. JEFFRESS: Oh. That's fine with me.

25 THE COURT: And if we're going to go forward we'll

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1 do it -- I can do it -- you pick your day. Let's do it the

2 1st of August. Is that all right?

3 MR. JEFFRESS: That's fine.

4 MS. PARK: That's fine, Your Honor.

5 THE COURT: We can do it in the morning at 9:30.

6 And if we're going to go forward with the plea, would you

7 contact chambers a couple days in advance so I can go over

8 the papers? I have -- unless -- you know, if they're going

9 to change we'll send new papers. But I have plea papers

10 now. So if there's anything changes, I need to know it.

11 But I also would like you to contact the courtroom clerk to

12 just confirm we're going forward with the plea.

13 MR. JEFFRESS: That's fine, Your Honor.

14 THE COURT: Something for the government?

15 MS. PARK: Yes, Your Honor. I just have a

16 question. Clarification question. Whether -- I realize

17 that with the new DC number that the plea agreement reflects

18 the Maryland number so that would have to be changed. And

19 Mr. Jeffress's name would have to be changed. Would you

20 like a new executed plea agreement, then? Or --

21 THE COURT: Well, we can certainly -- it's

22 addressed to -- I don't care. He doesn't need it. The case

23 number --

24 Do we have a new case number for the second case?

25 THE DEPUTY CLERK: Yes, Your Honor. 13-193.

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1 THE COURT: I think we can all just -- when you

2 give us the original papers -- well, you're going to have to

3 have new papers in order to have him sign and the defendant

4 to sign with the right number.

5 MS. PARK: Right, Your Honor.

6 THE COURT: So the answer is I don't need them if

7 you don't make any substantive change, but you need them in

8 order to file with the clerk.

9 MS. PARK: Yes.

10 THE COURT: So we will be back for plea presumably

11 -- but you're going to let me know -- on the 1st at 9:30 of

12 August. Okay?

13 MR. JEFFRESS: Thank you, Your Honor.

14 MS. PARK: Thank you, Your Honor.

15 THE COURT: Thank you. So for purposes of the

16 record the waiver will go from 7-11 to 8-1. We are tolling

17 the speedy trial. Okay.

18 MR. JEFFRESS: Thank you, Your Honor.

19 MS. PARK: Thank you, Your Honor.

20 (Proceedings concluded.)

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1 CERTIFICATE OF OFFICIAL COURT REPORTER

5 I, VICKI EASTVOLD, do hereby certify that the

6 above and foregoing constitutes a true and accurate

7 transcript of my stenographic notes and is a full, true and

8 complete transcript of the proceedings to the best of my

9 ability.

10 Dated this 21st day of April, 2014.

11

12 _______s/Vicki Eastvold________
Official Court Reporter
13 United States Courthouse
Room 6722
14 333 Constitution Avenue, NW
Washington, DC 20001
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