1 STATE OF INDIANA ) JOHNSON SUPERIOR COURT NO 3

2 ) SS:

3 COUNTY OF JOHNSON ) CAUSE 41D03-1606-F6-00277

6 STATE OF INDIANA )

7 v. )

8 WILLIAM S. CAREY )
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11 TRANSCRIPT OF PRETRIAL CONFERENCE

12 HELD NOVEMBER 30, 2016

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20 Before the Honorable

21 Lance D. Hamner, Judge

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 PRE-TRIAL CONFERENCE HELD NOVEMBER 30, 2016

1 The Court: William Carey.

2 Mr. Abbott: Your Honor, Mr. Carey is appearing pro

3 se. I spoke with him a few moments ago

4 and he indicated he wanted to request a

5 continuance. I told him that the State

6 would object to that. On August 31st he

7 requested a continuance for time to hire

8 an attorney, and then again, on October

9 22nd for the same reason. The State did

10 not object at that time. We are

11 objecting (INAUDIBLE) given that he

12 indicated that he wanted to request a

13 Public Defender. Is that correct?

14 Defendant: Yeah, if I couldnt get a continuance

15 today. Ive been going to some

16 medical...they found a spot on my lung

17 and one on my throat and theyve been

18 having to do biopsies on me, so Ive

19 been having to take a lot of time off

20 work to take care of my medical issues.

21 I mean I could...I can hire an attorney

22 after tax time. I know for sure.

23 The Court: What do you mean after tax time?

24 Defendant: At tax time when I file my tax...

25 The Court: When are you going to file your taxes?

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 PRE-TRIAL CONFERENCE HELD NOVEMBER 30, 2016

1 You can file them at the first of the

2 year.

3 Defendant: Yeah, yes sir. I do rapid refund.

4 The Court: All right. Ill give you one more

5 continuance.

6 Mr. Abbott: Your Honor, if I may for the record, the

7 allegation (INAUDIBLE) involved Mr.

8 Carey (INAUDIBLE) an accident while the

9 State alleges he was almost four (4)

10 times the legal limit. There is a

11 victim involved in this case that has

12 contact with the Prosecutors Office.

13 We are objecting to the continuance on

14 this case. We believe that the victim

15 deserves swift justice, along with the

16 Defendant. In addition Your Honor, the

17 State has received information that this

18 would constitute Mr. Careys fourth OWI,

19 so we want to put on the record that we

20 would like to reserve the right pending

21 the outcome of plea negotiations to also

22 charge him as a habitual offender.

23 The Court: Okay. So noted. Are you married?

24 Defendant: No sir.

25 The Court: Do you live with somebody?

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 PRE-TRIAL CONFERENCE HELD NOVEMBER 30, 2016

1 Defendant: My parents. I lost my, I lost my...

2 The Court: So you have no expenses so how much work

3 have you been doing?

4 Defendant: Just here and there, when...

5 The Court: I dont know what here and there means.

6 Defendant: Two (2) or three (3) days a week.

7 The Court: Doing what?

8 Defendant: Construction. And it is just hit and

9 miss. Ive been trying to go around to

10 Work Force Employment.

11 The Court: How much do you make an hour when you

12 work?

13 Defendant: $12.50.

14 The Court: So, two (2) days a week...

15 Defendant: Yes sir.

16 The Court: ...or three (3)?

17 Defendant: Two and a half (2 ), three (3).

18 Sometimes...it just varies.

19 The Court: So you are pulling down about $250.00 a

20 week and you are doing that under the

21 table or are you getting paid a regular

22 pay check with taxes?

23 Defendant: They 1099 me.

24 The Court: I dont know what...what are you saying?

25 Defendant: They 1099 me. I get paid but then at

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 PRE-TRIAL CONFERENCE HELD NOVEMBER 30, 2016

1 the end of the year I have to...

2 The Court: So you are getting the full $250.00?

3 Defendant: Yes sir.

4 The Court: And obviously at that rate you are not

5 going to be paying any taxes, so my

6 question is if you havent hired a

7 lawyer what have you been spending your

8 money on?
9 Defendant: Well, Ive been...

10 The Court: Because youve got no expenses. You are

11 living with your parents.

12 Defendant: Well I...

13 The Court: They are feeding you. They are housing

14 you.

15 Defendant: I help them out with the groceries, you

16 know.

17 The Court: No, Im not buying that. You live at

18 home. Your parents are taking care of

19 you. Thats the way it works. Im not

20 stupid.

21 Defendant: Im not saying...

22 The Court: So what are you doing with all the money

23 instead of hiring a lawyer, which you

24 said you were going to do?

25 Defendant: Im just...you know, expenses.

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 PRE-TRIAL CONFERENCE HELD NOVEMBER 30, 2016

1 The Court: No I dont know.

2 Defendant: Just expenses Your Honor.

3 The Court: What expenses are there when you dont

4 have any expenses?

5 Defendant: You know, groceries. You know, I go out

6 to eat.

7 The Court: All right, go hire yourself a lawyer.

8 We are going to go ahead and continue

9 with the dates that you have. Im going

10 to find that you are not indigent. You

11 are just simply choosing to spend your

12 money on other things. You have been

13 working. You have no expenses. Thats

14 the way it is. So hire a lawyer and we

15 will see you back on Final Pretrial date

16 of October 26th. So you better go hire

17 a lawyer today.
18 Defendant: October? This is November.

19 Mr. Abbott: Your Honor Im showing a Final Pretrial

20 date of December the 14th.

21 The Court: December 14th.

22 Mr. Abbott: With a trial by Jury on January 10,

23 2017.

24 The Court: We will keep those dates. Youve got

25 those dates?

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 PRE-TRIAL CONFERENCE HELD NOVEMBER 30, 2016

1 Defendant: Yes sir.

2 The Court: All right.

3 Mr. Abbott: Thank you Your Honor.

4 The Court: Youre welcome.

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 1 STATE OF INDIANA ) JOHNSON SUPERIOR COURT NO. 3

2 ) SS:

3 COUNTY OF JOHNSON ) CAUSE 41D03-1606-F6-00277

5 STATE OF INDIANA )

6 v. )

7 WILLIAM S. CAREY )

9 I, Paula Roberts, Court Reporter of the Johnson Superior Court No.

10 3, do hereby certify that I am the Official Court Reporter of said Court, duly

11 appointed and sworn to record by mechanical device the evidence of causes

12 tried therein.

13 I further certify that on November 30, 2016 the foregoing evidence in

14 regard to State of Indiana v. William S. Carey in Cause Number 41D03-

15 1606-F6-000277 was recorded and that the foregoing is a complete, correct

16 and true transcript of the testimony so recorded.

17 IN WITNESS WHEREOF, I have hereunto set my hand and Seal this

18 20th day of December, 2016.

19

20 /S/ Paula Roberts

21 PAULA ROBERTS, Court Reporter

22 JOHNSON SUPERIOR COURT NO. 3