(P77,L19-21,P78,L11-22,P79,L16-25,P80,L1-25,P82,L1-25,P83,L1-25,P84,L1-3&17-19,P86,L4-25,P87,L1-25)
HANNAH: ". . ARE YOU GOING TO MAKE CLOSING REMARKS AFTER MR. PETTY, MR. SMITH?"
SMITH: "NO, YOUR HONOR."
COMMENT: WHY? NOT AN APPEAL FOR HIS CLIENT? WOW!
HANNAH: "All right. Then we'll close with you, Mr. Petty."
PETTY JR.: "Your Honor, I would like to thank my supporters that have obviously sacrificed to be here and my associates and what they've had to say.
And I want to say that I do not take for granted the opportunity for a man who has been convicted and facing possibly a life sentence . . , that I even have an opportunity to speak. You know, thank God this is America and that I can still speak, even though that, you know - - I sure don't take that for granted, and I appreciate it.
I also beg of you, unless you have reason to believe that I'm a flight risk or a threat to the community, that you would allow me to retain the present court ordered conditions of my probation until these matters are resolved, even as far as through the filing of my - - and the resolution of my appeal."
HANNAH: "In regard to your first request that the Court postpone your sentencing in anticipation of some ruling on the write of mandamus, that's denied. And I might also tell you that after sentencing today I'M GOING TO HAVE YOU REMANDED INTO THE CUSTODY OF THE UNITED STATES MARSHAL'S SERVICE TO BEGIN YOUR SENTENCE.
PETTY JR.: "YOU'RE A PRECIOUS MAN."
COMMENT: AL PETTY MISUNDERSTOOD THAT HE WOULD REMAIN FREE!
HANNAH: "WHAT DID YOU SAY?"
PETTY JR.: "I said you're a precious man. I'm sorry I speak in terms like that. You said that I'm going to - - oh, that I'm going to prison?"
HANNAH: "YES."
PETTY JR.: "Okay, okay. I thought you meant remain in the custody of the PROBATIONARY CUSTODY."
HANNAH: "NO."
PETTY JR.: "Okay. That's okay. You still are."
HANNAH: "All right. Do you have anything else you want to speak on?"
PETTY JR.: "No."
HANNAH: "All right."
PETTY JR.: "I would like to ask you a question, but you'll explain that to me, I'm sure, in just a moment, what the procedure from this moment is."
HANNAH: "I'll explain that to you."
PETTY JR.: "Sure."
HANNAH: ". . Mr. Petty, I'm going to sentence you at this time. If you will remain standing. Mr. Smith.
In regard to the objections that were raised by oral . .
. . I think you also questioned the fact about being a director. Perhaps you didn't question the fact about being a director or supervisor of the criminal activity. If you didn't object to it orally today, I'm sure you did in your written objections, and again, I overrule that objection for the reasons stated in the Presentence Report.
There were also other objections that we didn't talk about today but that were considered by this Court that you raised in your written objections to the Presentence Report. ALL OF those are overruled because of the reasons stated in the Presentence Report, the Court having adopted the reasoning and agreeing with the reasoning of the probation officer who wrote the report.
COMMENT: Note that the rulings that Hannah is making here against Al are NOT the result of ANY issues that were determined "beyond a reasonable doubt", or even were CONSIDERED by a Jury. This entire "sentencing Procedure" was exactly the "COLLUSION BETWEEN THE PROSECUTION, PROBATION OFFICER, AGREED UPON BY THE JUDGE", that the SUPREME COURT HAS RECENTLY RULED TO BE IN VIOLATION OF THE 6TH AMENDMENT OF THE CONSTITUTION"! This flagrant violation of every citizens rights resulted in Al Petty being given over 20 years incarceration, ALL of which was the result of an ILLEGAL "CONSPIRACY" - in every sense of the word - by the JUDICIAL SYSTEM - NOT BY A JURY, AS REQUIRED BY our CONSTITUTION, and now CONFIRMED BY THE SUPREME COURT. During the 24 years period of time that this "VIOLATION OF OUR CONSTITUTIONAL RIGHTS" has been perpetrated on our citizens, HUNDREDS OF THOUSANDS of "innocent according to our Constitution". Citizens are now incarcerated who are NOT a "MENACE TO SOCIETY". However the Government spends BILLIONS OF DOLLARS of taxpayer's monies on maintaining their incarceration. THEREFORE these inmates who are NOT a "MENACE TO SOCIETY" have been caused by the REAL "MENACE TO SOCIETY" - THE FEDERAL JUDICIAL SYSTEM - to BECOME A "BURDEN ON SOCIETY"! WHO, therefore, is the REAL "MENACE TO SOCIETY"???
HANNAH cont.: In regard to the obstruction of justice, the two points, I think it's a close question, Mr. Petty and Mr. Smith. The gratuity pay could possibly be interpreted a number of ways. THE BENEFIT WILL GO TO THE DEFENDANT.
I THINK THE RETRIEVAL OF THE CASSETTE TAPE IS THE DEFENDANT'S BIGGEST PROBLEM. Although there's testimony by way of affidavit that he was retrieving it for his defense, it could easily be - - one could easily believe Ms. Kenner's argument that he wanted to retrieve a tape so damaging AS I REMEMBER THAT TAPE BEING, AS YOU AND OTHERS PLOTTED AND SCHEMED TO DIVERT YOUR ILL GOTTEN GAINS TO AVOID TAXES AND PERHAPS TRACEMENT. However, I'm going to give you the benefit of the doubt.
Third problem was the witness's recantation or you asking him to recant. I'm not sure what you asked him to recant. I think there was some question about whether or not you lied to the probation officer or didn't. I don't think that was raised early enough for us to consider, and I'm not going to consider it.
Therefore, I'm going to take off the two points that you were - - that was added in in calculating your sentence. THAT GETS US DOWN TO A TOTAL OFFENSE LEVEL OF 40, CRIMINAL HISTORY CATEGORY OF ONE. THE GUIDELINE PROVISION RANGE IS 292 TO 365 MONTHS.
So PURSUANT TO THE SNTENCING REFORM ACT OF 1984, (COMMENT: Now ruled ILLEGAL by the SUPREME COURT!), it's the judgment of the Court that you are hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of 180 months on each of counts one through 44, to be served concurrently, terms of 240 months on each of counts 45 through 75, to be served concurrently, and terms of 120 months on each of counts 76 through 98, to be served concurrently with each other but consecutive to the terms imposed on counts one through 75 to the extent necessary to produce a TOTAL TERM OF IMPRISONMENT OF 292 MONTHS.
In light of the guideline provision range, THAT IS 292 TO 365, I - - AND IN LIGHT OF YOUR AGE, I SENTENCE YOU AT THE LOW END OF THE GUIDELINE IMPRISONMENT RANGE. I THINK THAT SENTENCE will be enough to PROMOTE THE SENTENCING OBJECTIVES OF JUST PUNISHMENT, DETERRENCE, AND IN YOUR - - PARTICULARLY TO YOU, YOUR INCAPACITATION.
. . I HOPE THAT WE CAN GATHER A LOT OF THE MONEY UP. . . AS YOU PROBABLY ARE AWARE, IT'S PROBABLY GOING TO BE NICKELS ON THE DOLLAR.
. . I find that there is LOW risk or NO risk of future substance abuse by you and I suspend the ordinary requirement that you submit to mandatory drug testing.
That's the judgment and sentence of the Court, Mr. Petty. Do you have any questions of me?"
PETTY JR.: "WILL I HAVE AN OPPORTUNITY TO GET MY PERSONAL THINGS, LIKE MY PICTURES AND MY GUITAR AND STUFF LIKE THAT AND WITH SOMEFRIENDS?"
HANNAH: "NO, I'M GOING TO REMAND YOU INTO THE CUSTODY OF THE U.S. MARSHAL'S SERVICE FROM THIS COURTROOM.
Now, you have ten days from this date to appeal the judgment and sentence of the Court. Do you understand that?"
PETTY JR.: "Yes."
HANNAH: ". . What is your - - what is your ability to maintain counsel or employ counsel to appeal the judgment and sentence if you desire to do that?"
PETTY JR.: "Yes, I would like to have a court appointed appellate attorney, and I am - - I believe my attorney prepared a writ of pauperis. Is that what it's called?"
SMITH: "I've got a pauper's affidavit TO prepare, Your Honor, or to sign."
HANNAH: "All right. You'll be able to turn that argument or offer of evidence this morning, skipping over for a moment the objection for the two level addition in regard to obstruction of justice,
COMMENT: Note that ALL of these "enhancements that Judge HANNAH upheld have been ruled illegal, by the supreme court, BECAUSE none of these enhancements were presented to the Jury - A DIRECT VIOLATION of the 6th Amendment!
HANNAH cont.: Mr. Petty spoke of in his elocution concerning the Presentence Report, first of all, he questioned the amount of loss. Mr. Petty, that motion is overruled for the reasons stated in the Presentence Report. I ADOPT THE FACTS AND THE REASONING IN THE PRESENTENCE REPORT.
YOU ALSO CONTESTED THE FACT OR CONTESTED THE EVENT OF YOUR relocation, SAYING THAT YOUR RELOCATION WAS NOT TO MOVE TO ANOTHER JURISDICTION TO EVADE LAW ENFORCEMENT OR REGULATORY OFFICIALS. I DISAGREE WITH YOU ON THAT.
COMMENT: HE DID NOT ALLOW AL PETTY TO CONCLUDE HIS OBJECTIONS!
HANNAH cont.: Your objection's overruled, for the reasons that are stated in the Presentence Report, which I adopt as the correct law and the facts on this particular matter.
. . You contested the specific offense characteristics concerning the amount of people involved, that there where 50 or more victims, and you said there couldn't have been any victims because there - - couldn't have been 50 or more victims BECAUSE THERE WERE NO VICTIMS SINCE NO CRIME WAS COMMITTED. THAT OBJECTION IS OVERRULED.
Fourthly, I think you questioned the - - your role in the offense, both as an organizer and a leader and about whether or not the offense was extensive. Both of those objections are overruled for the reasons stated in the offense - - in the Presentence Report."
COMMENT BY AL PETTY TO THE TELECOM2000 BUSINESS OWNERS
At the risk of being redundant, virtually NONE of the charges for which I was sentenced were even presented to the jury. Note that JUDGE HANNAH repeatedly stated, "THOSE OBJECTIONS ARE OVERRULED FOR THE REASONS STATED IN THE PRESENTENCE REPORT". All of these charges were ADDED to the charges, for which I was actually on trial, 7 months AFTER my trial. ALL of these charges were made by the PROSECUTION - not to a jury - BUT to a "PROBATION OFFICER". The Probation officer NEVER questioned the Prosecution's unfounded accusations. He merely "rubber stamped" the charges of my ONLY ACCUSERS, the Prosecution! It became obvious during my attempts to present my objections to these charges at the hearing that the Judge did not even "begin to comprehend the issues", and that he certainly did not grasp the FACTUAL TRUTHS that I presented in my objections. YET, he - like the probation officer - merely rubber stamped the accusations of my ONLY ACCUSERS. The old adage, KANGAROO COURT, applies 100% to this process. ONLY the ACCUSER'S charges were actually considered, and the truth concerning my innocence was NEVER considered. The prosecution and probation officer worked on my "24 year sentence" charges for 7 months after the "trial by Jury". I was allowed a very few minutes of ONE DAY to reply to their 7 month conspiracy to put me away for life. And to add "insult to injury", my supposed defender, John R. Smith, refused to help me on 22 of my 23 objections, yet he took your $142,500, that you gave him in good faith to defend me! He failed miserably to defend me during the trial. In all reality, the BOTTOM LINE of any trial is, "HOW MUCH TIME DO I HAVE TO SERVE"? The amount of time in the sentence IS of more importance to the defendant than the actual trial! John R. Smith not only failed in the trial to defend me properly, but he REFUSED to even "go to the finish line" - where actual victory is determined by the objections to the penalty - with me.
In summary, the ENTIRE TRIAL, AS WELL AS THE 'SENTENCING' -'SO-CALLED' - 'HEARING' was NOTHING more than a successful conspiracy between JAMES HERSLEY, FBI; TRACI KENNER & GREGG MARCHESSAULT, U.S. Prosecutors; Prof. WILLIAM CUNNINGHAM & JUDGE HANNAH to PUT ME AWAY FOR LIFE at the expense of 3,000 TELECOM BUSINESS OWNERS and the Tax-Paying Citizens it IS SWORN TO PROTECT. WE MUST - WITH THE HELP OF ALMIGHTY GOD, OVERTURN THIS GROSS ABUSE OF POWER.
