26 1 AND MY ATTORNEYS CONTINUED TO TALK. AND WE NEVER RECEIVED A 3 IT WAS MAILED OR NOT, THOSE THINGS THAT ARE INCLUDED IN THE 4 LEGAL PAPERS. BUT THIS IS YEAR AFTER YEAR. THERE WAS NEVER A 5 DEFICIENCY NOTED. AND THERE WAS NO HIDING. 6 7 YOUR HONOR, I REALIZE I COULD HAVE BEEN MORE PRECISE AND MORE CAREFUL IN MY DEALINGS WITH THE COMMITTEE. MAYBE I 8 COULD HAVE PUSHED MORE FOR SOME KIND OF DOCUMENTATION. BUT - AND YOU HAVE TO BE THERE, SOMETIMES, TO UNDER SOMETIMES BECAUSE OF POLITICAL NUANCES THEY PREFER TO DEAL ON A PERSON-TO-PERSON BASIS AND NOT MAKE A RECORD. AND APPARENTLY THE SPOUSE DISCLOSURE PROBLEM WAS ONE OF THOSE ISSUES PROCLAMATION. WELL, THIS WHOLE PROBLEM OF NOT GETTING A BETTER PUBLIC RECORD HAS BEEN PAINFULLY BROUGHT OUT IN THE YEARS OF THE INVESTIGATION AND THE COURT ACTION. AND I DO DEEPLY REGRET THAT I DID NOT FORESEE THIS AND PROVIDE A CLEARER COURSE OF ACTION. YOUR HONOR, I DON'T KNOW WHAT MORE I CAN SAY TO TELL THE PROSECUTION THAT THERE IS REMORSE. THERE IS REMORSE, YOUR SORRY THAT SOMEHOW WE WERE NOT MORE CAREFUL IN WHAT WE DID. BUT I MUST LEAVE THIS WITH YOU, YOUR HONOR: THERE WAS NO HIDING. THANK YOU. THE COURT: ALL RIGHT. THE MOTION FOR REDUCTION OF 3 COURT AT THE TIME OF THE ORIGINAL SENTENCE TWO YEARS AND ONE DAY 4 AGO TODAY. OF COURSE, THE OTHER CONSIDERATIONS WERE IN EFFECT 5 TOO: REHABILITATION, PUNISHMENT, THE EXAMPLE. ANOTHER INTER 6 7 8 9 10 11 12 13 14 15 ALIA CONSIDERATION, NOT THE EXCLUSIVE CONSIDERATION, WAS, OF COURSE, MR. HANSEN'S PRIOR RECORD FOR FAILURE TO FILE REPORTS OF NEED RETELLING. MR. LEWIN REFERS TO THE APPEARANCE OF EVENHANDEDNESS. WE HAVE BEFORE US AN INDIVIDUAL, A DEFENDANT WHO HAS BEEN CONVICTED BY A JURY AFTER FULL AND FAIR AND A FIRM TRIAL OF FOUR SEPARATE COUNTS INVOLVING FOUR SEPARATE YEARS OF DERELICTION. THE FINES THAT THE COURT IMPOSED GO ONE FINE TO EACH OF THOSE YEARS. THE COURT AT THE TIME THAT IT GAVE ITS ORIGINAL 16 17 18 19 20 21 22 23 24 CAMPBELL THIS FRIDAY PAST. THE COURT HAS HEARD THE ARGUMENT OF SENTENCE CONSIDERED ALL OF THE FACTORS THAT WERE PRESENTED TO 28 MR. HANSEN, WILL YOU COME BEFORE THE LECTERN, PLEASE, FOR THE IMPOSITION OF SENTENCE. ACCOMPANIED, IF YOU WISH, BY YOUR COUNSEL. SAID, THIS IS AN APPROPRIATE CASE, MR. HANSEN, AS I HAVE IN WHICH TO AFFIRM THE ORIGINAL SENTENCE, AND THERE IS NO 5 TO 15 MONTHS ON EACH COUNT AND A FINE OF $10,000 ON EACH THE YOU ARE TO REPORT THIS THURSDAY, THE 19TH OF JUNE, FOLLOWING THIS HEARING TODAY TO WORK OUT ALL THE DETAILS AND SURRENDER IS AN APPROPRIATE SURRENDER IN THIS CASE. APPEAL. IT IS MY DUTY TO TELL YOU THAT YOU HAVE A RIGHT TO THAT APPEAL MUST BE POSTED WITHIN TEN DAYS FROM THIS DATE, AS I'M CONFIDENT YOUR COUNSEL WELL KNOWS, OR YOU WILL FOREVER FOREGO YOUR RIGHT TO APPEAL. 3 29 MR. LEWIN: MIGHT WE AT THIS TIME FILE WITH THE CLERK A LAST WEEK. WE, OF COURSE, HAVE NOT 14 15 TODAY'S RULING REGARDING THE REDUCTION OF SENTENCE, BUT WE WILL 16 TAKE INTO ACCOUNT YOUR HONOR'S STATEMENT AND DETERMINE WHETHER TO FILE A SEPARATE NOTICE OF APPEAL FROM THOSE. THE COURT: MAY I SUGGEST THAT IF YOU DO SO DECIDE TO DO, MR. LEWIN, THAT IT BE DONE PROMPTLY SO THAT ALL OF THE MATTERS COULD BE CONSIDERED TOGETHER MR. LEWIN: DEFINITELY, YOUR HONOR. MR. LEWIN: WHICH IS A NOTICE OF APPEAL FROM THE RULING DENYING THE DEFENDANT'S MOTION FOR A NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE AND THE MOTION FOR NEW DISCOVERY CONCERNING SELECTIVE PROSECUTION. THAT WAS FOR THE MOTIONS THAT YOUR HONOR RULED UPON SINCE WE DID NOT KNOW ABOUT THE RULING TODAY, DID NOT FILE A NOTICE OF APPEAL FROM HONOR WAS GOING TO SET A DATE IN TERMS OF SURRENDER, WE HAVE PREPARED A MOTION FOR A STAY OF THE EXECUTION OF THE SENTENCE 30 1 2 PENDING THE APPEAL FROM THE DENIAL OF THE MOTIONS FOR A NEW 3 5 6 7 8 9 10 AS YOUR HONOR IS AWARE, YOUR HONOR 'S OPINION OF 29 CONSTITUTION. AS I UNDERSTAND YOUR HONOR'S OPINION, IT ESSENTIALLY SAYS THAT AS TO THOSE MATTERS WHICH WE HAVE RAISED AND THAT WERE AVAILABLE TO US, ONLY, WE SAY, AFTER THE TRIAL IN THIS CASE, THAT THOSE WERE AVAILABLE TO MR. HANSEN AND THAT HE 12 COULD HAVE OBTAINED THEM DURING THE TRIAL AND THAT, CONSE 11 23 13 14 15 16 17 18 19 20 21 QUENTLY, THEY ARE NOT NEWLY DISCOVERED EVIDENCE. OUR VIEW HAS BEEN, AND YOUR HONOR IS AWARE, THAT AT THE TIME OF THE TRIAL A MOTION BASED ON SPEECH AND DEBATE WAS MADE BY THE CLERK OF THE HOUSE. WE DID NOT TAKE A POSITION ONE WAY FACT THESE MATTERS WERE BEING BROUGHT OUT BY THE GOVERNMENT. 22 WAIVE MATTERS PERTAINING TO THE SPEECH AND DEBATE PRIVILEGE. 23 AND THAT ISSUE HAS BEEN RAISED BY YOUR HONOR'S RULING ON THE 24 MOTION FOR A NEW TRIAL. IT'S A SUBSTANTIAL LEGAL QUESTION. I 2 223 25 THINK THE FACTUAL ISSUES THEMSELVES WOULD WARRANT AN APPEAL. |