MINUTES

IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

HON. MARK E. FULLER, PRESIDING AT MONTGOMERY, AL

DATE COMMENCED: 8/11/06 AT: 1:05 p.m. 

DATE COMPLETED: 8/11/06 AT: 3:28 p.m.

UNITED STATES OF AMERICA §

vs. § NO. 2:06MJ72-MEF/DRB

§

JOSHUA WAYNE HESTER §

______________________________________________________________________________

GOVERNMENT APPEARANCES: DEFENDANT

Karl David Cooke, Jr. Stephen R. Glassroth 

______________________________________________________________________________

COURT OFFICIALS PRESENT:

Josh Taylor, Law Clerk Kevin Poole, USPO

Kelli Gregg, Courtroom Clerk Tamara Martin, USPO

Jimmy Dickens, Court Reporter

______________________________________________________________________________

______________________________________________________________________________

COURTROOM PROCEEDINGS:

( X) Appeal Hearing Re: Magistrate Judge’s Release Order

1:05 p.m. - Court convenes.

Government calls their first witness Tamara Martin to testify.

Defense counsel begins cross-examination of witness Martin.

Government begins re-direct.

Defense counsel begins re-cross examination.

Government calls their next witness Johnny Russell to testify.

Defense counsel begins cross-examination of witness Russell.

Government begins re-direct.

Defense counsel begins re-cross examination.

Government calls their next witness Margaret Faulkner to testify.

Defense counsel begins cross-examination of witness Faulkner.

Government calls their next witness Kevin Poole to testify.

Defense counsel begins cross-examination of witness Poole.

Government calls their next witness Cassie Schuck to testify.

Defense counsel begins cross-examination of witness Schuck.

Defense counsel makes several proffers to the Court and asks that the

Court impose the same sanctions as previously imposed.

Case 2:06-mj-00072-DRB Document 18 Filed 08/11/2006 Page 1 of 2
Government responds to proffers and asks that the Court grant their appeal

and detain defendant pending trial.

Defense counsel responds to government’s arguments.

Court gives oath and swears Ms Chestnutt and Mr. Bullard in.

Court questions Ms. Chestnutt, defendant’s mother, and Mr. Bullard, a

resident with defendant.

Court finds that the government has proven that a condition exists and that

there is probable cause to believe you are the dft charged in this complaint. 

Court finds that there are no facts to make the Court doubt your ability to

appear in court as required. Court addresses the protection and safety of

the community and the Court does not find that there are conditions that

would assure dfts presence at any future hearing or that the safety of the

community could be assured. Court will continue dft under same amended

conditions of August 4, 2006 with added conditions that there be no

contact with Cassie Schuck or any members of her family. Dft will have

no direct unsupervised contact with any minor to include your niece,

nephew or acquaintance without adult supervision. Dft has no permission

to leave home except for work schedule and regularly scheduled religious

services. Also, dft is granted permission to meat with attorney as needed

and to be in state or federal court.

USPO asks that dft be evaluated by a psychologist.

Defense counsel asks that dft be evaluated by a psychiatrists.

Court will make the amendment in addition to Judge Boyd’s order.

3:28 p.m. - Court is in recess.

Case 2:06-mj-00072-DRB Document 18 Filed 08/11/2006 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

United States of America )

)

)

vs. ) NO. 2:06MJ72-MEF/DRB

)

) Appeal Hearing: 8/11/06

Joshua Wayne Hester Before: Honorable Mark E. Fuller

WITNESS LIST

GOVERNMENT DEFENDANT 

Tamara Martin

Johnny Russell

Margaret Faulkner

Kevin Poole

Cassie Schuck

Case 2:06-mj-00072-DRB Document 18-2 Filed 08/11/2006 Page 1 of 1
Case 2:06-mj-00072-DRB Document 18-3 Filed 08/11/2006 Page 1 of 1