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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

THE UNITED STATES OF AMERICA, ) 

 ) No. CR 06-157 MJP 

 Plaintiff, ) 

 ) 

 vs. ) 

 ) 

HENRY ROSENEAU, ) 

 ) 

 Defendant. ) 

______________________________) 

VERBATIM TRANSCRIPT OF PROCEEDINGS 

OF 

RECORDED TELEPHONE CONVERSATIONS FROM FDC SEA-TAC 

4/22/2012, 4/26/2012, 4/28/2012 & 5/2/2012 

(4/22/2012 has been corrected to properly identify the speakers. 

They were reversed) 

Transcribed from electronic sound recording 

Transcript produced by transcription service 

Transcribed at the Request of the US Attorney's Office 

Requested by Katie McElroy 

Transcribed by Brian Killgore 

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 (Proceedings of 4/22/2012) 

 (Start of telephone call #1 @ 8:39 to Paddy Roberts) 

 (Sound of telephone ringing) 

 UNIDENTIFIED WOMAN: Hello? 

 DEFENDANT ROSENAU: Oh, hi, is Paddy in? 

 UNIDENTIFIED WOMAN: Yeah, can you hold on for a 

second? 

 Can I ask who is calling? 

 DEFENDANT ROSENAU: Henry. 

 UNIDENTIFIED WOMAN: Henry? 

 DEFENDANT ROSENAU: Henry. 

 UNIDENTIFIED WOMAN: Okay, hang on. 

 (Brief pause in proceedings) 

 MR. ROBERTS: Hello? 

 DEFENDANT ROSENEAU: Oh, hello. 

 MR. ROBERTS: How is she going? 

 MR. ROSENEAU: Oh, good. 

 Hey, they have recorded every single conversation 

and -- 

 MR. ROBERTS: Yeah, so? 

 DEFENDANT ROSENEAU: Anyways, I don't know -- I 

got a message but nobody really said what anything was 

about. It just said that you might be able to help me with 

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something. 

 MR. ROBERTS: Yeah, I have to file a document in 

court tomorrow. 

 DEFENDANT ROSENEAU: Well, anything legal is 

totally legal. 

 MR. ROBERTS: It is perfectly legal, yeah. 

 DEFENDANT ROSENEAU: Because this has come up in 

court here about this ironclad thing that has been done 

against what's his face? 

 It is totally legal, and it has come up in court 

several times. 

 MR. ROBERTS: It is perfectly legal. 

 DEFENDANT ROSENEAU: Okay. 

 And I guess you know there is a video (phonetic) next 

Thursday? 

 MR. ROBERTS: Yes. Yeah. 

 DEFENDANT ROSENEAU: You know about that? Okay. 

 MR. ROBERTS: Well, I am going to stay away from 

that, so -- 

 DEFENDANT ROSENEAU: Okay. 

 MR. ROBERTS: Yeah, I just need to be able to 

attach your signature to this thing. 

 DEFENDANT ROSENEAU: Oh, well, you have signing 

authority. 

 MR. ROBERTS: Hey? 

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 DEFENDANT ROSENEAU: You have signing authority 

and if it is totally legal, yeah. 

 MR. ROBERTS: Yeah, it is, yeah, perfectly legal. 

 DEFENDANT ROSENEAU: Okay. Uhm -- Yeah 

 MR. ROBERTS: And I talked to Gary about it, as 

well. 

 DEFENDANT ROSENEAU: Okay. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENEAU: Yeah, I would like to have 

called you more, but I just can't, and -- because I -- but 

anyways, I am here now. 

 MR. ROBERTS: I would think this will make quite a 

difference. 

 DEFENDANT ROSENEAU: Oh, okay. 

 Well I am -- yeah. Well, that's good, because boy, 

they are just going -- they are just doing everything in 

their power here. 

 MR. ROBERTS: Is anything going good? 

 DEFENDANT ROSENEAU: I don't know. I guess so. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENEAU: They still didn't have 

Karcher (phonetic) -- they still didn't have the go-ahead on 

him yet, but I don't know, that was Friday -- 

 MR. ROBERTS: Well, they are not going to, because 

this paper is going to involve him. 

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 DEFENDANT ROSENEAU: Oh. 

 MR. ROBERTS: Yeah. 

 And this other guy can't legally appear at this 

hearing, because the hearing is in the United States. 

 The courtroom is temporarily deemed to be in the United 

States, even though it is in Canada. 

 DEFENDANT ROSENEAU: I know, that was brought up 

here, but the judge just kind of ignored it. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENEAU: But anyways -- yeah. 

 MR. ROBERTS: Yeah. 

 Okay, no, I didn't want to -- I know I had authority in 

the other case with Welpley, but this is a different thing. 

 DEFENDANT ROSENEAU: Okay, well that's good. 

 MR. ROBERTS: So I am not signing on your behalf. 

I have got that scanned signature. I am going to put it on. 

 DEFENDANT ROSENEAU: Oh. Okay. 

 MR. ROBERTS: Okay. 

 DEFENDANT ROSENEAU: Yeah. 

 MR. ROBERTS: Well you sound good, anyways. 

 DEFENDANT ROSENEAU: Jury selection here come 

Monday. 

 MR. ROBERTS: Yeah. 

 Okay, well, I think that will work out fine, so. 

 DEFENDANT ROSENEAU: I don't know if they have got 

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anything or not. I think they are -- I think that -- 

 MR. ROBERTS: Well, you know, you have to remember 

that Welpley isn't going there voluntarily. 

 DEFENDANT ROSENEAU: Well I think they must be 

dragging him down there. 

 MR. ROBERTS: Well, he is. They have got an order 

that he has to go. 

 DEFENDANT ROSENEAU: But we have a court order -- 

anyways, yeah, okay. 

 MR. ROBERTS: Yeah. Yep. 

 Well if Craig is wise -- 

 DEFENDANT ROSENEAU: Oh, yeah, he -- 

 MR. ROBERTS: -- he will bring it up in front of 

the Court, that the courtroom is being used for a purpose 

that is forbidden by that very court. 

 DEFENDANT ROSENEAU: Yeah. 

 Yeah. No, he knows all about that. 

 MR. ROBERTS: All right. 

 Okay, sounds good. I wish I could go down there, but 

it is best if I don't. 

 DEFENDANT ROSENEAU: Oh, I wouldn't come near the 

place. 

 MR. ROBERTS: Yeah, no, I am not, no. 

 DEFENDANT ROSENEAU: (Laughter). 

 MR. ROBERTS: Okay, well, you sound great. 

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 DEFENDANT ROSENEAU: Well, they would have put me 

away for life here, and that is not a very nice feeling. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENEAU: They haven't offered me 

anything that is decent at all. 

 MR. ROBERTS: Oh, yeah. 

 No, don't worry. This thing here is going to make a 

difference in the long run, so -- 

 DEFENDANT ROSENEAY: Okay. 

 MR. ROBERTS: -- and in the short run, too. 

 DEFENDANT ROSENEAU: Okay. 

 MR. ROBERTS: Because your woman there, that 

fucking lying -- 

 ELECTRONIC VOICE: This call is from a prison. 

 DEFENDANT ROSENEAU: My what? 

 MR. ROBERTS: That woman will -- that woman 

will -- she will be served with it on Wednesday or Thursday 

when Judy gets down. 

 DEFENDANT ROSENEAU: Oh. 

 Oh, okay, well as long as -- as long as you have got -- 

because I haven't heard nothing about it. As long as -- 

 MR. ROBERTS: Yeah. 

 Okay. 

 DEFENDANT ROSENEAU: Yeah. Well, she will be here 

Thursday. 

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 MR. ROBERTS: Yes, she will, yeah. 

 DEFENDANT ROSENEAU: But Craig won't be here. 

 MR. ROBERTS: No, I know. That's fine. 

 DEFENDANT ROSENEAU: Yeah. 

 MR. ROBERTS: Well neither will she, because your 

woman is going to be up here. 

 DEFENDANT ROSENEAU: Oh. 

 MR. ROBERTS: Yeah, they are at the hearing up 

here, eh? 

 DEFENDANT ROSENEAU: Who is? 

 MR. ROBERTS: Both lawyers. 

 DEFENDANT ROSENEAU: Oh, up in Canada? 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENEAU: Oh, yeah. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENEAU: Well, as long as you got -- 

as long as you know -- as long as you get cooperation there, 

yeah. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENEAU: Okay. 

 Okay, well I have already -- 

 MR. ROBERTS: And Karcher will be served on 

Tuesday. 

 DEFENDANT ROSENEAU: Okay. 

 MR. ROBERTS: Okay. 

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 DEFENDANT ROSENEAU: Okay, well nice talking to 

you, man. 

 MR. ROBERTS: Nice talking to you, honey. 

 DEFENDANT ROSENEAU: And I sure hope to see you 

again someday. 

 MR. ROBERTS: You will, yeah. Okay. 

 DEFENDANT ROSENEAU: Say hi to your Mrs. I did 

say hi, but not -- she didn't know who it was. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENEAU: Nice talking to you. 

 MR. ROBERTS: Okay. Bye. 

 DEFENDANT ROSENEAU: Bye. 

 (End of telephone call #1) 

 (Start of telephone call #2 @ 12:27 placed to Jaclyn Gagnon) 

 (Sound of telephone ringing) 

 MS. GAGNON: Hello? 

 DEFENDANT ROSENAU: Oh, hi -- hi, hi, hi. 

 MS. GAGNON: Oh, hi. 

 DEFENDANT ROSENAU: Yeah. 

 What's he want to do? You don't have to -- 

 MS. GAGNON: Oh, I shouldn't say it over here. I 

thought you talked to him last night? 

 DEFENDANT ROSENAU: Well, I did, but you know, it 

is all -- if it is legal, it's no -- I guess they pretty 

much what to charge him with something, or do something? Is 

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that what he wants to do? 

 MS. GAGNON: Not him. 

 DEFENDANT ROSENAU: No, I know, it is somebody 

else, yeah. 

 MS. GAGNON: Somebody else. 

 DEFENDANT ROSENAU: Yeah. 

 MS. GAGNON: Sue. 

 DEFENDANT ROSENAU: Yeah? 

 MS. GAGNON: Wants to sue. 

 DEFENDANT ROSENAU: Yeah. Well, what is wrong 

with that? 

 MS. GAGNON: It's a really bad time. It will stop 

your trial. 

 DEFENDANT ROSENAU: No, it won't. 

 MS. GAGNON: It sure will. 

 DEFENDANT ROSENAU: No, it won't. No, it won't. 

It has got nothing to do with it. 

 MS. GAGNON: It does. 

 DEFENDANT ROSENAU: It won't -- No, I don't even 

know if he has got permission to come down here, anyway. 

 MS. GAGNON: That has nothing to do with him, what 

Paddy is trying to do. Paddy is -- that is not what he is 

trying to do. He is not trying to sue him. 

 DEFENDANT ROSENAU: Oh, well the whole outfit? 

What is wrong with that? 

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 MS. GAGNON: Because then -- 

 DEFENDANT ROSENAU: No, it doesn't make any 

difference. 

 MS. GAGNON: Then you will need then -- 

 DEFENDANT ROSENAU: No, it doesn't. It won't make 

no difference. 

 MS. GAGNON: Anyway, Gary Bodding (phonetic) did 

not give the okay to do all of that. 

 DEFENDANT ROSENAU: Oh, did you talk to him? 

 MS. GAGNON: No, but when Paddy first phoned me, 

he said that "Gary doesn't want me to go after everyone, but 

I think we should." That is exactly what Paddy told me. 

And then -- 

 DEFENDANT ROSENAU: Why shouldn't we sue them, 

they did me wrong? 

 MS. GAGNON: I know they did, but now is not the 

time, because your trial will stall. 

 DEFENDANT ROSENAU: You know what? 

 MS. GAGNON: What? 

 DEFENDANT ROSENAU: If they win, I will be gone 

for 20 years. 

 MS. GAGNON: Yeah, I know, but don't you think I 

should talk to Craig about this? Or you should talk to 

Craig about -- 

 DEFENDANT ROSENAU: He can't get involved with 

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anything in Canada. Because -- 

 MS. GAGNON: No? 

 DEFENDANT ROSENAU: No, he can't, because he is 

not allowed to. 

 MS. GAGNON: Well I wish Gary was available, but 

apparently he is in the Canary Islands or something -- 

because Gary didn't think what Paddy was -- yeah. 

 DEFENDANT ROSENAU: Everything Paddy has done so 

far has worked. 

 MS. GAGNON: Well, I don't know about that. 

 DEFENDANT ROSENAU: Yeah. 

 MS. GAGNON: You got locked up in there a week 

early because of what Paddy did. 

 DEFENDANT ROSENAU: Well, yeah -- 

 MS. GAGNON: And it didn't help any. All it did 

was alert everybody to other things. 

 So I don't know. I don't think that now is the right 

time, but -- 

 DEFENDANT ROSENAU: Well, if I lose this, you will 

never see me again. 

 MS. GAGNON: Yes, but I don't think -- it will 

stall your trial. 

 DEFENDANT ROSENAU: No, it won't. It won't stall 

my trial. It will not. 

 MS. GAGNON: Hmmm. I don't know. Paddy -- you 

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know, I asked Paddy if he thought that, you know, it 

would -- they wouldn't be able to proceed on Monday if he 

did this, and he said he wasn't sure. He didn't think so, 

but he wasn't sure. 

 DEFENDANT ROSENAU: No, they probably won't. They 

will have to let me go. 

 MS. GAGNON: They won't let you go. 

 DEFENDANT ROSENAU: They have to let me go if they 

can't proceed. 

 MS. GAGNON: No, they will just get somebody else 

to. 

 DEFENDANT ROSENAU: Well, there is nobody else. 

 MS. GAGNON: No, I don't mean to testify -- no, 

no, no, I am not -- no. No, I know there is nobody else to 

do that. I realize that. 

 If you really think that that is -- did you give him 

the okay or? 

 DEFENDANT ROSENAU: Well, yeah, but I think -- 

don't you got to do the filing -- 

 ELECTRONIC VOICE: This call is from a federal 

prison. 

 DEFENDANT ROSENAU: Don't you have to file it on 

the way down for him? 

 MS. GAGNON: I don't know. All he wanted me to do 

was give him the 200 bucks so he could file it. I thought 

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that's what -- 

 DEFENDANT ROSENAU: Oh, yeah. 

 MS. GAGNON: I -- 

 DEFENDANT ROSENAU: No, he probably wants you guys 

to file it on the way down. 

 MS. GAGNON: Yeah. No, I hadn't -- I hadn't 

gotten a yes or a no from you, so I just told Paddy that you 

didn't mention it, which you hadn't at that point, so -- so 

if you gave him -- if you told -- 

 DEFENDANT ROSENAU: Well, in court the other day 

they were talking about legal stuff, and I have every right 

to do anything legal, like that's not a -- that is not a 

problem. They were talking about legal stuff, and it is not 

a problem for me to do anything that I can do legally. It 

is not a problem. 

 MS. GAGNON: I know, but the reason they are so 

pissed off at you is because you fought -- 

 DEFENDANT ROSENAU: Who is pissed off? 

 MS. GAGNON: Well, the -- no, no, no, the 

prosecution. 

 The reason everybody thinks you are so guilty is 

because you fought the extradition, which you were totally 

within your rights to do, but they still view that as, "Oh, 

gee, he must be guilty if he fought this. That is just how 

they are looking at it. 

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 DEFENDANT ROSENAU: You have no idea what they 

think down here. 

 MS. GAGNON: Well -- 

 DEFENDANT ROSENAU: Their whole thing is just a 

big game to them. 

 MS. GAGNON: No, I know. 

 DEFENDANT ROSENAU: It is just a big game to them. 

It has got nothing to do with that. 

 MS. GAGNON: Yeah. 

 DEFENDANT ROSENAU: If they don't have the tools 

to work with, they can't proceed. It is that simple. 

 MS. GAGNON: No, I know. 

 So what -- 

 DEFENDANT ROSENAU: So you take the tools away 

that they have to work with. 

 MS. GAGNON: Okay, well if you think that is what 

we should do, but what do we have to do? Where do we have 

to file it? What do you mean, like? 

 DEFENDANT ROSENAU: Well, he will tell you. 

 MS. GAGNON: Oh, okay. 

 DEFENDANT ROSENAU: You have to do it on your way 

down. 

 MS. GAGNON: Okay. 

 Okay, well, we will do that, then, if that is what you 

figure. 

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 DEFENDANT ROSENAU: Well, yeah, because look what 

they have done to me? 

 MS. GAGNON: No, I know. They shouldn't have been 

able to go this far, but -- 

 DEFENDANT ROSENAU: Well they did it. I mean they 

did it up there. It has all been done up there. 

 MS. GAGNON: Hmmm. 

 DEFENDANT ROSENAU: Yes. That is why I am here is 

because some shit that was done there. 

 MS. GAGNON: No, I know. 

 DEFENDANT ROSENAU: And that's where the problem 

is. 

 MS. GAGNON: But he is not just going after -- 

 DEFENDANT ROSENAU: I know. It doesn't matter. 

You can go after the whole damned bunch of them. 

 MS. GAGNON: Yeah. 

 DEFENDANT ROSENAU: And don't worry about making 

anybody upset, because they don't care about stuff like 

that. All they want to do is fill their jails down here. 

 MS. GAGNON: Yeah. No, I agree with that. 

 DEFENDANT ROSENAU: Oh, no, you wouldn't believe 

it. 

 MS. GAGNON: Yeah, I do not -- not half the people 

that you are stuck in there with have done anything wrong. 

 DEFENDANT ROSENAU: I have no idea about that. 

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 MS. GAGNON: No, but my personal opinion. 

 DEFENDANT ROSENAU: No, I am in a battle here, and 

we have got to fight it, and hardly anybody wins, and I 

would like to win. 

 MS. GAGNON: Yeah. 

 DEFENDANT ROSENAU: Yeah. And I would do it -- 

what he wants -- and when you get there and they say, "Oh, 

well, you can't file it because the paperwork isn't right," 

you just tell them to file it. Get his cell number so you 

can phone him, because you make sure -- because -- yeah, 

yeah. 

 MS. GAGNON: Okay. 

 DEFENDANT ROSENAU: That other stuff he did was 

100 percent. 

 MS. GAGNON: Okay. I just didn't like that he had 

said that Gary didn't want him to do everything all at once. 

 DEFENDANT ROSENAU: Well -- 

 MS. GAGNON: But he did it anyway. 

 DEFENDANT ROSENAU: Yeah. Well, that's fine. 

 MS. GAGNON: Okay. All righty. 

 DEFENDANT ROSENAU: I won't be able to talk to you 

much. I don't have many minutes left. I have used them all 

up trying to phone Paddy and -- 

 MS. GAGNON: Okay, well I will do what you want. 

 DEFENDANT ROSENAU: Yeah. 

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 MS. GAGNON: And boy do I hope it is the right 

thing. 

 DEFENDANT ROSENAU: Well, I don't mind if you 

phone whoever you mentioned and talk to him about it, but 

you have got to realize, you can't get involved, but you go 

ahead and phone if you want. You know, you can talk about 

whatever. Okay? 

 MS. GAGNON: Okay, well I know he is really busy. 

He said he was -- 

 DEFENDANT ROSENAU: Well, I know, but it is 

important. Okay? 

 MS. GAGNON: Yeah, okay. Well, I will just phone 

Paddy and talk to him, I guess. 

 DEFENDANT ROSENAU: Okay. 

 Love you very much. 

 MS. GAGNON: Love you, too. 

 All right, don't worry too much, then. 

 DEFENDANT ROSENAU: Well, I know. 

 MS. GAGNON: I know. Okay, love you. 

 (End of telephone call #2) 

 (Start of telephone call #3 to Paddy Roberts @ 19:46) 

 (Sound of telephone ringing) 

 UNIDENTIFIED WOMAN: Hello? 

 DEFENDANT ROSENAU: Oh, hi, is Paddy in? 

 UNIDENTIFIED WOMAN: Hello? 

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 DEFENDANT ROSENAU: Hi. Hi, is Paddy in? 

 UNIDENTIFIED WOMAN: Yes, just a second, I will 

get him for you. 

 DEFENDANT ROSENAU: Thank you. 

 UNIDENTIFIED WOMAN: Hang on. I just have to say 

goodbye to someone on the other line. 

 DEFENDANT ROSENAU: Oh, I have only got five and I 

am done, okay? 

 UNIDENTIFIED WOMAN: Okay, hang on. 

 (Brief pause) 

 UNIDENTIFIED WOMAN: I will get him for you. 

 MR. ROBERTS: Hello? 

 DEFENDANT ROSENAU: Oh, hi. 

 MR. ROBERTS: Hi. 

 DEFENDANT ROSENAU: I have only got about four 

minutes and I am out of time for the month. 

 MR. ROBERTS: Okay. 

 DEFENDANT ROSENAU: But anyways, this is -- 

whatever is going on is going to be good, is it? I don't 

know. 

 MR. ROBERTS: Well, the main thing is we don't 

want to do any harm, so -- 

 DEFENDANT ROSENAU: Yeah. We don't think so. 

Gary doesn't think that it will. 

 DEFENDANT ROSENAU: Okay. 

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 MR. ROBERTS: Basically -- well, I won't tell you 

what it is, because they are listening, so -- 

 DEFENDANT ROSENAU: Yeah. 

 MR. ROBERTS: But you can imagine what it is, so. 

 DEFENDANT ROSENAU: Oh, yeah, okay. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENAU: Yeah. 

 Well, yeah, because gee, they haven't been playing fair 

at all of up there, have they? 

 MR. ROBERTS: Well, we don't know -- see, the 

trouble with Craig and all of this trouble and this 

animosity and everything is nobody knows what is going on. 

 DEFENDANT ROSENAU: Yeah, you can't talk about 

Craig, either, because he is not allowed to have any -- any 

influence in what goes on in Canada, either, you know? 

 MR. ROBERTS: Well, yeah, he doesn't, though. 

 DEFENDANT ROSENAU: No, I know. Yeah. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENAU: So what are they going -- like 

I don't know how they even get away with this video. It is 

unconstitutional, but they are -- 

 MR. ROBERTS: Get away with what? 

 DEFENDANT ROSENAU: Video in Canada is 

unconstitutional down here. 

 MR. ROBERTS: Is it? 

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 DEFENDANT ROSENAU: Oh, yeah, it is against the 

law. It has got Supreme Court written all over it. 

 MR. ROBERTS: Really? 

 DEFENDANT ROSENAU: Yeah. 

 MR. ROBERTS: Wow. 

 DEFENDANT ROSENAU: Yeah, it does. 

 MR. ROBERTS: Wow. 

 What do you hear about Karcher? 

 DEFENDANT ROSENAU: The last thing I heard on 

Friday there at five o'clock, we were supposed to -- she was 

supposed to know whether he was coming, and she said it was 

in some kind of a sealed deal, and she didn't know if he was 

coming or not, because Craig asked if he would come and -- 

 MR. ROBERTS: Um-hum. 

 What else was Friday about? 

 DEFENDANT ROSENAU: Well, getting ready for jury, 

and everything, and they said they don't really have any 

evidence, just pictures of evidence, so far. So -- 

 MR. ROBERTS: They don't have any evidence, just 

pictures? 

 DEFENDANT ROSENAU: Yeah. 

 MR. ROBERTS: Really? 

 DEFENDANT ROSENAU: Just pictures, yeah. Well, I 

mean like, you know, of all that shit they took out of the 

helicopter, you know? 

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 MR. ROBERTS: You see, what -- these documents we 

are filing, I am going to send them down with Judy and 

Jackie. 

 DEFENDANT ROSENAU: Yeah, but they're not going to 

[UNINTELLIGIBLE]. 

 MR. ROBERTS: No, they are going to Seattle. 

 DEFENDANT ROSENAU: Yeah. 

 MR. ROBERTS: So even though I am going to serve 

the RCMP guy, Karcher -- 

 DEFENDANT ROSENAU: Yeah? 

 MR. ROBERTS: -- on Tuesday, I am not going to 

serve Susan Roe. 

 DEFENDANT ROSENAU: Okay. 

 MR. ROBERTS: Until maybe Craig has a look at it. 

 DEFENDANT ROSENAU: Okay. 

 MR. ROBERTS: The difficulty with that is if Craig 

is playing for the other side, then he is going to say, "Oh, 

no, no, no, don't serve that, don't serve that. 

 ELECTRONIC VOICE: This call is from a federal 

prison. 

 DEFENDANT ROSENAU: Yeah, if I get cut off, it is 

because I can't help it. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENAU: Okay. 

 I think I might play it that way, because she will 

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know -- on the other hand, I might have her served in 

Kelowna. 

 DEFENDANT ROSENAU: Yeah. Well, she is going to 

know now anyway. 

 MR. ROBERTS: Well, it is nothing -- I mean there 

is nothing wrong with it. 

 DEFENDANT ROSENAU: Yeah. 

 MR. ROBERTS: What did they say about the order 

against Welpley? Did the judge rule that was a legal order? 

 DEFENDANT ROSENAU: Oh, it is totally legal. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENAU: The only thing is it said -- 

it never said that he wasn't allowed to testify in Canada, 

so that is why they let him do it there. But if it would 

have said he wasn't allowed to testify in Canada, they 

wouldn't even be doing that. 

 MR. ROBERTS: No, but the law is that he is 

testifying in the United States. 

 DEFENDANT ROSENAU: No, he is not allowed to, no. 

They know that is illegal. He can't come here. 

 MR. ROBERTS: Yeah, but the thing is, the act -- 

the act which puts that into place says that -- 

 DEFENDANT ROSENAU: Oh, yeah, yeah, yeah. Oh, 

yeah, well that's because he is going into an American 

courtroom. Yeah, he's -- 

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 MR. ROBERTS: Even though he is in Canada, he is 

in an American courtroom. 

 DEFENDANT ROSENAU: No, he can't do that, either. 

 They talked about that, but the judge kind of just 

didn't say much. 

 That was -- all that was brought up. 

 MR. ROBERTS: Yeah. 

 (Beep sound) 

 DEFENDANT ROSENAU: Oh, they are going to cut me 

off. 

 MR. ROBERTS: Okay. 

 DEFENDANT ROSENAU: Anyways, but -- yeah. 

 MR. ROBERTS: Okay. I think it is going to work 

out fine. 

 DEFENDANT ROSENAU: Okay. 

 MR. ROBERTS: All right, Henry. 

 DEFENDANT ROSENAU: Okay. 

 MR. ROBERTS: All the best, bud. Bye. 

 (End of telephone call #3) 

 (End of calls for 4/22/2012 )

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 (Telephone call placed on 4/26/2012) 

 (Call placed to Paddy Roberts @ 17:46) 

 (Sound of telephone ringing) 

 MR. ROBERTS: Hello? 

 DEFENDANT ROSENAU: Oh, hi, how are you? Hi? 

 MR. ROBERTS: Hi. 

 DEFENDANT ROSENAU: El Ratto testified, did he? 

 MR. ROBERTS: I heard that. 

 DEFENDANT ROSENAU: I am thinking -- I guess -- I 

guess now that he has testified, we can -- we can go ahead 

with the lawsuit, then? 

 MR. ROBERTS: Yeah. Oh, yes -- yeah. 

 DEFENDANT ROSENAU: So -- 

 MR. ROBERTS: The other thing is, from what I 

understood, he never identified you in the courtroom. 

 DEFENDANT ROSENAU: Well yeah, no, he didn't. 

 MR. ROBERTS: Well that is the end of the case. 

 DEFENDANT ROSENAU: Well, he said he recognized my 

voice. 

 MR. ROBERTS: Your voice? When did you talk? 

 DEFENDANT ROSENAU: Oh, I guess I coughed or 

something, but anyway, he said, "I don't -- I don't 

recognize him, but I recognize his voice." 

 MR. ROBERTS: And what did Craig say about that? 

 DEFENDANT ROSENAU: I don't know. 

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 Anyways, this is all being recorded, anyway. 

 MR. ROBERTS: Yeah, that's fine, but -- I mean he 

has to say you are the person. 

 DEFENDANT ROSENAU: Yeah, well he didn't. 

 Anyways, I don't know what -- I guess -- I will just -- 

I will just split this down the middle with you, whatever we 

get -- off anybody. 

 MR. ROBERTS: Oh, well, no, no, I can't take 

anything out of that, because then I would be -- end up 

practicing law illegally. 

 DEFENDANT ROSENAU: Oh, I see. Okay. 

 MR. ROBERTS: Yeah. No, no, that is not -- and 

there was nothing said about Susan Roe's fault. 

 What were these documents that caused such a furor 

yesterday? 

 DEFENDANT ROSENAU: Well she got served -- she was 

going to be -- she got what she was going to be served. She 

wasn't served, but she got -- 

 MR. ROBERTS: Yeah, no, I didn't serve her. I 

wasn't going to serve her until after the case was over. 

 DEFENDANT ROSENAU: Yeah, well, she got -- she got 

information ahead of time that she was going to be served. 

 MR. ROBERTS: And what did she say, and did she 

say something in court, or? 

 DEFENDANT ROSENAU: Oh, yeah, she did. 

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 MR. ROBERTS: What did she say? 

 DEFENDANT ROSENAU: She tried to blame it on my 

lawyer, but my lawyer knows absolutely nothing about it. 

 MR. ROBERTS: And what did he say? 

 DEFENDANT ROSENAU: Well he said that he didn't 

know nothing about it. 

 MR. ROBERTS: Well, he didn't. 

 DEFENDANT ROSENAU: No, I know. 

 MR. ROBERTS: And what did the judge say? 

 DEFENDANT ROSENAU: Well it caused quite a 

commotion there for a while. The judge asked me if I was 

trying to stop the case, and I said, "No, no, I wasn't," and 

she also asked what I was going to sue Ms. Roe, and I said, 

"Well, yeah, I was planning to, but not for a couple of 

days," and she asked me if I was trying to stop the court 

case, and I said no, I wasn't. 

 MR. ROBERTS: Well she has no right to ask you 

that, the judge. 

 DEFENDANT ROSENAU: Well she didn't ask me under 

oath. 

 She was going to put me up under oath, and then Craig 

put a stop to it. 

 MR. ROBERTS: Was this in front of the jury, too? 

 DEFENDANT ROSENAU: No. No. No. 

 MR. ROBERTS: And did you see -- have you seen the 

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court case itself, the papers? 

 DEFENDANT ROSENAU: I managed to kind of read 

through them, but they rushed us so fast that it was hard, 

but yeah, it looked very impressive, and -- yeah. 

 MR. ROBERTS: Oh, so she's got [UNINTELLIGIBLE]? 

 DEFENDANT ROSENAU: Oh, yeah, and then everything 

he witnessed today, or not everything he has witnessed, but 

everything he said today had absolutely -- you know, she's 

probably worse off now than what she was. 

 MR. ROBERTS: Well the -- if he didn't say -- you 

know, you can talk about someone named Henry Rosenau and all 

of that -- 

 DEFENDANT ROSENAU: No, he didn't say anything. 

 MR. ROBERTS: -- but if he does not say "that 

person sitting in the courtroom next to that man is the 

person who brought me this marijuana," they can't convict 

you. 

 DEFENDANT ROSENAU: Oh, no, he never did say that. 

 MR. ROBERTS: Really? So he just talked about 

some guy who he thought his name was -- but I don't 

understand how he could know your voice? 

 DEFENDANT ROSENAU: Well I guess the -- I don't 

know. 

 MR. ROBERTS: Did Craig say anything about the 

voice identification? 

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 DEFENDANT ROSENAU: No. 

 It's not over yet, so I guess I probably shouldn't be 

talking about it, I guess, too much. 

 MR. ROBERTS: Oh, no, it is fine to talk about it. 

No, they can't convict you if he didn't identify you. 

 DEFENDANT ROSENAU: Well, he said he didn't 

recognize me. 

 But anyways, it is against the Constitution down here, 

the sixth amendment, to have video court, because you have a 

right to face your accuser. 

 MR. ROBERTS: Yes. 

 DEFENDANT ROSENAU: And that was protested like, 

oh, time and time -- 

 MR. ROBERTS: And what did this judge say about -- 

what did this judge say about that? 

 DEFENDANT ROSENAU: Well, she just kind of ignored 

it. She just kind of went ahead with it, anyway. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENAU: But it is grounds for appeal, 

but how long do I got to sit here? 

 MR. ROBERTS: And Craig and Susan Roe were both 

breaking the law in British Columbia, because they are not 

allowed to practice law in British Columbia. 

 DEFENDANT ROSENAU: Apparently there were locked 

doors. Nobody could get in. I guess once they were in, 

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they couldn't even get out. 

 MR. ROBERTS: Yeah. Yeah. Yeah, I know the 

Kelowna newspaper was trying to get in and they have got a 

copy of the lawsuit now. 

 DEFENDANT ROSENAU: Yeah, well, I guess we should 

be adding to it little more, I guess. 

 MR. ROBERTS: Yeah. Yeah. 

 Okay, so when is this all supposed to be over with? 

 DEFENDANT ROSENAU: Well, I don't know, I have got 

next week, Monday starting trial again, some more stuff. 

 MR. ROBERTS: Yeah? And is anybody testifying 

from your side? 

 DEFENDANT ROSENAU: No -- 

 MR. ROBERTS: No, you don't have to testify if he 

didn't identify you. 

 DEFENDANT ROSENAU: Oh, yeah, I don't know. 

 MR. ROBERTS: Yeah. 

 Okay, how did Craig's -- how did the lawyer that was in 

your courtroom think it went? 

 DEFENDANT ROSENAU: Oh, I don't know. I don't 

know. 

 MR. ROBERTS: They don't talk to you? 

 DEFENDANT ROSENAU: Oh, yeah, yeah, but I don't 

like to talk about it here on it anyway. 

 MR. ROBERTS: Right, okay. 

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 DEFENDANT ROSENAU: Yeah. Because this very 

conversation we are having right now could come out in court 

before the end of my court. 

 MR. ROBERTS: Right, okay. 

 ELECTRONIC VOICE: This call is from a federal 

prison. 

 DEFENDANT ROSENAU: They do this all the time 

here. 

 MR. ROBERTS: Okay. 

 Yes, some recording just came on, so -- 

 Okay, give me a call on Monday night, then. 

 DEFENDANT ROSENAU: They have recorded everything 

I have said -- 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENAU: -- since -- every e-mail, 

everything has been recorded. 

 MR. ROBERTS: Okay. 

 DEFENDANT ROSENAU: But anyways, no, I know they 

are breaking the law. It is -- 

 MR. ROBERTS: Craig never said anything about 

Susan Roe's false paperwork in Canada? 

 DEFENDANT ROSENAU: Well it is not over yet, 

though. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENAU: It is not over with yet. 

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 MR. ROBERTS: Okay. 

 DEFENDANT ROSENAU: You know, and -- 

 MR. ROBERTS: Call me on Monday night. 

 DEFENDANT ROSENAU: Yeah. 

 And Judy and Jaclyn are here? 

 MR. ROBERTS: Yeah, but no, I am talking to them 

all the time. 

 DEFENDANT ROSENAU: Oh, you got her cell number? 

 MR. ROBERTS: I have been in complete contact with 

them. 

 DEFENDANT ROSENAU: Yeah, well they know where I 

am. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENAU: I am at the spa. 

 MR. ROBERTS: Okay. 

 DEFENDANT ROSENAU: Okay, well thanks, man. 

 MR. ROBERTS: All right. 

 (End of telephone call #4) 

 (End of calls for 4/26/2012) 

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 (Telephone call placed on 4/28/2012) 

 (Call placed to Paddy Roberts. Two excerpts from call only, 

0:35 to 0:57, and 1:00 to 1:55) 

 DEFENDANT ROSENAU: Yeah, I suppose they -- yeah, 

well, you have that luxury. 

 MR. ROBERTS: Yeah. 

 DEFENDANT ROSENAU: Okay, so yeah, I don't know, I 

haven't -- I just wanted to know everything okay? 

Everything is okay? Everybody been served? 

 MR. ROBERTS: Well, Catcher wasn't there -- yeah, 

no, just a second. 

 (Mr. Roberts speaks someone sitting next to him) 

 MR. ROBERTS: Catcher I can't serve until Monday. 

 DEFENDANT ROSENAU: Oh, yeah. 

 MR. ROBERTS: And Susan Roe, I think now that your 

daughter, what is her name? Jackie is not going to be 

testifying? 

 DEFENDANT ROSENAU: Yeah? 

 MR. ROBERTS: I guess I am going to get her to 

serve Susan Roe, probably on Monday, as well. 

 DEFENDANT ROSENAU: Oh, okay. 

 MR. ROBERTS: I wasn't going to serve -- anyways, 

yeah, I wasn't going to serve Susan Roe until after this was 

over? 

 DEFENDANT ROSENAU: Yeah? 

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 MR. ROBERTS: But -- 

 DEFENDANT ROSENAU: Well, she has already made a 

big stink about it, anyways. 

 MR. ROBERTS: Well, down there she is a 

prosecutor; up here she is a criminal. 

 DEFENDANT ROSENAU: Yeah. 

 MR. ROBERTS: You know? That is really what the 

truth of it is. She is someone who has obstructed our 

courts. 

 DEFENDANT ROSENAU: Yeah. 

 MR. ROBERTS: And you know, I mean to see, as a 

Canadian, that she comes to justice in Canada. 

 DEFENDANT ROSENAU: Um-hum. 

 (End of requested excerpt) 

 (End of calls for 4/28/2012)

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 (Telephone call placed on 5/2/2012 @ 18:46) 

 (Call to Jaclyn Gagnon. One excerpt only, 4:30 

through 5:50) 

 DEFENDANT ROSENAU: Oh, yeah. He never phoned the 

loose cannon, eh? 

 MS. GAGNON: He phoned. He phoned, but I was in 

the bathtub, so Mum talked to him a bit. 

 DEFENDANT ROSENAU: Oh, yeah. 

 MS. GAGNON: He was just asking about this and 

that, and this and that, and I don't know, just -- whatever. 

 DEFENDANT ROSENAU: Yeah. 

 MS. GAGNON: Whatever. It doesn't really matter. 

 I am sure glad I didn't file those papers, though. 

 DEFENDANT ROSENAU: Why? 

 MS. GAGNON: Because that wouldn't have helped. 

 DEFENDANT ROSENAU: Oh, probably not. 

 MS. GAGNON: Wouldn't have helped, it would have, 

if anything, it would have made it worse. 

 DEFENDANT ROSENAU: Yeah. Well I guess she knows 

she is not getting them now, eh? 

 MS. GAGNON: Yeah. Well, you know, Gary didn't -- 

no, Gary -- Gary did not want -- he said, "Don't touch it 

with a 10 foot pole." 

 DEFENDANT ROSENAU: Oh, yeah. 

 MS. GAGNON: He also said, "Don't let Paddy know 

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that I don't like the idea. I am just being unbiased. I 

can't offer opinions." 

 DEFENDANT ROSENAU: Okay. Yeah, okay. 

 MS. GAGNON: So don't tell Paddy that Gary 

doesn't -- you know? 

 DEFENDANT ROSENAU: Yeah, I sort of tried -- 

 MS. GAGNON: Just don't phone Paddy. Screw Paddy. 

Leave Paddy out of the loop. Okay? 

 DEFENDANT ROSENAU: I sure hope you are taking me 

home tomorrow sometime. 

 MS. GAGNON: Oh, boy, I sure hope so, too. That 

is my plan. 

 DEFENDANT ROSENAU: God. 

 Well, I should try and phone Veronica, I guess. 

 MS. GAGNON: You want to talk to Mum for a minute? 

 DEFENDANT ROSENAU: Yeah. 

 MS. GAGNON: This phone is going to die soon, 

so -- 

 DEFENDANT ROSENAU: Okay, well -- 

 MS. GAGNON: -- from now -- I am going to -- you 

can talk to Mum now. You will probably get like 10 more 

minutes out of it, but -- 

 DEFENDANT ROSENAU: Oh, I won't have that much, 

anyway. 

 MS. GAGNON: No, and then I am going to go -- I am 

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going to go plug it in for a couple of hours. 

 (End of requested excerpt, call #5) 

 (Start of call #6. 5/2/2012 @ 19:19 to Veronica) 

 (Begin excerpt at 6:03) 

 DEFENDANT ROSENAU: Yeah, and we never -- we never 

gave that lawsuit to that prosecutor. We decided against 

it. 

 VERONICA. Good. We don't want to do that, 

anyway. 

 (End of requested excerpt) 

 (End of calls for 5/2/2012) 

 (End of transcript)

 CERTIFICATE 

 I certify that the foregoing is a correct transcript from the 

electronic sound recording of the proceedings in the aboveentitled matter. 

 /Brian J. Killgore/ June 8, 2012 

 AAERT Certified Electronic Court Reporter & Transcriber 

License CERT*D-498 ACE Transcripts, Inc. 

 720 Queen Anne Ave. N. #311 

 Seattle, WA 98109 

 (206) 467-6188 

Case 2:06-cr-00157-MJP Document 159-1 Filed 06/08/12 Page 37 of 37