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 1 IN THE UNITED STATES DISTRICT COURT 

 2 FOR THE DISTRICT OF OREGON 

 3 UNITED STATES OF AMERICA, ) 

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 4 Plaintiff, ) No. 3:16-cr-00051-BR-8 

 ) 

 5 v. ) 

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 6 PETER T. SANTILLI, ) March 7, 2016 

 ) 

 7 Defendant. ) Portland, Oregon

______________________________) 

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15 Detention Hearing 

16 TRANSCRIPT OF PROCEEDINGS 

17 BEFORE THE HONORABLE STACIE F. BECKERMAN 

18 UNITED STATES DISTRICT COURT MAGISTRATE JUDGE 

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Case 3:16-cr-00051-BR Document 2453 Filed 01/31/18 Page 1 of 8
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 2 APPEARANCES 

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 4 FOR THE PLAINTIFF: Mr. Ethan Knight 

 United States Attorney's Office 

 5 District of Oregon 

 1000 S.W. Third Avenue, Suite 600 

 6 Portland, OR 97204 

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 8 Mr. Steven W. Myhre 

 United States Attorney's Office 

 9 District of Nevada 

 333 Las Vegas Blvd. South, Suite 5000 

10 Las Vegas, NV 89101 

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13 FOR THE DEFENDANT: Mr. Thomas K. Coan 

 Attorney at Law 

14 1001 S.W. Fifth Avenue, Suite 1400 

 Portland, OR 97204 

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17 COURT REPORTER: Bonita J. Shumway, CSR, RMR, CRR 

 United States District Courthouse 

18 1000 S.W. Third Ave., Room 301 

 Portland, OR 97204 

19 (503) 326-8188 

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Case 3:16-cr-00051-BR Document 2453 Filed 01/31/18 Page 2 of 8
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 1 (P R O C E E D I N G S) 

 2 MR. KNIGHT: Good afternoon, Your Honor. The first

 3 matter on today's docket is United States v. Peter Santilli.

 4 We're appearing today on Magistrate's Case No. 16-mj-00024.

 5 Ethan Knight and Steve Myhre from the District of Nevada

 6 appearing today, Your Honor. And we're present today, Your

 7 Honor, for a detention hearing in Mr. Santilli's matter from

 8 the District of Nevada, having been set over by this Court last

 9 week under Rule 5 of the Federal Rules of Criminal Procedure.

10 Your Honor, the government is prepared to proceed

11 today with Mr. Myhre handling the argument. I understand that

12 Mr. Coan is going to seek a setover in today's matter due to

13 the fact the government filed on Friday a detention memo.

14 Mr. Coan is appearing now with Mr. Santilli, who is present and

15 in custody.

16 THE COURT: What's your position on the setover,

17 Mr. Knight?

18 MR. KNIGHT: It would be the government's preference,

19 given the fact Mr. Myhre has traveled here today, to go ahead

20 today. If the Court is inclined to set it over, we will be

21 prepared to go at that time as well.

22 THE COURT: Thank you, Mr. Knight.

23 I'll hear from Mr. Coan.

24 MR. COAN: Good afternoon, Your Honor. Tom Coan for

25 Mr. Santilli. I was out of town until Saturday night at a

Case 3:16-cr-00051-BR Document 2453 Filed 01/31/18 Page 3 of 8
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 1 conference in California, and I came back to find a 59-page

 2 detention memo filed. I did get over to the jail yesterday to

 3 visit with Mr. Santilli. We have only gone through half of it.

 4 So he hasn't even been able to review with me the full

 5 detention memo yet.

 6 So I would ask for additional time. I could be ready

 7 by Friday on this. I have noticed from looking at the screen

 8 that the government also intends to offer a number of video

 9 exhibits, and I can tell from past experience in this case that

10 many times these video snippets are taken without the full

11 context of the matter. 

12 So what I would like to do is ask the Court for an

13 extension or a continuance until Friday, and ask the government

14 to provide the defense with these video exhibits so that we can

15 have an opportunity to look at them in a wider context.

16 THE COURT: Okay. Thank you.

17 Mr. Knight and Mr. Myhre -- Well, first, I assume,

18 Mr. Myhre, that you had not intended to stay in Portland for

19 the entire week?

20 MR. MYHRE: That's correct, Your Honor. But we can

21 be available on Friday if the Court sets it -- sets the matter

22 for that time. We will have someone here. We would prefer,

23 Your Honor, if the Court is going to continue the matter, that

24 we present at the same time rather than have it bifurcated in

25 some way.

Case 3:16-cr-00051-BR Document 2453 Filed 01/31/18 Page 4 of 8
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 1 With respect to the video clips that the defense

 2 attorney has alluded to, we intend to show -- or excuse me, we

 3 intend to play one audio clip and one video clip, and we can

 4 certainly provide counsel with a copy of those before Friday.

 5 THE COURT: Okay. I appreciate that. Thanks for

 6 doing that voluntarily.

 7 Let me ask you, Mr. Myhre.

 8 (Speaker feedback.)

 9 THE CLERK: Sorry, Judge.

10 THE COURT: I always make it a point --

11 (Speaker feedback.)

12 THE COURT: They've been working on our equipment,

13 obviously. I'll try to speak loudly, but not too loudly.

14 Mr. Myhre, I make it a point to advise defendants who

15 appear pursuant to Rule 5 that they obviously have a right to

16 be heard in the district of arrest on whether they should be

17 released pending their appearance in the charging district or

18 whether they should be detained, but I usually advise them that

19 I can't predict what the charging district is going to do with

20 regards to whether they are entitled to another detention

21 hearing once they appear in the charging district.

22 So as long as we have you here today, do you

23 anticipate that regardless of what happens here today or this

24 week in the District of Oregon, is Mr. Santilli going to be

25 entitled to another detention hearing in the District of Nevada

Case 3:16-cr-00051-BR Document 2453 Filed 01/31/18 Page 5 of 8
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 1 at the time of his initial appearance before the District of

 2 Nevada magistrate judge?

 3 MR. MYHRE: I can represent to the Court, Your Honor,

 4 that it's been the practice in the District of Nevada that the

 5 defendant who is transferred to the district will get another

 6 detention hearing before either the magistrate judge before

 7 whom he would appear or at the district court level.

 8 THE COURT: Okay. Thank you. I just wanted to make

 9 sure, in an effort to protect Mr. Santilli's rights, that he

10 wasn't under the impression that he would get the two detention

11 hearings and had to choose between one or the other. But

12 sounds like we will go forward here with the detention hearing

13 on Friday, March 11th, at 1:30 p.m. before the duty magistrate

14 judge. That decision obviously can -- either side can appeal

15 that to the assigned judge in the District of Nevada, and once

16 he makes his appearance in the District of Nevada, he may be

17 entitled to another detention hearing at that time. Is that

18 your understanding?

19 MR. MYHRE: That's my understanding, yes, Your Honor.

20 THE COURT: Okay. Thank you. 

21 With that -- Mr. Coan?

22 MR. COAN: Oh, no.

23 THE COURT: I will continue Mr. Santilli's detention

24 in the District of Nevada case until we have a detention

25 hearing on Friday, March 11th, at 1:30 p.m. before the duty

Case 3:16-cr-00051-BR Document 2453 Filed 01/31/18 Page 6 of 8
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 1 magistrate judge.

 2 Mr. Coan, anything further at this time?

 3 MR. COAN: No, Your Honor.

 4 THE COURT: Mr. Myhre and Mr. Knight, anything

 5 further at this time?

 6 MR. MYHRE: Nothing from the government, Your Honor.

 7 THE COURT: Thank you.

 8 (Proceedings concluded.)

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Case 3:16-cr-00051-BR Document 2453 Filed 01/31/18 Page 7 of 8
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 1 

 2 --o0o-- 

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 4 I certify, by signing below, that the foregoing is a

 5 correct transcript of the record of proceedings in the

 6 above-entitled cause. A transcript without an original

 7 signature or conformed signature is not certified.

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/s/Bonita J. Shumway January 28, 2018

10 ________________________________ _________________

BONITA J. SHUMWAY, CSR, RMR, CRR DATE

11 Official Court Reporter

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