TSARNAEV (被告) 初次出庭

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

??? PDF?? http://s3.documentcloud.org/documents/690341/dzhokhar-tsarnaev-complaint.pdf

美国联邦 马萨诸塞州地区法院

美利坚合众国

DZHOKHAR TSARNAEV

* * * * * * * * * * * * * * *

BEFORE THE HONORABLE MARIANNE B. BOWLER UNITED STATES MAGISTRATE JUDGE

第一次出庭 2013年4月22日

 

出庭人员:

美国检察官办公室 (By AUSA William Weinreb and AUSA Aloke S. Chakravarty) 1 Courthouse Way, Suite 9000, Boston, Massachusetts 02210, on behalf of the United States of America

联邦公设辩护人办公室, (By Miriam Conrad, Esq. , William Fick, Esq. , and Timothy Watkins, Esq. ) 51 Sleeper Street, 5th Floor, Boston, Massachusetts 02210, on behalf of the Defendant

贝斯以色列 迪卡内斯 医疗中心

布鲁克莱恩 大道 330号

波士顿,马萨诸塞州 02125

James P Gibbons, RPR,RMR Official Court Reporter

法院街 1号,7205室

Boston, Massachusetts 02210

jmsgibbons@yahoo.com

诉讼记录

法院: I will ask the doctor whether or not the patient is alert. 您可以唤醒他。

DR. ODOM: 您感觉如何? 你能回答一些问题吗?

被告人: (被国人点头表示肯定 )

法院书记员: United States District Court for the District of Massachusetts is now in session, the Honorable Marianne B. Bowler presiding.

今天是 2013 年 4 月 22 日, 星期一。 The case of U. S. v. Tsarnaev, Magistrate Judge No. 13-2106, will now be heard.

为了做好记录,请双方代理人识别自己。

MR. WEINREB: 早上好,法官大人。 William Weinreb for the United States.

MR. FICK: 早上好,法官大人。 William Fick for Mr. Tsarnaev.

法院: And you have had an opportunity to speak with him?

MR. FICK: 很短时间,法官大人。

法院: So you have your lawyers here.

被告人: (被国人点头表示肯定 )

法院: Mr. Tsarnaev, I am Magistrate Judge Bowler. This hearing is your initial appearance before the Court. We are here because you have been charged in a federal criminal complaint.

在这次审理中,我会说明您享有的宪法和法律上的权。 I will tell you about the charges against you and the penalties that the Court could impose if you are found guilty.

You have been charged with (1): Use of a weapon of mass destruction, in violation of 18, United States Code, Section 2332a(a); and malicious destruction of property resulting in death, in violation of 18, United States Code, Section 844(i).

Mr. Weinreb, what are the maximum penalties?

MR. WEINREB: 法官大人,每项罪名的最重刑罚是死刑, 有期徒刑,或无期徒刑。

法院: Is there a fine?

MR. WEINREB: 可以有 250,000 美元一下的罚款。

法院: I will tell you about your right to counsel, and I will consider conditions of release pending further court proceedings; that is, whether or not you should be detained and what amount of bail should be set.

This is not a trial, and you will not be called upon to answer the charges at this time.

If at any time I say something you do not understand, interrupt me and say so; is that clear?

被告人: (被国人点头表示肯定 )

法院: 好的。 I note that the defendant has nodded affirmatively.

作为这次听证会的第一步,我要向您解释您的宪法权利。

按照美国宪法,您享有保持沉默全。 Any statement made by you may be used against you in court, and you have the right not to have your own words used against you.

你可以在所有的询问之前,和您的律师协商,而且询问时你可以要求您的律师到场。

Counsel will be appointed without charge if you cannot afford counsel.

如果您决定在没有路是的帮助下做出陈述或回答问题,您可以随时决定停止。

This right means you do not have to answer any questions put to you by law enforcement agents or by the Assistant United States Attorney, Mr. Weinreb.

我想讲清楚。 You are not prohibited from making statements, but that if you do, they can be used against you. You are not required to make a statement at this initial appearance, and any statement you do make may be used against you.

Finally, if I ask you any questions here in this hearing or at any future hearing which you think might incriminate you, you have the right not to answer.

Do you understand everything I have said about your right to remain silent?

被告人: (被国人点头表示肯定 )

法院: Again I note that the defendant has nodded affirmatively.

As I said earlier, you have the right to retain counsel, to be represented by counsel, and to have the assistance of counsel at every critical stage of these proceedings.

You have the right to an attorney at this initial appearance, during any questioning, at any lineup, and at all proceedings in court.

You also have the right to have this Court assign counsel if you cannot afford counsel or if you cannot obtain counsel.

Can you afford a lawyer?

被告人: No.

法院: Let the record reflect that I believe the defendant has said, “No.

I have provisionally appointed the federal defender, Mr. Fick, to represent you in this matter. At some time he will give you a financial affidavit to fill out. The information you put in the affidavit regarding your financial assets will assist me in determining whether or not you are eligible for the appointment of counsel. I remind you that the affidavit is filed under the pains and penalties of perjury, which means that if the information you put in the affidavit is false, you could be prosecuted for perjury and, if convicted, be subject to a fine of up to $250,000 and/or five years in jail.

In addition, if there is any change in your financial status, you have an obligation to inform the Court.

Ordinarily, I would be asking the bail question.

MR. FICK: I am going to defer that question at this time, your Honor, and agree to voluntary detention without prejudice.

法院: 好的。

For the record, what is the government moving for?

MR. WEINREB: Your Honor, the government moves for the defendant to be detained pending trial pursuant to

3142(f)(1)(A), on the grounds that this is a crime of violence; 3142(f)(1)(B), on the grounds that this is a crime that carries a maximum sentence of life or death; and under 3142(f)(2)(A), on the grounds that the defendant is a risk of flight; and 3142(f)(2)(B), on the grounds that the defendant may intimidate witnesses if released.

法院: All right. I note that the defendant has entered into a period of voluntary detention without prejudice.

Do counsel want to be heard on any other matters?

MR. WEINREB: 没有,法官大人。

MR. FICK: 没有,法官大人。

法院: At this time, at the conclusion of the initial appearance, I find that the defendant is alert, mentally competent, and lucid. He is aware of the nature of the proceedings.

All right, we stand in recess. (Pause in proceedings. )

法院书记员: Resuming on the record Magistrate Judge

No. 13-2016, U. S. Tsarnaev.

法院: The defendant is now remanded from the custody of the agents present to the United States Marshals Service.

MS. CONRAD: Your Honor, may I just inquire about access to counsel?

MR. WEINREB: Your Honor, the government has no objection to the defendant having access to his counsel, consistent with whatever the Marshals and —

法院: And consistent with hospital regulation hours and that sort of thing.

MS. CONRAD: Right. Well, we can talk off the record about how we can arrange that.

Thank you.

?? ??? CHAKRAVARTY: So there is no next date scheduled in the case?

法院: A probable cause hearing? Off the record.

(Discussion between the Court and counsel off the record. )

法院: By agreement of counsel, Mr. Garvin?

法院书记员: How about the 30th of May in the morning, 10 a. m?

MR. WEINREB: That’s fine.

MR. WATKINS: That’s fine.

MR. FICK: That’s fine.

法院: And I note that this delay is occasioned by agreement of counsel.

好的。

 

(Proceedings adjourned. )

 

C E R T I F I C A T E

 

I, James P. Gibbons, Official Court Reporter for the United States District Court for the District of Massachusetts, do hereby certify that the foregoing pages are a true and accurate transcription of my shorthand notes taken in the aforementioned matter to the best of my skill and ability.

 

/s/James P. Gibbons April 22, 2013

 

James P. Gibbons

JAMES P. GIBBONS, CSR, RPR, RMR Official Court Reporter

法院街 1号,7205室

Boston, Massachusetts 02210

jmsgibbons@yahoo. com

About China Law Translate 855 Articles
CLT 是一个能够让说英语的人群进一步了解中国法律,众包、众筹的法律翻译项目。

Be the first to comment

Leave a Reply

Your email address will not be published.


*