The opinion of the court was delivered by: The Honorable John A. Mendez U.S. District Court Judge
KRISTA HART Attorney at Law State Bar #199650 PO Box 188794 Sacramento, California 95818 Telephone: (916) 498-8398 firstname.lastname@example.org Attorney for Appellant James Flocker
APPELLANT'S REQUEST FOR
TRANSCRIPT OF FIRST JURY TRIAL AND REQUEST FOR
SEALED TRANSCRIPT AND ORDER
James Flocker, by and through counsel Krista Hart, hereby makes two requests for transcripts: (1) a copy of the in camera hearing held on April 14, 2009; and (2) a copy of the transcripts of the first jury trial.
Mr. Flocker was convicted by a jury of three counts: transportation, distribution and possession of visual depiction of minor engaged in sexually explicit conduct. The Court sentenced Mr. Flocker to 84 months in prison. The matter is now on appeal in the Ninth Circuit Court of Appeals.
The Court appointed the undersigned to represent Mr. Flocker on the appeal. On September 17, 2010, the undersigned completed and submitted the Transcript Designation and Ordering Form. Dkt 221, Exh A. The undersigned has received most of the transcripts.
In camera hearing on April 14, 2009 After reviewing the transcript for the April 14, 2009, trial confirmation hearing it appears the Court and the defense held an in camera hearing at the end of the proceedings. The docket sheet does not reference an in camera hearing. In order to adequately assess Mr. Flocker's case and to thoroughly analyze all the issues, the undersigned needs to review the transcript. Therefore, the undersigned requests this Court order the court reporter to produce the sealed portion of the transcript and provide a copy to the undersigned, but that the transcript otherwise remain sealed unless or until appellant decides to introduce the issue into the Ninth Circuit appeal.
The undersigned requested a copy of the transcript for the first jury trial. See Exh A, Dkt 221 p. 2. The court reporter did not prepare it. A copy of the transcripts for the first jury trial is necessary to fully assess the state of the evidence, to compare and contrast the difference between the first jury trial (where the jury could not reach a verdict) and the second jury trial wherein the jury convicted Mr. Flocker on all counts. For example, in the second jury trial the government offered additional evidence in the form of Federal Rules of Evidence, Rule 404(b) evidence. (Dkt 172) These were "stories" and e-mails found on Mr. Flocker's computer. The defense objected to the admission of that evidence. (Dkt 174). In order to fully assess the impact this evidence had on the trial, it is necessary to compare and contrast the first jury trial to the second jury trial.
Therefore, the undersign requests this court to order the court reporter to produce the transcript of the first jury trial and to provide a copy to the undersigned.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff, v. JAMES FLOCKER Defendant.