2.Guilty Verdict on All Seven Counts and Jury Poll
93 lines(Time noted at 3:41 p.m., jury not present)
THE COURT: All right, ladies and gentlemen. I've received a note from the Foreperson at 3:20 -- I received it at 3:23. It will be marked as Court Exhibit 1, and it says, "The jury has reached a verdict."
Let's bring out the jury, please.
(Time noted at 3:42 p.m., jury present)
COURT CLERK: All rise as the jury enters.
THE COURT: All right. Ladies and gentlemen, let's all be seated.
Ladies and gentlemen, I received a note from the Foreperson at -- the time was 3:20 and I received it at 3:23, which indicates that the jury has reached a verdict.
Would Madam Foreperson please hand the verdict to Mr. Pecorino.
(Pause)
THE COURT: All right. Mr. Pecorino, would you please read the verdict.
COURT CLERK: The jury's verdict in the matter of the United States of America versus Ross William Ulbricht, 14 Cr. 68: COUNT ONE
(Distribution/Aiding and Abetting the Distribution of Narcotics)
COURT CLERK: As to Count One, how do you find the defendant? Guilty.
Has the government proven beyond a reasonable doubt that the defendant distributed or aided and abetted the distribution of any of the following controlled substances in the quantities indicated?
Heroin -- amounts totaling one kilogram or more: Yes.
Cocaine -- amounts totaling five kilograms or more: Yes.
LSD -- amounts totaling ten grams or more: Yes.
Methamphetamine -- amounts totaling 500 grams or more: Yes. COUNT TWO
(Distribution/Aiding and Abetting the Distribution of Narcotics by Means of the Internet)
COURT CLERK: As to Count Two, how do you find the defendant? Guilty.
Has the government proven beyond a reasonable doubt that the defendant distributed or aided and abetted the distribution by means of the Internet of any of the following controlled substances in the quantities indicated?
Heroin -- amounts totaling one kilogram or more? Yes.
Cocaine -- amounts totaling five kilograms or more? Yes.
LSD -- amounts totaling ten kilograms or more? Yes.
Methamphetamine -- amounts totaling 500 grams or more? Yes. COUNT THREE
(Conspiracy to Distribute Narcotics)
COURT CLERK: As to Count Three, how do you find the defendant? Guilty.
Has the government proven beyond a reasonable doubt that the defendant conspired to distribute any of the following controlled substances in the quantities indicated?
Heroin -- amounts totaling one kilogram or more: Yes.
Cocaine -- amounts totaling five kilograms or more: Yes.
LSD -- amounts totaling ten grams or more: Yes.
Methamphetamine -- amounts totaling 500 grams or more: Yes. COUNT FOUR
(Continuing Criminal Enterprise.
COURT CLERK: As to Count Four, how do you find the defendant? Guilty. COUNT FIVE
(Conspiracy to Commit or Aid and Abet Computer Hacking)
COURT CLERK: As to Count Five, how do you find the defendant? Guilty. COUNT SIX
(Conspiracy to Traffic in Fraudulent Identity Documents)
COURT CLERK: As to Count Six, how do you find the defendant? Guilty. COUNT SEVEN
(Conspiracy to Commit Money Laundering)
COURT CLERK: As to Count Seven, how do you find the defendant? Guilty.
Madam Foreperson, is this the jury's verdict?
JUROR: Yes.
THE COURT: Would you please poll the jury.
COURT CLERK: Juror No. 1, is this your verdict?
JUROR: Yes.
COURT CLERK: Juror No. 2, is this your verdict?
JUROR: Yes.
COURT CLERK: Juror No. 3 is this your verdict?
(Pause)
COURT CLERK: Juror No. 4, is this your verdict?
JUROR: Yes.
COURT CLERK: Juror No. 5, is this your verdict?
JUROR: Yes.
COURT CLERK: Jury No. 6, is this your verdict?
JUROR: Yes.
COURT CLERK: Juror No. 7, is this your verdict?
JUROR: Yes.
COURT CLERK: Juror No. 8, is this your verdict?
JUROR: Yes.
COURT CLERK: Juror No. 9, is this your verdict?
JUROR: Yes.
COURT CLERK: Juror No. 10, is this your verdict?
JUROR: Yes.
COURT CLERK: Juror No. 11, is this your verdict?
JUROR: Yes.
COURT CLERK: Juror No. 12, is this your verdict?
JUROR: Yes.
THE COURT: Juror No. 3, is this your verdict?
JUROR: (Indicating)
THE COURT: I need an audible --
JUROR: Yes, your Honor.
THE COURT: Thank you, sir.
COURT CLERK: The jury is polled, your Honor.
THE COURT: Thank you, ladies and gentlemen.
Counsel, is there any reason not to dismiss the jury at this time?
MR. TURNER: No, your Honor.
MR. DRATEL: No, your Honor.
THE COURT: Ladies and gentlemen of the jury, I want to thank you for your jury service. I want to thank you for coming each day and listening carefully to the evidence, to doing that under circumstances that I know were difficult day in and day out now over several weeks.
As I told you at the outset, having folks like you who will take this role very seriously is an essential part of the American justice system. Without it, without juries, we cannot have the system that we have. So I want to thank you for doing your jury service so responsibly and so carefully.
What we're going to do now is Joe is going to -- who could talk to you again -- Joe is going to lead you out and give you some final instructions. You are now also released from your oath of silence and you may now talk to others, should you choose to do so, about this case. However, you need not talk to anyone should you choose not to talk to anybody. Should you choose to be silent, that's entirely up to you. You need give no one your name. You need give no one any information at all.
The one thing that I do ask is if you do choose to talk about this case, that when you're talking about your role, that you talk just about yourself, and that you respect the integrity and the secrecy of the jury process and that you not speak for your other fellow jurors who may choose to be silent.
Again, I want to thank you. And you are dismissed.
The jury may leave.
COURT CLERK: All rise as the jury leaves.
(Jury not present)
THE COURT: All right, ladies and gentlemen. Let's all be seated.
The verdict form has been marked as Court Exhibit 2 and it will be posted to the docket.
Are there any applications?
MR. TURNER: Sentencing date, your Honor.
THE COURT: All right. Let me just get the agenda.
Any from you, Mr. Dratel?
MR. DRATEL: Yes. Post-trial motions and we will need a considerable period obviously beyond the ordinary 14 days. So --
THE COURT: Well, the information relating to the post-trial motions is well known. We have been briefing these for a long period of time. So --
MR. DRATEL: That's not the issue.
THE COURT: What we'll do is why don't you confer with your team and with the government and then write me a letter and give me your proposed dates rather than coming up with them now, because if there are various things in play then, I want to make sure that you've got, you know, the right amount of time, but I want to set a sentencing date as well.
MR. DRATEL: The Court could set a sentencing date, but I was not talking about beyond the sentencing date.
THE COURT: All right. So the sentencing date that I am thinking of would be April, in late April.
MR. TURNER: I have travel plans through that time, your Honor. If we could do either early April or early May?
THE COURT: Early May. Then that actually builds in a little bit more time.
MR. DRATEL: I think 90 days is the minimum, your Honor, for purposes of a presentence report and an appropriate sentencing investigation by Probation, and I think it is the minimum at this point.
THE COURT: I think May is within that period of time.
MR. DRATEL: Yes, May is in the neighborhood.
THE COURT: I think we can figure out what 90 days is.
All right. Let's come up with a timeframe. It is February 4th. All right. Why don't we say, Joe, can you come up with a date around May 15th for me, a sentencing date, May 15th?
COURT CLERK: Friday, May 15th, at 10 a.m.
THE COURT: All right. Friday, May 15th, at 10 a.m.
MR. DRATEL: I would just suggest April 4th for motions.
THE COURT: To make the motions?
MR. DRATEL: Yes.
THE COURT: Why don't you talk with the government about when they would then get their response done. I want to make sure I have time to go over them and all of that. If that's the timing that we're talking about, that's going to be fine, but it would be better for me if you could get them in late March but there may be reasons why you want April 4th.
All right. So that means that within 14 days, Mr. Turner, you will get the statement of facts to Probation?
MR. TURNER: Yes, your Honor.
THE COURT: And you will get on the calendar of Probation, Mr. Dratel, within two weeks?
MR. DRATEL: They call me and then I will set up the schedule.
THE COURT: OK. The way it works is, as you know, that you have to work with them to get on their calendar, and in the two-week period you have to get on their calendar -- you don't have to have the interview within two weeks.
All right. Terrific. Is there anything else that we should do right now?
MR. TURNER: No, your Honor.
MR. DRATEL: No, your Honor.
THE COURT: All right. Then we are adjourned. Thank you.
MR. DRATEL: One second.
(Pause)
MR. DRATEL: Nothing, your Honor. Thank you.
THE COURT: All right. Thank you.
We are adjourned.
COURT STAFF: All rise. - - -