* * * * * * * * * * * * DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT IN THE DISTRICT COURT OF OKLAHOMA COUNTY

Transcription

1 IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA II THE STATE OF OKLAHOMA, II Plaintiff, VS. CASE NO. CF-- II RICHARD WAYNE MARDIS, II Defendant. 0 * * * * * * TRANSCRIPT OF PLEA & SENTENCING PROCEEDINGS HAD ON THE TH DAY OF SEPTEMBER,, BEFORE THE HONORABLE KENNETH C. WATSON * * * * * * Reported by: ATTORNEY'S COPY Tara Nixon, RPR, CRR II Park Avenue Oklahoma County Courthouse II Oklahoma City, Oklahoma

2 A P PEA RAN C E S II ON BEHALF OF THE PLAINTIFF: MS. ANGELA SONAGGERA MR. PETER HADDOCK Assistant District Attorneys Robert S. Kerr Suite 0 Oklahoma City, Oklahoma 0 0 II ON BEHALF OF THE DEFENDANT: MR. ED BLAU Attorney at Law 0 Park Avenue Suite 00 Oklahoma City, Oklahoma 0 MR. CONNER L. HELMS Attorney at Law One NE Second Street Suite Oklahoma City, Oklahoma 0

3 Thursday, September, TABLE OF CONTENTS I N 0 E X PAGE 0 Oath to Defendant... Plea of Defendant... State's Request by Ms. Sonaggera. State's Offer of Proof... Statement by Mr. Blau... Waiver of PSI... Request by Ms. Sonaggera. Explanation by Mr. Blau.. Request by Ms. Sonaggera... Request by Mr. Blau... Statement by Mr. Helms... 0 RICHARD WAYNE MARDIS - testified: Direct Exam by Mr. Helms ~. Cross-Exam by Mr. Haddock. Colloquy... Ruling of the Court... 0 Reporter's Certificate..

4 " (Whereupon, the following transpired at : p.m.) THE COURT: Raise your hand and be sworn. II RICHARD MARDIS, II having first been duly sworn, testified as follows: THE COURT: Richard Wayne Mardis? THE DEFENDANT: Mardis, yes, sir. THE COURT:, last four digits of your Social Security? 0 THE DEFENDANT: Yes, sir. THE COURT: Even I'm older than you. Mr. Helms represents you; you're ; you've had some college. It looks like you're charged with, in - with Conspiracy to Violate the Oklahoma Commercial Anti-Gambling Act and Commercial Gambling. THE DEFENDANT: Yes, sir. THE COURT: You've had a copy of the Petition; you've gone over the Petition; you understand it? THE DEFENDANT: Yes, sir. THE COURT: You've had the benefit of counsel, both counsel, Mr. Helms and Mr. Blau? THE DEFENDANT: Yes, sir. THE COURT: You've had the opportunity to talk to them about any possible defenses that you may have?

5 0 THE DEFENDANT: Yes, sir. THE COURT: You're satisfied with their representation of you? THE DEFENDANT: Sure. Yes, sir. THE COURT: They have also told you that the punishment carries up to ten years and up to a $,000 fine? THE DEFENDANT: Yes, sir. THE COURT: And that's the same as to both counts. Having gone over your constitutional rights with them, your right to a jury trial, are you satisfied that you are fully competent to either enter a plea or request a jury trial? THE DEFENDANT: Yes, sir. THE COURT: And your choice is to? THE DEFENDANT: Have you hear it, sir. THE COURT: So you want to enter a plea? THE DEFENDANT: Oh, plea, yeah. THE COURT: And your plea is what? THE DEFENDANT: No contest. THE COURT: As to both counts? THE DEFENDANT: Yes, sir. THE COURT: Is the State satisfied? Well, actually, you don't have a choice if someone enters a plea, whether it's no contest or guilt.

6 0 MS. SONAGGERA: We did an offer of proof, Your Honor. THE COURT: The Court will -- Let me hear from the State regarding your offer of proof. MS. SONAGGERA: Your Honor, you're very familiar with this case and it's been going on for a while now. I understand that THE COURT: I tell you what; I started thinking this case was going to be... we were having motions on the Motion to Dismiss yesterday so I took a load of documents home with me Monday night anticipating we were going to do this on Tuesday and -- MS. SONAGGERA: So you're, again, familiar THE COURT: I'm well acquainted with it. MS. SONAGGERA: -- well versed as we are, as defense counsel is. Your Honor, throughout this whole time we've not been trying to -- we've been trying to punish Mr. Mardis for what he has done, obviously, beca~se that's what we do, however, we're not looking to put Mr. Mardis in jail. We would ask that you impose the maximum fine on each count of $,000 and that's what we would ask. THE COURT: Okay. But the offer of proof though? MS. SONAGGERA: The offer of proof.

7 0 THE COURT: Then I'll give you a chance MS. SONAGGERA: Your Honor, I'm sorry. If I may read it, if that's okay? THE COURT: Yeah, that's finei for the record. MS. SONAGGERA: It would be easier if I read it. THE COURT: And then we'll go to -- MS. SONAGGERA: It's pretty lengthy. THE COURT: Okay. MS. SONAGGERA: The State of Oklahoma would present evidence and testimony that money was wagered in pools at conventions held in Oklahoma County, specifically board pools, Belgian pools, and winner take all with the house receiving percent. Further, evidence would establish that this activity violated Oklahoma Anti-Commercial Gambling Act. This activity was a joint effort between the defendant and previously charged co-defendants. The defendant does not contest the pooling bets and gambling for purposes of this case only. I'm sorry. The defendant does not contest the pooling betsi that pooling bets are gambling for the purpose of this case only, and the parties agree that the initial entry fees paid to all convention race does not MR. HADDOCK: Be--

8 0 MS. SONAGGERA: I'm sorry. AU convention race does not fall under commercial gambling, the Commercial Gambling Act. MR. BLAU: And we're satisfied with that offer of proof, Your Honor. THE COURT: Very good. Court will accept the plea, show that it was done in open court this th day of September of '. And as far as sentencing, are we foregoing the PSI? MR. BLAU: Yes. MS. SONAGGERA: That's my understanding, Your Honor. THE COURT: Now let me hear from -- MS. SONAGGERA: Your Honor, again I would reiterate, you know, this has not been a violent act, it's not a violent crime, however, it is a crime nonetheless. And we feel that to teach, to show everyone that we're serious about this crime that you would impose a $,000 fine only on Count, in addition a $,000 fine on Count. THE COURT: Okay. But I thought you said that you would concede that Count was an entry fee as opposed to -- so that's not -- MR. BLAU: No, Your Honor. How the counts are is Count is Conspiracy and Count is actually

9 0 Commercial Gambling. Part of their case in chief would have been the entry fees, that's been the sticking point the whole time, we were able to come to a resolution to that so... is why we pled no contest to the two counts. MS. SONAGGERA: Right. That would have come into playas kind of like a piece of the puzzle, so to speak, but that was never in the Information or it was but in a roundabout way. THE COURT: Okay. MS. SONAGGERA: So, as I said, we would ask you impose the maximum fine allowed by law, which is $,000 on Count, and the maximum fine allowed by law on Count also, which is also $,000. THE COURT: As far as a sentence, just a fine only? MS. SONAGGERA: Yes, Your Honor. THE COURT: Okay. MR. BLAU: Your Honor, we're asking at this time for a two-month deferred sentence, no fine, no supervision. The reason why we feel comfortable asking for that is Mr. Mardis at this convention earned no money. He was a volunteer, he -- He's raised pigeons, he sold pigeons, this is what he loves doing.

10 0 0 We've spent the last or they have spent the last year and a half almost on this case. Mr. Mardis has spent a significant amount of money on his defense. This is a situation where to fine him further would not be justice. THE COURT: Well, I'm separating legal fees from punishment fees, so I don't want to offset one for the other because he's done this to defend himself. I want to hear what... not the justification for it, what your position is as far as what the Court should do. MR. BLAU: Okay. It's our position because he gained nothing monetarily from this, he wasn't one of the primary organizers, he was somebody that was there, we pled no contest to it. We have no quarrel with the offer of proof. And at this time, just so, because we did no PSI, so the Court can have a little better idea as to who Mr. Mardis is I'm going to ask Mr. Helms to step in and ask a few questions and inform the Court of that. THE COURT: Mr. Helms. MR. HELMS: Thank you, Your Honor. If I may? I've known Mr. Mardis for many, many, many years and his family. He's been in Oklahoma --

11 THE COURT: You're not being a character witness. You're going to ask him -- MR. HELMS: No, I'm not. THE COURT: You're going to ask him some questions. DIRECT EXAMINATION BY MR. HELMS: II Q. Mr. Mardis, as far as the... your time here in II Oklahoma, you've been in Oklahoma how many years? 0 A.years. Q. Are you a veteran? A. Yes. Q. Which war did you serve in? A. Vietnam. Q. And what was your role in the... what did you do over there? A. I was a repair top secret encode/decode II electronic equipment and I got attached to the Navy on a II pigeon project. II Q. And as far as your family, you have kids? II A. Three children, each have... and they each have II two children, so I have six grandchildren. II Q. All right. And I believe Judge DeGiusti is your son-in-law? A. He was, yeah; still friendly.

12 II Q. As far as this convention goes, explain to the II Court how you got involved with the convention? II A. Okay. This was -- II THE COURT: Well, let me back up. Judge II DeGiusti is your? II THE DEFENDANT: My former son-in-law. II THE COURT: Because I thought he was married to II Judge Thompson's -- II THE DEFENDANT: Yeah, he is now. He was married 0 to my daughter. THE COURT: Okay. I thought maybe you were related to Judge Thompson in some respect, and I was going to back off. THE DEFENDANT: No. His two oldest sons are my grandsons. THE COURT: Okay. II THE DEFENDANT: I was on the City Counsel in II Texas for a few years. II THE COURT: Okay. I was just asking about the " relationship with Judge DeGiusti. Q. (By Mr. Helms) As far as the 0 convention II held in Oklahoma City by the AU, were you on the board II that organized that? A. I was not on the AU board. Q. And what was your role?

13 A. I was co-- I have -- I brought in the speakers II and the auction birds and helped coordinate getting II everything working. Q. A. You Yes. were also the emcee at the final -- Q. -- finale? A. Yes. Q. You informed the people that were the II participants where to pick up their checks? 0 A. Yes. Q. Did you actually take any of the entry fees for II the pool? A. No, I didn't. I didn't take any. Q. Did you receive any financial benefit A. No. Q. Let me finish the question. A. Okay. Q. Did you receive any financial benefit; were you II paid by AU -- A. No. Q. -- for your time? A. No. Q. Did you actually do any of the entry fees II yourself in the pooling? A. I had birds in the race, entry fee race, yeah.

14 Q. And did you win anything? A. No. Q. Your clients that you trained for that race were they in the pool? A. I had... some were, yeah. Q. But did you receive anything for it? A. No. No. I -- No, I didn't receive anything from it. Q. Now, you're in charge of the youth race? 0 A. Yes. Q. Explain to the Judge what A. Youth race was for junior members in our II national organization, the and under. And they sent II birds in, I handled those at my expense; took care of II them and promoted the race and charged nothing for it. THE COURT: You started this in Vietnam? THE DEFENDANT: I actually started when I was ten years old. I've had birds my entire life. THE COURT: So they used birds in Vietnam? THE DEFENDANT: These were enemy pigeons were captured. THE COURT: What's the enemy pigeon? THE DEFENDANT: From Viet Congo THE COURT: Oh, they attacked the... THE DEFENDANT: No, they were using the birds to

15 0 make ship to shore contact in the Mekong Delta, deliver goods, supplies to the Viet's V safe. And they sunk a ship, captured a bird. They knew... one of the former commanders THE COURT: Go back. You said these were enemy birds. THE DEFENDANT: They belonged to the Viet Congo THE COURT: Okay. THE DEFENDANT: And they were using to make from the ship to the shore contact to deliver goods up to Mekong Delta. THE COURT: As opposed to radio? THE DEFENDANT: Radio, because at that time our radios... we were excellent on, you know, picking up their signal. THE COURT: Okay. THE DEFENDANT: And what happened is the Navy sunk a ship; bird carne off of it, they caught it and it had a message. They contacted to see who had expertise and the former commander of the Pigeon Corp in World War II, his name is Otto Meyer, he's a close friend of mine. And he was writing to me in Vietnam and he gave them my name and they flew me to Saigon and attached me to the Navy on this project, it was top secret and --

16 THE COURT: That's how you got your experience? II Well, you had your experience before? II THE DEFENDANT: Oh, yeah, I had birds all my life. S THE COURT: Go ahead. I'm sorry. MR. HELMS: That's fine. Q. (By Mr. Helms) As far as the youth race did it involve any entry fees? A. No, it was free. 0 II Q. Did it involve any prizes? II A. The winner got a free trip to the next II convention with its parents. Q. And did you receive any compensation A. No, I took no compensation. Q. And so your training of all those birds you did II on your own? II A. Yeah, all that, I covered that expense. I was II happy to do it. MR. HELMS: I have no further questions, Your Honor. MS. SONAGGERA: Your Honor? THE COURT: Questions? CROSS-EXAMINATION BY MR. HADDOCK: Q. Mr. Mardis, are you disputing that the AU

17 brought you in to oversee the pooling and the races as well? A. Yes; they didn't. II Q. SO you're saying that " A. I was not race chairman, someone else was race chairman. Q. SO when people on video asked who to go to, to II find out about the pooling, where to go and put your II money down, where... how to fill these out, do you 0 II dispute being there and walking people and assisting them II in placing II A. I walked Andre Rhodoff (spelled phonetically), a II man from Belgium, a lifelong friend, and took him into there. Q. And you took him in there and you helped him II place bets? II A. I don't remember, it's been four years ago and I II was busy during the convention. We were sending birds II out. If the video shows it, then -- II Q. That was my next question. Would you dispute it II if I showed you on video that you assisted people in II placing bets? A. The only time I was in that room was probably II with MR. BLAU: Let me say this; the Court knows

18 we've entered a plea of no contest. We're not contesting the charges, so these questions are... I mean -- MR. HADDOCK: I was just concerned because it II almost sounds like he was denying it. II Q. (By Mr. Haddock) And do you acknowledge that II when questions came up about how to fill these out II properly you had discussions with Mr. Steel, who was one II of the co-defendants, if we had that on video you'd have 0 II no reason to dispute that, do you? A. That's fine. Yeah. Q. And do you recall even having conversations about the pooling sheets were not ideal because there was, no place for people to put their names but A. I don't remember, sir. I've been to 0 of these conventions. Q. Well, let's talk about these conventions. Would it be fair to say, sir, that these are held allover the U.S.? A. They're held once a year annually. II Q. And there's a lot of this pooling activity occurring in different jurisdictions around the country? A. Not now. Q. But up to this point? A. Yep. DISTRICT COURT OF OKLAHOMA ~ OFFICIAL TRANSCRIPT

19 Q. And there's a lot of money that changes hands at II these events, would you agree? A. How much is a lot of money, sir? II Q. Thousands? II A. A few, very few thousands on this. The money II was in the entry fees. II Q. And would it be fair to say that you make a II living and you've done this for many years with the II racing pigeons? 0 II A. I make a living selling them. II Q. And as a result of the money that you make with II this don I t you also, on your own, hold events and have II competitions? II A. Yes, we do. II Q. And one of them is known as the Mercedes II Classic? A. That's correct. Q. In times past what was the grand prize for this II Mercedes Classic? A. At one time it was a Mercedes but nobody ever took it. Q. So-- II A. That's why it was named that. II Q. -- substantial money is paid at some of these II events in the thousands, would you agree?

20 II A. On the entry fees; that is correct. II Q. SO there's a lot of money to be made with II this A. On the entry fees. II Q. -- pigeon racing activities? A. On the entry fees, yes. II Q. And until recently you say there was also pooling going on in the various conventions around the country? 0 A. Yes. Q. And ) THE COURT: Let me ask a question. I've read these briefs and facts and the argument and authority and I wondered after reading them why there would be a need for additional witnesses. I thought, I assumed that the briefs were everybody's position and this case could be determined by the brief. Am I MR. HADDOCK: No. No. THE COURT: There was more? MR. HADDOCK: We've come a long way. We've made a great deal of progress as we stand before you here today, Your Honor. THE COURT: I know. MR. HADDOCK: But for lack of a better word, up

21 , to this point there was a lot of semantics being thrown around. 0 THE COURT: Okay. MR. HADDOCK: When a person sends their bird for a particular event they already have paid their entry fee. This little pooling activity on the side, on these sheets, Your Honor, which we call bet sheets, are basically you can place bets if you want to, but your bird has already been entered by the time you send it to the trainers. THE COURT: Okay. MR. HADDOCK: So at these events your bird can fly without ever participating in any of these pools. This is strictly for making money. THE COURT: Well, let me ask you this. MR. HADDOCK: And it's gambling. THE COURT: When I started to read these briefs Monday night the first thing came to mind is that, you know, I play golf. I mean, and I was just at a golf tournament in Tulsa that Langston University gave but they didn't want their name on it, but Mike Garrett who is head of the Athletic Department brought in all these big name people; Barry Switzer. People were paying $0,000 for entry fees and that was the entry fee for a four-man team, and if your

22 0 team won you won a night at the casino there in Tulsa, the Cherokee casino. And I'm saying, well, how does that differ from what we have here? MR. HADDOCK: Very different. I will explain it, Your Honor. THE COURT: Tell me. MR. HADDOCK: The entry fees there THE COURT: That's a $0,000 MR. HADDOCK: -- are being split among the participants. THE COURT: That's the $0, MR. HADDOCK: Right. And for a charity event. THE COURT: -- that I'm talking about, at my golf tournament. MR. HADDOCK: Here when you send your bird and there's going to be an event like on this occasion in 0 there was this convention in Oklahoma City. There were three lofts, which is basically, for lack of a better term. THE COURT: Three divisions. MR. HADDOCK: Trainers. You send your bird to those trainers. MS. SONAGGERA: Months ahead of time. MR. HADDOCK: Months ahead, and you pay your entry fee. You've already paid your entry fee.

23 THE COURT: Okay. MR. HADDOCK: Now, when the event occurs you don't ever have to put a dime on this and your bird runs and you can stand the chance to win the entry fee prize splits. This is betting on the side, that's what this is. ~ COURT: So you're ~ conceded the entry MR. HADDOCK: Right. not talking about... fee is not gambling? These pools -- 0 THE COURT: The entry fee is not gambling. MR. HADDOCK: No. MS. SONAGGERA: Correct. It's like when you register for a CLE or, you know, some program, meeting like that -- THE COURT: Bar Association. MS. SONAGGERA: -- you send in your $ to secure your seat at the meeting or the convention. THE COURT: Okay. Bar Association gives a tournament out at Gaillardia and you pay $00 for a team, team of four. If your team in your division wins, just say you get a prize which normally is a gift certificate for the golf shop there at Gaillardia or wherever you want to take it, but in addition to that, if you have the longest drive or get closest to the pen you also get a prize, is that

24 0 not... is that gambling? MR. HADDOCK: That's different from this, Your Honor. THE COURT: Is that gambling though? That's my question. MR. HADDOCK: I don't think it is because it's like a rodeo where there are sponsors, there are prizes; first, second, third, fourth. THE COURT: How do you differentiate between that? MR. HADDOCK: Because here your bird is in the race. Your bird has already paid the entry fee. THE COURT: Right. MR. HADDOCK: There are prizes in some of these. Mr. Roberson, who ran this particular loft when they did the release, he said that they were paying prizes up to 0th place of the entry fees. Now this is completely optional. This is basically putting money... Belgian pool 0 to ; board pool 0, 0,, first, second, third place; winner take all. This is completely separate and apart from the entry fee prizes so therefore this additional type of wagering violates the state law that says no money is allowed to be wagered on a contest of endurance or speed of an animal. And so this here,

25 0 the money that they're putting is wagering for the chance -- THE COURT: Unless it's controlled by the Racing Commission? MR. HADDOCK: Only exception to that is horse racing. And so these things, and we were talking earlier today with one of the former co-defendants who admitted -- THE COURT: And you will charge him $0,000 for MR. HADDOCK: There's a lot of money to be had. THE COURT: -- doing what Oklahoma Commission does? What did the other co-defendants... I saw they got deferred sentences. MS. SONAGGERA: They pled prior to the preliminary hearing. THE COURT: But what did they get as far as fines? MS. SONAGGERA: Mr. Steel received a one-year suspended sentence on a misdemeanor with Commercial Gambling and I believe it was like a $,00 fine. I can't remember the exact amount. And then Ms. Clifton pled to, I believe it was a one-year deferred sentence on a felony, again, the Commercial Gambling count, and received a similar fine and they

26 0 both received some community service. THE COURT: Okay. All right. MS. SONAGGERA: And, Judge, I just -- THE COURT: Okay. MS. SONAGGERA: If you're asking about that, we have conveyed several offers to Mr. Mardis. THE COURT: I know. MS. SONAGGERA: I know it's his right to reject those. I'm not disputing that. But I want the Court to know that that has been an issue also. THE COURT: Okay. Anything further? MR. BLAU: Nothing. MR. HADDOCK: No, Your Honor. THE COURT: I'm totally confused because I look at what they did, the co-defendants because I thought both of them... I didn't see a suspended on one of them. I saw deferred on both of them, and I could have missed that. I guess it's used as a deterrent. I see so many things in sports that could fall under the classification of gambling and, you know, I can see and I think the State pursues cockfighting because there was a big issue with cockfighting, same basic MR. HADDOCK: Pit bulls.

27 THE COURT: Pit bulls, fighting animals. MR. HADDOCK: Bookies. THE COURT: Yeah. But I guess I look at birds differently because they're not fighting each other, I mean, they're flying. But is it cruel and inhumane treatment for birds to fly? I mean, that's what they do. MS. SONAGGERA: Judge, that's not what we're here for though. 0 MR. HADDOCK: We're not here on a --- cruelty. MS. SONAGGERA: We're not here on an animal.<, THE COURT: I know, but when you're talking about it I'm -- I'm not trying to... because, I mean, he's entered a plea on it so I'm not looking for mitigation. I'm just kind of having this conversation because I've read these briefs and I guess there was a group, some group out of Virginia that came here and made the complaint because it was happening other places. Have they filed criminal cases in other jurisdictions? MR. HADDOCK: They have tried to present various charges to different jurisdictions. I think the state of Arizona recently, their Game Division --

28 0 THE COURT: Maricopa. MR. HADDOCK: Which one? THE COURT: Maricopa. Is that Arizona -- MR. HADDOCK: May be. I think they made a finding, their Wildlife Division, that it violated some commercial gambling law over there, but I think that the extent of what happened in that case was the... my understanding, and this is just secondhand, Your Honor, is the District Attorney issued them a warning to cease and desist or that there would be prosecution if they should have anymore pooling on a pigeon event out of Arizona. I don't have any specifics on it. THE COURT: Did the State issue a cease and desist on this case? MR. HADDOCK: I think this case no. TRE COURT: Why? I mean, you could MR. HADDOCK: We, the District Attorney doesn't do cease and desist. In fact, there's a statute, Your Honor, that says if evidence of -- THE COURT: But you don't have to do, I mean, they don't have to do it. But, I mean, the State could say, I mean, since this is not, it's not... it doesn't have a violent nature to it that -- MR. HADDOCK: It's not close

29 0 THE COURT: If anyone ask for an opinion then your office would at least give an opinion -- MS. SONAGGERA: I don't believe so, Your Honor. I don't believe -- MR. HADDOCK: The District Attorney does not do advisory opinions, only the Attorney General at the request of a state agency does that. THE COURT: Okay. MR. HADDOCK: Now, I would advise the Court this, Your Honor, in case you're not aware; there is a statute within the criminal law that says if evidence of commercial gambling is brought to the District Attorney and he fails to act he shall forfeit his office. THE COURT: Oh! MR. HADDOCK: So it kind of ties our hands -- THE COURT: Oh, yeah. MR. HADDOCK: -- when they bring evidence of commercial gambling to the District Attorney -- THE COURT: If they ask for an opinion and you all MR. HADDOCK: Yeah, we have -- If they bring us evidence, credible evidence of commercial gambling like they did here, the District Attorney has a duty to act or he shall forfeit his office. It says it

30 0 0 in the statute. THE COURT: All right. I'm still on the golf kick right now but I guess MR. HADDOCK: That's different. You know, entry fees and capital prizes are different. THE COURT: You can differentiate but I see -- MR. HADDOCK: They bring us evidence of illegal gambling there's that statute. THE COURT: Okay. MS. SONAGGERA: I'm sure Mr. Haddock will be happy to file more charges, Your Honor, if he gets the evidence. MR. HADDOCK: Bring us the evidence the statute requires us to act. THE COURT: I'm going to defer, but I didn't intend to do that. I'm going to defer for six months and then I'm going to do a $00 fine per count, which is a thousand dollars. And I'm going to ask for 0 hours of community service. Mr. Mardis, you've gone over your rights MS. SONAGGERA: Your Honor, is that to run consecutive or concurrent? THE COURT: Doesn't matter. Six months. MR. BLAU: Well, it has to be concurrent. I mean, I don't think you can defer.

31 0 MS. SONAGGERA: That's right. I'm sorry. You can't -- MR. BLAU: You can't run deferred consecutively. MS. SONAGGERA: Sorry. Sorry. THE COURT: And that's unsupervised. A hundred dollar victims compensation; 00 per count; thousand dollar fine. Is there any other fees that MR. HADDOCK: Your Honor, there's one small thing I must advise the Court. Under this statute because it carries a fine, the imposition of a fine does, in fact, constitute a felony conviction. So if the Court is wanting to impose something ln lieu of a fine I think there's a statute that authorizes the assessment, a judicial assessment in lieu of fine, because the statute carries either time or a fine. So by imposing a fine you in essence have issued a conviction. MR. BLAU: If you want to do a VCA, that's fine. THE COURT: Make it a thousand dollar VCA. MR. BLAU: That's fine. MR. HADDOCK: I believe that's -- ~ THE COURT: No fine with a thousand dollar ~ Victim Compensation Assessment.

32 : ~klahoma ~ ertified Shorthand Reporter CSR # My Certificate Expires "l..-z0l"\ Mr. Mardis, you've gone over your right to appeal, do you understand it? THE DEFENDANT: Yes, sir. THE COURT: A year to payoff the cost. A year to pay the cost. MR. BLAU: Okay. THE COURT: You can pay it as soon as you want, but six months unsupervised. And in lieu of the community service you can pay it off at a dollar an 0 hour and I'll give you a year to do that. MS. SONAGGERA: Your Honor, I'm sorry. I have to interrupt on that point, not to... with all due respect, the statute specifically says that can only be done when the defendant does not have the ability to do the community service. I understand Mr. Mardis is not years old. Please-- THE COURT: I'll strike the community service. MR.. BLAU: Thank you. THE COURT: Okay. Anything further? MR. BLAU: Nothing from the Defense, Your Honor. THE COURT: Anything further from the State? MS. SONAGGERA: No, Your Honor. MR. HADDOCK: (Shakes head.) MR. BLAU: Thank you. (Whereupon, proceedings concluded at : p.m.)