Attorney Allain Marain

Criminal Defense Lawyers - Trial Transcript 3

Superior Court of New Jersey
Criminal Division - Middlesex County
Indictment No. I-139-01-98

State of New Jersey, Complainant, vs. Transcript of Proceedings Verdict BETTY RILES, Defendant.

Place: Middlesex County Courthouse One Kennedy Square
New Brunswick, New Jersey
Date: March 29, 1999

Before

Honorable Frederick P. De Vesa, J.S.C., and a Jury
Transcript Ordered by: Allan Marain, Esq.

Appearances

Raymond Storch, Esq.
Middlesex County Assistant Prosecutor
Attorney for the State
ALLan Marain, Esq.
Attorney for the Defendant
Kathleen Sperduto, C.S.R., R.M.R.
Official Court Reporter
Middlesex County Courthouse
One Kennedy Square
New Brunswick, New Jersey

Verdict 2
  1. (The Judge entered the courtroom.)
  2. THE SHERIFF'S OFFICER: Jury in.
  3. (The jury entered the courtroom at 10:10 a.m. including alternates.)
  4. THE CLERK: Ladies and gentlemen of the jury, have you arrived upon a verdict? Madame forelady, have you arrived upon a verdict?
  5. JUROR KAMIS: Yes, we have.
  6. THE CLERK: Is the verdict to be returned a unanimous verdict?
  7. JUROR KAMIS: Yes.
  8. THE CLERK: How do you find as to count one of the indictment charging the defendant with conspiracy to possess heroin with intent to distribute?
  9. JUROR KAMIS: Not guilty.
  10. THE CLERK: How do you find as to count two of the indictment charging the defendant with possession of heroin?
  11. JUROR KAMIS: Not guilty.
  12. THE CLERK: How do you find as to count two of the -- three of the indictment charging the defendant with possession of heroin with intent to distribute?
  13. JUROR KAMIS: Not guilty.
  14. THE CLERK: How do you find as to the charge ...
Verdict 3
  1. ... of remaining in a public place for the purpose of obtaining or selling controlled dangerous substances?
  2. JUROR KAMIS: Guilty.
  3. THE CLERK: Okay. After your name is called please answer if you agree or disagree with the forelady's verdict? Virginia Kamis.
  4. JUROR KAMIS: Yes.
  5. THE SHERIFF'S OFFICER: One.
  6. THE CLERK: Jaraman Balachandar.
  7. JUROR BALACHANDAR: Agree.
  8. THE SHERIFF'S OFFICER: Two.
  9. THE CLERK: Mary Eichler.
  10. JUROR EICHLER: Agree.
  11. THE SHERIFF'S OFFICER: Three.
  12. THE CLERK: Edith Klem.
  13. JUROR KLEM: I agree.
  14. THE SHERIFF'S OFFICER: Four.
  15. THE CLERK: James Worsham.
  16. JUROR WORSHAM: Agree.
  17. THE SHERIFF'S OFFICER: Five.
  18. THE CLERK: Jack Valente.
  19. JUROR VALENTE: Agree.
  20. THE SHERIFF'S OFFICER: Six.
  21. THE CLERK: Ester Vickers.
  22. JUROR VICKERS: Agree.
Verdict 4
  1. THE SHERIFF'S OFFICER: Seven.
  2. THE CLERK: John Olivira.
  3. JUROR OLIVIRA: Agree.
  4. THE SHERIFF'S OFFICER: Eight.
  5. THE CLERK: Patrick Digangi.
  6. JUROR DIGANGI: I agree.
  7. THE SHERIFF'S OFFICER: Nine.
  8. THE CLERK: Pamela Lutes.
  9. JUROR LUTES: I agree.
  10. THE SHERIFF'S OFFICER: Ten.
  11. THE CLERK: Sharon Huff.
  12. JUROR HUFF: I agree.
  13. THE SHERIFF'S OFFICER: Eleven.
  14. THE CLERK: Louise Hall Fisher.
  15. JUROR FISHER: I agree.
  16. THE SHERIFF'S OFFICER: Twelve.
  17. THE COURT: All right. Ladies and gentlemen, that concludes your service as jurors in this matter. I'm sure by now you have come to appreciate how very important and difficult it is to serve as a juror. These are very difficult questions of fact that must be resolved, and under our system of law these questions can only be resolved by ordinary citizens. So I want to again thank you for your willingness to participate. I know you paid careful attention to the evidence in ...
Verdict 5
  1. ... this matter, and I know that you performed your service as jurors to the best of your ability. Our system of criminal justice requires and anticipates that jury deliberations will remain confidential, and that is how that prospective jurors can always expect that their deliberations would also remain confidential. No one is permitted to question you about why you reached this result or about your deliberations. You're entitled to keep them confidential and you don't have to speak to anyone about your deliberations. Please understand that if you ever did speak to anyone about your deliberations and that they reported that matter to the Court and it raised questions then it would be possible that you would have to come back and explain whatever it is that you said under oath in some type of a proceeding to find out what exactly was said. So, please keep in mind your deliberations are confidential. In any event, again, I want to thank you very much. You are now excused and I hope that you have learned a great deal about our system of law. Thank you.
  2. (The jury exited the courtroom.)
  3. THE COURT: All right. Counsel, any matters that you want to address before I order a presentence ...
Verdict 6
  1. ... report in this matter?
  2. MR. MARAIN: No, your Honor.
  3. THE COURT: Mr. Storch?
  4. MR. STORCH: No, your Honor.
  5. THE COURT: All right. I am going to order a presentence report in this case. It is my recollection this is the only outstanding charge pending against Ms. Riles, is that correct?
  6. MR. MARAIN: That is all that I am aware of.
  7. THE COURT: Mr. Storch?
  8. MR. STORCH: That is all I know.
  9. THE COURT: Okay. So I will order a presentence report and, let's see --
  10. MR. MARAIN: Judge, I will be away the weeks of April 26th and May 3rd.
  11. THE COURT: Okay.
  12. MR. MARAIN: I will also be away on the day -- on the days of May 14 and May 17.
  13. THE COURT: Would that make you here on May 10th?
  14. MR. MARAIN: I will be here May 10th.
  15. THE COURT: All right. Then let's schedule sentencing for May 10th. Now, also, Mr. Marain, I guess you can confirm, Ms. Riles, as I recall, is not on probation or parole at this time?
Verdict 7
  1. MR. MARAIN: That is correct.
  2. THE DEFENDANT: No, I'm not on parole.
  3. THE COURT: So this would be a great sentencing on the charge of remaining in a public place for failure to -- I mean with purpose to obtaining or sell C. D. S., and sentencing will take place on May 10th and we need a notice for Ms. Riles. Okay. Counsel, thank you very much.
  4. MR. MARAIN: Thank you.
  5. THE COURT: Sorry we had to come back here today but . . .
  6. (The proceeding concluded.)
Certification

I, KATHLEEN SPERDUTO, C.S.R., License Number XI01151, an Official Court Reporter in and for the State of New Jersey, do hereby certify the foregoing to be prepared in full compliance with the current Transcript Format for Judicial Proceedings and is a true and accurate compressed transcript of my stenographic notes taken in the above matter to the best of my knowledge and ability.

Kathleen Sperduto, C.S.R., R.M.R.
Official Court Reporter
Middlesex County Courthouse
One Kennedy Square
New Brunswick, New Jersey
Date: July 28, 2000

Client Reviews
★★★★★
Mr. Marain I just wanted to take the opportunity to thank you again. I don't have enough words to express my feelings, I am just extremely thankful that I had you as an attorney. I wish you and your family the best. J.L.
★★★★★
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★★★★★
Mr. Marain got right to work on my case. And didn't stop until it was taken care of. A very nice man and a professional. I am happy I got hooked up with him. T.S.C.
★★★★★
Mr. Marain is an excellent attorney. He represented me very well. I had an excellent attorney on my side. I would recommend Mr. Marain without any reservations. F.M.M.
★★★★★
I would strongly recommend Mr. Marain. His follow-ups that explained the progress and status of the case were very helpful and informative. It was a pleasure using your services. S.P.H.