IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
THE UNITED STATES OF AMERICA, )
PLAINTIFFS, )
)
-V- )
) CRIMINAL ACTION
STEPHEN SEMPLE, ) 87-61
WILLIAM THOMAS, ) 87-62
PHILIP JOSEPH, ) 87-63
ELLEN THOMAS, )
DEFENDANTS. )
______________________________)
TUESDAY, DECEMBER 15, 1987
WASHINGTON, D.C.
THE ABOVE-ENTITLED MATTER CAME ON FOR TRIAL BEFORE THE HONORABLE CHARLE R RICHEY, UNITED STATES DISTRICT JUDGE, COURTROOM NO. 11, COMMENCING AT APPROXIMATELY 3:40 P.M.
APPEARANCES:
MARK DUBESTER, ESQ.
BARBARA VAN GELDER, ESQ.
ON BEHALF OF THE GOVERNMENT
MONA ASINER, ESQ.
TOBERT HURLEY, ESQ.
ON BEHALF OF THE DEFENDANTS
ISRAEL VANBRAMER
COURT REPORTER
4806 U.S. COURTHOUSE
WASHINGTON, D.C. 20001
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... ALWAYS BEEN THAT WAY. SO I DON'T BELIEVE I AM GUILTY.
THE COURT: ALL RIGHT. THE COURT HAS HEARD FROM THE GOVERNMENT AND HEARD THE DEFENDANTS, AND EACH OF THEM. AND THE COURT IS PREPARED TO RULE MERELY IN THE ORDER OF THE INFORMATION BEFORE THE COURT. STEPHEN SEMPLE, COME FORWARD. IN FACT, ALL OF YOU COME FORWARD.
MARSHAL.
MR. HURLEY: SHOULD COUNSEL COME FORWARD?
THE COURT: YES, ABSOLUTELY.
STEPHEN SEMPLE,AS YOU KNOW, YOU ARE CHARGED WITH CAMPING ON OR ABOUT DECEMBER 22, 1986, IN LAFAYETTE PARK ACROSS FROM 1600 PENNSYLVANIA AVENUE, OTHERWISE KNOWN AS THE "WHITE HOUSE", CAMPING, AS DEFINED IN SECTION 7.96(I) OF VOLUME 36 OF THE CODE OF FEDERAL REGULATIONS.
WILLIAM THOMAS, YOU ARE CHARGED WITH THE SAME OFFENSE IN VIOLATION OF THE SAME REGULATION.
MR. PHILIP JOSEPH, YOU ARE CHARGED WITH THE SAME OFFENSE AND WITH VIOLATION OF THE SAME REGULATION.
AND ELLEN B. THOMAS, YOU ARE CHARGED WITH THE SAME OFFENSE AND WITH VIOLATION OF THE SAME REGULATION, ALL HAVING OCCURRED ON DECEMBER 22, 1986.
THE COURT HAS CAREFULLY CONSIDERED THE EVIDENCE WITH RESPECT TO THE CHARGE SET FORTH IN THE INFORMATION BEFORE THE COURT. EACH OF YOU DEFENDANTS KNOW AND ARE AWARE OF THE FACT THAT THIS COURT, AT LEASE, TAKES ITS OBLIGATIONS VERY
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SERIOUSLY TO DO JUSTICE IN ACCODANCE WITH LAW.
IN FACT, IN HTIS VERY CASE, THE COURT DISMISSED THESE INFORMATIONS BASED UPON THE FREE EXERCISE CLAUSE OF THE 1ST AMENDMENT. AN APPEAL FOLLOWED, AND WAS TAKEN, AS THEY HAD EVERY RIGHT TO DO, BY THE UNITED STATES. AND THE COURT OF APPEALS OF THIS CIRCUIT REVERSED THIS COURT AND HELD THAT THE REGULATIONS -- THE STATUTE AND THE REGULATIONS HAD A VALID GOVERNMENTAL PURPOSE AND WERE CONSTITUTIONAL AND OTHERWISE APPROPRIATE AND PROPER.
THE ISSUE BEFORE THE COURT TODAY IS WHETHER YOU, AND EACH OF YOU, VIOLATED THE CAMPING REGULATIONS REFERRED TO IN THE INFORMATION WHICH THE COURT HAS JUST REFERRED TO ALSO. CAMPING IS DEFINED AS THE USE OF PARK LAND FOR LIVING ACCOMMODATION PURPOSES, SUCH AS SLEEPING ACTIVITIES, OR MAKING PREPARATIONS TO SLEEP, INCLUDING THE LAYING DOWN OF BEDDING FOR THE PURPOSE OF SLEEPING, OR STORING PERSONAL BELONGS, ET CETERA, ET CETERA, ET CETERA, NOT APPLICABLE HERE.
THE REGULATION THEN GOES ON TO SAY THAT THE ABOVE LISTED ACTIVITIES CONSTITUTES COMPING WHEN IT REASONABLY APPEARS IN THE LIGHT OF ALL THE CIRCUMSTANCES THAT THE PARTICIPANTS CONDUCTING THESE ACTIVITIES ARE, IN FACT, USING THE AREA AS A LIVING ACCOMMODATION, REGARDLESS OF THE INTENT OF THE PARTICIPATES OR THE NATURE OF ANY OTHER ACTIVITIES IN WHICH THEY MAY ALSO BE ENGAGED.
THE COURT FINDS THAT THE GOVERNMENT HAS PROVED
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BEYOND A REASONABLE DOUBT YOU THREE GENTLEMEN, AND YOU, MRS. THOMAS, HAVE EACH, IN FACT, VIOLATED THE CAMPING REGULATIONS THAT THE COURT HAS JUST QUOTED FROM AND REFERRED TO AND IS REFERRED TO IN THE INFORMATION CHARGING YOU WITH THIS OFFENSE.
EACH OF YOU ARE GUILTY
WHAT IS THE MATTER?
THE MARSHAL: NOTHING, YOUR HONOR.
THE COURT: EACH OF YOU ARE GUILTY BEYOND A REASONABLE DOUBT WHETHER IT BE OF SLEEPING OR USING THE PARK LAND FOR LIVING ACCOMMODATIONS OR THE MAKING PREPARATIONS TO SLEEP, INCLUDING THE LAYING DOWN OF BEDDING FOR THE PURPOSE OF SLEEPING.
NOW, EACH OF YOU HAD FACILITIES IN THE FORM OF BAGS -- NOT BAGS, BUT SLEEPING BAGS IN SOME INSTANCES, BLANKETS IN OTHERS, AND ACCOMMODATIONS THAT WOULD FACILITATE, BOTH UNDER YOUR BODIES AND OVER YOUR BODIES, FOR SLEEP.
WHETHER YOU WERE, IN FACT, SLEEPING IS REALLY NOT THE ISSUE. THE ISSUE IS WHETHER YOU, IN FACT, SLEPT IN SOME INSTANCES, WHICH COULD BE THE CAUSE OF AN ARREST AND THE CHARGE, OR WHETHER YOU WERE USING THE PARK FOR THE PRUPOSE OF MAKING PREPARATION FOR SLEEP. AND IN EITHER EVENT IN THIS PARTICULAR CASE, ALL OF YOU WERE DOING EITHER ONE OR BOTH.
MOREOVER, THE COURT FINDS IT REASONABLE TO CONCLUDE THAT YOU NOT ONLY WERE DOING THOSE THINGS, BUT THAT IN THE LANGUAGE OF THE REGULATION THAT CONSTITUTES CAMPING; AND THAT
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YOU WERE ON THE DAY IN QUESTION, NAMELY, DECEMBER 22, 1986, USING THE LAFAYETTE PARK AREA AS A LIVING ACCOMMODATION.
AND "IT MAKES NO DIFFERENCE," TO BORROW A PHRASE FROM THE REGULATION, OF YOUR INTENT, THAT IS "YOU" INDIVIDUALLY AN COLLECTIVELY, AND IT MAKES NO DIFFERENCE UNDER THE REGULATION AND ITS PRECISE LANGUAGE AS TO HOW LAUDABLE OR OTHERWISE THE ACTIVITIES IN WHICH YOU WERE ENGAGED WERE AT THE PARTICULAR TIME.
IN OTHER WORDS, IF YOU WERE ENGAGED IN THE GREATEST MISSION ON EARTH, THE COURT DOES NOT QUESTION YOUR MOTIVES OR ANYTHING ELSE. THAT IS NOT FOR THE COURT TO SIT HERE AND JUDGE. YOU MAY HAVE BEEN ENGAGED, FOR THE PURPOSES OF ARGUMENT, IN ONE OF HTE NOBLEST VENTURES OF HUMAN KIND. BUT THAT IS IRRELEVANT TO THE CHARGE BEFORE THE COURT WITH WHICH YOU HAVE BEEN NOW CONVICTED.
SO GENTLEMEN AND LADY, AS THE COURT HAS PREVIOUSLY ARTICULATED, YOU ARE GUILTY BEYOND A REASONABLE DOUBT, EACH AND EVERYONE OF YOU, OF VIOLATING THE CAMPING REGULATIONS SET OUT IN VOLUME 36 OF THE FEDERAL CODE OF REGULATIONS, SECTION 7.965, AS CHARGED.
THE COURT WILL DIRECT THAT EACH AND EVERY ONE OF YOU APPEAR IN THIS COURT TOMORROW MORNING AT 10:00 A.M. IN THE UNITED STATES PROBATION OFFICE TO MAKE AN APPOINTMENT FOR YOUR INITIAL INTERVIEW; AND DIRECTS FURTTHER THAT YOU PARTICIPATE FULLY AND COOPERATIVELY IN THE PREPARATION OF A PRESENTENCE
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INVESTIGATION REPORT.
AND AS SOON AS THE COURT HAS IT, THE COURT WILL CONTACT THOSE OF YOU WHO HAVE GIVEN YOUR POST OFFICE ADDRESS, AND THOSE OF YOU WHO HAVE LAWYERS, AND MISS GALLANT AT THAT ADDRESS, OR MR. AND MRS. THOMAS, AND ADVISE YOU OF THE SENTENCING DATE.
NOW, IF YOU ARE NOT BACK HERE ON THE DATE SET FOR SENTENCE, WHICH WILL BE MAILED TO YOU, HTAT NOTICE, A BENCH WARRANT WILL ISSUE FOR EACH OF YOU FOR YOUR ARREST. AND YOU COULD BE CHARGED WITH BAIL JUMPING. THAT CARRIES WITH IT A POSSIBLE TERM OF IMPRISONMENT OF UP TO FIVE YEARS AND A VERY SUBSTANTIAL FINE OF NEARLY $200,000 OR BOTH.
THAT FINE, THAT JAIL SENTENCE COULD BE MADE TO RUN CONSECUTIVE TO, OR IN ADDITION TO, THE EXPOSURE YOU FACE IN THIS PARTICULAR CASE. SO I URGE TO YOU ALL, WITH THE FORCE AT MY COMMAND, TO BE HERE TOMORROW MORNING TO COOPERATE WITH THE PROBATION OFFICE OF THIS COURT, AND THEN TO OBEY THE COMMAND OF THE LETTER TO BE BACK AGAIN IN THIS COURTROOM OF THIS COURTHOUSE -- THIS IS COURTROOM 11 -- FOR SENTENCING WHEN THE CLERK NOTIFIES YOU AFTER IT RECEIVES -- THE COURT RECEIVES THE PRESENTENCE INVESTIGATION REPORT.
INCIDENTALLY, APPROXIMATELY FIVE DAYS BEFORE THE COURT IMPOSES SENTENCE, EACH OF YOU WILL BE GIVEN AN OPPORTUNITY TO READ PRESENTENCE INVESTIGATION REPORT TO STUDY IT AND DISCUSS IT WITH THE PROBATION OFFICE. SO AGAIN, I URGE
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YOU TO COOPERATE WITH THE PROBATION OFFICE OF THIS COURT AND BE BACK HERE AS I SAID.
THE COURT WILL RELEASE YOU, EACH OF YOU, ON YOUR OWN PERSONAL RECOGNIZANCE PENDING SENTENCING.
ANYTHING ELSE TONIGHT, FROM THE GOVERNMENT FIRST?
MR. DUBESTER: NO, YOUR HONOR.
THE COURT: FROM ANY OF THE DEFENDANTS OR FROM THEIR LAWYERS?
MR. SEMPLE: I WOULD LIKE TO KNOW, I HAVE BEEN OUT THERE OVER A YEAR NOW, 15 MONTHS MAYBE. I WOULD LIKE TO KNOW --
THE COURT: IF YOU GOING TO GO BACK AND DOING WHAT YOU ARE CHARGED WITH AND CONVICTED OF IN THIS COURT TODAY -- I DON'T KNOW WHAT HAPPENED BEFORE JUDGE FLANNERY. YOU DON'T KNOW.
MT. SEMPLE: HE HASN'T RULED ON IT YET. i HAVE TWO OTHER CASES IN THE COURT OF APPEALS.
THE COURT: I DON'T KNOW WHAT YOU HAVE DONE. IF YOU ARE GOING BACK THERE TONIGHT AND DO THE SAME THING, I WOULD URGE YOU, IN THE MOST FRIENDLY FASHION I COULD, NOT TO DO IT.
MR. SEMPLE: WELL, I DON'T FIND THE COURT TO BE FRIENDLY AT ALL.
THE COURT: I SAY THIS IN THE MOST FRIENDLY AND COMPASSIONATE WAY I POSSIBLY CAN. i WOULDN'T DO IT. IT IS A VIOLATION OF THE LAW FOR YOU AND MR. THOMAS, MRS. THOMAS AND FOR MR. JOSEPH.
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MR. SEMPLE: SO ARE YOU SAYING THAT OUR 1ST AMENDMENT RIGHTS NO LONGER EXIST?
THE COURT: LET ME TELL YOU SOMETHING, YOUNG MAN. THIS COURT RULED BACK IN 1973 ON BAHALF OF THE VIETNAM WAR VETERANS THAT THEY COULD HAVE THE PERMIT IN THE MALL TO PETITION IN THE MANNER THAT THEY DID AS SOLDIERS OF VIETNAM. I WROTE A LONG OPINION. THE COURT OF APPEALS REVERSED AND SAID I ERRED.
THE COURT DISMISSED THESE INFORMATIONS, THESE CHARGES AGAINST MR. THOMAS AND ALL THE OTHER THREE OF YOU. THAT WAS REVERSED. I AM HERE TO UPHOLD THE LAW. THERE IS NO 1ST AMENDMENT RIGHT INSOFAR AS THE APPELLATE COURTS ARE CONCERNED UNDER THESE REGULATIONS. THEY ARE VALID. THEY HAVE BEEN HELD TO BE VALID. THAT IS ALL.
MR. SEMPLE: CONGRESS DIDN'T PASS THE LAWS; THE ADMINISTRATION PASSED THEM.
MR. THOMAS: I THINK I CAN SAVE SOME TIME. I HAVE NO ALTERNATIVE BUT TO GO BACK AND DO WHAT I WAS DOING.
THE COURT: YOU DO WHATEVER YOU THINK IS BEST. IS AM NOT A POICEMAN. MR. THOMAS, I THINK YOU HAVE OBSERVED THIS COURT ON MANY OCCASIONS. YOU KNOW THE COURT TO BE CONSCIENTIOUS, HARD-WORKING.
MR. THOMAS: TRUE.
THE COURT: HOPEFULLY WHETHER YOU AGREE OR DISAGREE WITH MY DECISION, YOU WILL ALWAYS FEEL I AM FAIR IN DOING MY
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MR. THOMAS: YOU ARE DOING YOUR DUTY THE BEST YOU CAN WITH YOUR PERCEPTION. I THINK IT WOULD SAVE US ALL A LOT OF TIME AND ENERGY IF YOU JUST SENTENCED ME TO THE MAXIMUM SENTENCE TODAY.
THE COURT: I WILL TELL YOU WHAT, MR. THOMAS, I WILL NEVER -- I HAVE ONLY DONE IT ONCE IN MY LIFE. I WILL NEVER DO IT AGAIN. THERE IS NOW A PROHIBITION AGAINST IT AS OF NOVEMBER 1, 1984, ABOUT SENTENCING SOMEBODY WITHOUT THE BENEFIT OF A PRESENTENCE INVESTIGATION REPORT. IT IS TO ALL OF YOUR INTERESTS TO HAVE IT DONE AND NOT GO DOWN THERE AND BE SMART-ALECKY.
MR. THOMAS: I HAVE TRIED TO COOPERATE.
THE COURT: I DON'T THINK YOU HAVE, SIR. WAIT A MINUTE. COOPERATE WITH THE PROBATION OFFICER WHO WILL WRITE THE PRESENTENCE REPORT AND YOU WILL HAVE AN OPPORTUNITY TO READ IT BEFORE I IMPOSE SENTENCE.
MR. THOMAS: YOU CAN SAVE US A LOT OF TROUBLE BECAUSE I WILL PROBABLY WIND UP IN CONTEMPT BECAUSE I WILL NOT COOPERATE.
THE COURT: WELL, YOU HAVE HEARD THE COURT'S RECOMMENDATION AND PLEA TO YOU. AND THAT IS ALL. THE CORUT IS IN RECESS.
MRS. THOMAS: MAY I SAY SOMETHING?
THE COURT: OF COURSE, YOU MAY, MRS. THOMAS. I HAVE
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ALWAYS LISTENED TO YOU BEFORE.
MRS. THOMAS: WELL, I REALLY HAD SOME HOPE THAT THERE WOULD BE SOME JUSTICE FROM THIS COURT. I AM VERY DISAPPOINTED.
THE COURT: THAT IS ALL RIGHT. YOU HAVE EVERY RIGHT TO BE.
MRS. THOMAS: I AM GOING TO PRAY REAL HARD FOR YOU. I WANT YOU TO UNDERSTAND THAT I USED TO BELIEVE THERE WAS A POSSIBILITY FOR JUSTICE IN THSI COUNTRY. I HAVE CHANGED MY MIND. WHAT MR. THOMAS JUST SAID, I JOIN IN. I AM THROUGH COOPERATING WITH THE COURT ECAUSE, OBVIOUSLY, THE COURT DOES NOT CARE ABOUT WHAT IT IS WE ARE DOING, ABOUT THE TRUTH OF WHAT WE ARE TRYING TO SAY, ABOUT THE HARDSHIPS WE ARE LIVING UNDER.
AND I THINK THAT IT IS TRAGIC THAT YOU DIDN'T HAVE THE COURAGE DO FOLLOW UP ON YOUR ORIGINAL DECISION AND GO BACK TO THE COURT OF APPEALS WITH AN ACQUITTAL. I AM REALLY DISAPPOINTED, YOUR HONOR.
THE COURT: THAT IS YOUR RIGHT. YOU CAN REMAIN DISAPPOINTED. THE LAWYERS DO THAT, MRS. THOMAS. YOU CAN DO -- AS I SAID BEFORE, YOU CAN ENGAGE IN THE GREATEST CAUSE IN THE WORLD, BUT THE FACT IS WE ARE ALL HERE TODAY TO DETERMINE WHETHER YOU VIOLATED THE REGULATION. THAT IS WHAT THE EVIDENCE SHOWS.
MRS. THOMAS: I AM NOT.
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THE COURT: THANK YOU. THE COURT IS IN RECESS.
(WHEREUPON, AT 8:00 P.M., THE TRIAL IN THE ABOVE-ENTITLED CASE WAS RECESSED.)
REPORTER'S CERTIFICATE
THIS RECORD IS CERTIFIED BYT HE UNDERSIGNED TO BE THE OFFICIAL TRANSCRIPT IN THE ABOVE-ENTITLED CASE.
ISRAEL VANBRAMER (signed)
OFFICIAL COURT REPORTER