MR. JOSEPH: Yeah, like the history of bad checks
or anything, I paid for any checks that I ever wrote, paid for
any bad checks that I wrote. There were only three checks and
the counts are there. Early on in times of my life, I marked the
same, as Mr. Thomas does, a large change in my life in the last
year and a half. Things from maybe my past, a year and a half
ago, sometimes I think they're not people's business, because
I consider what I've gone through a large revelation. Having no
direction and just a drifter and somewhere to be, I think is,
is rather false, and I'm very strong in what I believe in. I don't
put it in legal
language, and that is why I do follow Thomas's motion or Thomas's
lawyer. It's not my job to do that. I have much faith in God,
and whatever occurs, occurs, and what I do what I do wherever
I go, which is to spread the word, and if sentencing brings me
into jail, it doesn't matter. It's just God's will, because I
do whatever I do wherever I go, and I do have a job, and my job
will never change. My job stays the same, and I think, and I can
never be fired, so whatever happens here doesn't really matter.
I do what I do wherever I go.
THE COURT: All right Mr. Joseph, you may be seated
right there across from Mr. Thomas.
Call the next case, Mr. Clerk.
THE CLERK: Criminal 87-0061, United States of
America vs. Stephen Semple, or Mr. Sunrise. For the government,
Mark DuBester, For the defendant, Mona Asiner, Mr. Sunrise.
THE COURT: Mr. Semple, Sunrise.
THE CLERK: Please raise your right hand, sir.
MR. SEMPLE: I always tell the truth the best I can.
THE COURT: Is your answer "yes"?
MR. SEMPLE: Yes, sir, I affirm.
THE COURT: All right. Ms. Asiner, do you have anything
you wish to say before the court imposes sentence?
MS. ASINER: I do, Your Honor, and I discussed that
with Sunrise, and he has asked that he alone be allowed
to address the court on his behalf.
THE COURT: All right. Is there anything, Ms Asiner,
in the presentence investigation report regarding your client,
material to sentencing, which is claimed to be inaccurate?
MS. ASINER: Well, in my judgment, no, however in
Sunrise's judgment, they are material things.
THE COURT: What are they?
MS. ASINER: And he has typed up the document with
them all spelled out, Your Honor.
THE COURT: Very well. Mr. Semple you may proceed.
MR. SEMPLE: I don't have a copy of the presentence
THE COURT: Have you read it?
MR. SEMPLE: Yeah.
THE COURT: When did you read it?
MR. SEMPLE: I read it twice, I think last week.
THE COURT: You read it twice?
MR. SEMPLE: (Nodding head affirmatively)
THE COURT: All right, furnish him with a copy, Mr.
Probation Officer. And, of course, I'm going to ask you in what
respect it is inaccurate, insofar as any portion thereof is material
MR. SEMPLE: Well, I would say in general that it's
a misrepresentation of me as an individual.
THE COURT: All right, Mr. Hunter let him see it.
In what respect is it inaccurate or materially inaccurate that
is material to sentencing?
MR. SEMPLE: Okay, on the first page, there's an
error as far as sentence by Judge Oberdorfer on the same charges.
THE COURT: Yes.
MR. SEMPLE: Number two of the probation conditions,
it's on the front page there.
THE COURT: Page what?
MR. SEMPLE: It's just like on the front page. I
don't know if you have a copy the same as this.
THE COURT: Oh, yes.
MR. SEMPLE: Yeah, number two, removed self from
park five consecutive hours for sleeping. The judge never said
that I should leave for sleeping; he said I could leave for any
reason that I chose.
THE COURT: All right. That isn't false, then; that's
not really material, is it?
MR. SEMPLE: Well, I think everything's material
sir. I think everything is pertinent, necessary.
THE COURT: All right, what else is inaccurate that
is material to sentencing?
MR. SEMPLE: Well, I would like to just go toward
the recommendations from the Probation Office.
THE COURT: All right, what page? Page 6.
MR. SEMPLE: I guess so.
THE COURT: Do you want to look at it? What page?
MR. SEMPLE: I'm still looking for it, Your Honor.
THE COURT: I don't know what you're talking about.
MR. SEMPLE: What was that?
THE COURT: I don't know where it is that you're
MR. SEMPLE: Well, there was a recommendation from
the Probation Office. Maybe they've changed it. It looks like
they have changed it. Have there been changes? (Off-record with
THE COURT: Yes, Ms. Asiner, maybe you can help.
MS. ASINER: I think what happened is that Sunrise
was mistakenly given the last page that's traditionally not given,
and I think that will clear that up.
THE COURT: Thank you.
Case Listing --- Proposition
One ---- Peace Park