CLOSED

U.S. District Court
Northern District of New York - Main Office (Syracuse) [LIVE - Version 5.0.3] (Syracuse)
CRIMINAL DOCKET FOR CASE #: 5:01-cr-00418-NAM-2


Case title: USA v. Parker, et al
Date Filed: 09/19/2001
Date Terminated: 03/31/2005
Assigned to: Judge Norman A. Mordue

Defendant (2)
Parker Environmental Management Group, Inc.
TERMINATED: 03/31/2005 		represented byKevin E. Maldonado
Office of Kevin E. Maldonado
844 Sunside Road
Cairo, NY 12413
518-622-0443
Fax: 518-622-9960
Email: kevinmaldonado@starband.net
TERMINATED: 10/02/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Kristin Carter Rowe
Young, Sommer Law Firm
Executive Woods
Five Palisades Drive
Albany, NY 12205
518-438-9907
Fax: 518-438-9914
Email: ROWECREW@comcast.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)		 Defendant Corporation is sentenced on Counts 1s-15s and 17s; Defendant Corporation is sentenced to 24 months of probation to be served concurrently; The Probation shall be suspended upon the Court and USPO being notified that Deft. Corporation has been formally dissolved; Special Conditions imposed; Special Assessment fee of $4,400.00 due immediatley; Appeal rights explained
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s-6s)		 Dismissed
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(7s-11s)		 Defendant Corporation is sentenced on Counts 1s-15s and 17s; Defendant Corporation is sentenced to 24 months of probation to be served concurrently; The Probation shall be suspended upon the Court and USPO being notified that Deft. Corporation has been formally dissolved; Special Conditions imposed; Special Assessment fee of $4,400.00 due immediatley; Appeal rights explained
42:9603B.F FAILURE TO NOTIFY/FALSE INFORMATION
(12s-13s)		 Defendant Corporation is sentenced on Counts 1s-15s and 17s; Defendant Corporation is sentenced to 24 months of probation to be served concurrently; The Probation shall be suspended upon the Court and USPO being notified that Deft. Corporation has been formally dissolved; Special Conditions imposed; Special Assessment fee of $4,400.00 due immediatley; Appeal rights explained
18:1503.F INFLUENCE/INJURING OFFICER/JUROR/WITNESS
(14s)		 Defendant Corporation is sentenced on Counts 1s-15s and 17s; Defendant Corporation is sentenced to 24 months of probation to be served concurrently; The Probation shall be suspended upon the Court and USPO being notified that Deft. Corporation has been formally dissolved; Special Conditions imposed; Special Assessment fee of $4,400.00 due immediatley; Appeal rights explained
18:1341.F FRAUDS AND SWINDLES
(15s)		 Defendant Corporation is sentenced on Counts 1s-15s and 17s; Defendant Corporation is sentenced to 24 months of probation to be served concurrently; The Probation shall be suspended upon the Court and USPO being notified that Deft. Corporation has been formally dissolved; Special Conditions imposed; Special Assessment fee of $4,400.00 due immediatley; Appeal rights explained
18:287.F FALSE OR FRAUDULENT CLAIMS
(17s)		 Defendant Corporation is sentenced on Counts 1s-15s and 17s; Defendant Corporation is sentenced to 24 months of probation to be served concurrently; The Probation shall be suspended upon the Court and USPO being notified that Deft. Corporation has been formally dissolved; Special Conditions imposed; Special Assessment fee of $4,400.00 due immediatley; Appeal rights explained

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES; On or about 8/00 through 4/01; the exact dates being unknown to the Grand Jury, within the Northern District of NY, and elsewhere, the defts together with others both known and unknown to the grand jury, did knowingly conspire and agree together to violate the Clean Air Act and the Comprehensive, Environmental Response, Compensation & Liability Act (CERCLA) or Superfund related to asbestos abatement and disposal at facilities belonging to the Plattsburg Housing Authority; to accomplish the conspiracy, co-conspirators would remove asbestos without complying with each of the requirements; would dispose of asbests illegally in non-permitted locations throughout Plattsburg, NY, and thereafter not immediately report the release of this asbestos to the National Response Center as required by law; effectuate the conspiracy, co-conspirators performed one or more of the following overt acts with the Northern District of NY: deft Andre Parker held himself out as having a Master's Degree and a PhD when he merely purchase these degrees from a mail order school; co-conspirators failed to notify the US EPA at least 10 days prior to the start of the 8/00 and 3/01 Plattsburg Housing Auth. asbestos abatements; co-conspirators stripped asbestos w/o first adequately wetting it; co-conspirators removed asbestos w/o properly bagging it; co-conspirators disposed of asbestos by dumping at non-permitted locations; co-conspirators did not immediately report the release to the Nat. Resp. Ctr., in
(1)		 dismissed
42:7412.F AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS; on or about 8/00 in the Northern District of NY, defts did knowing cause to be performed or knowing fail to cause to be performed acts at or related to Plattsburg Housing Auth. buildings in Plattsburg, that violated NESHAP asbestos work practice standards with regard to asbestos containing material; defts did not cause written notification to be provided to EPA; defts caused renovation w/o supervision by an onsite rep trainined in NESHAP; defts caused regulated asbestos containing material to be stripped w/o first being wetted; defts caused regulated asbestos containing material to be placed in containers that were not leak tight nor was the regulated asbestos material adeq. wetted; defts caused asbestos to be placed in containers that were not leak tight or adeq. wetted; Count 6-7 same as above; Counts 8-13-defts did knowing cause to be performed or knowingly fail to cause to be performed acts or related to PHA building in Plattsburg; that violated NESHAP asbestos work practice standards with regard to asbestos material to be supervised by a trained repl to be stripped w/o first adequately being wetted; containers that were not adequately wetted; no warning labels; desposited in an authorized waste disposal site as soon as practical all in violation of 42:7412 & 7413(c)(1).
(2-5)		 dismissed
42:7412.F AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS; on or about 8/00 in the Northern District of NY, defts did knowing cause to be performed or knowing fail to cause to be performed acts at or related to Plattsburg Housing Auth. buildings in Plattsburg, that violated NESHAP asbestos work practice standards with regard to asbestos containing material; defts did not cause written notification to be provided to EPA; defts caused renovation w/o supervision by an onsite rep trainined in NESHAP; defts caused regulated asbestos containing material to be stripped w/o first being wetted; defts caused regulated asbestos containing material to be placed in containers that were not leak tight nor was the regulated asbestos material adeq. wetted; defts caused asbestos to be placed in containers that were not leak tight or adeq. wetted; Count 6-7 same as above; Counts 8-13-defts did knowing cause to be performed or knowingly fail to cause to be performed acts or related to PHA building in Plattsburg; that violated NESHAP asbestos work practice standards with regard to asbestos material to be supervised by a trained repl to be stripped w/o first adequately being wetted; containers that were not adequately wetted; no warning labels; desposited in an authorized waste disposal site as soon as practical all in violation of 42:7412 & 7413(c)(1).
(6)		 Dismissed
42:7412.F AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS; on or about 8/00 in the Northern District of NY, defts did knowing cause to be performed or knowing fail to cause to be performed acts at or related to Plattsburg Housing Auth. buildings in Plattsburg, that violated NESHAP asbestos work practice standards with regard to asbestos containing material; defts did not cause written notification to be provided to EPA; defts caused renovation w/o supervision by an onsite rep trainined in NESHAP; defts caused regulated asbestos containing material to be stripped w/o first being wetted; defts caused regulated asbestos containing material to be placed in containers that were not leak tight nor was the regulated asbestos material adeq. wetted; defts caused asbestos to be placed in containers that were not leak tight or adeq. wetted; Count 6-7 same as above; Counts 8-13-defts did knowing cause to be performed or knowingly fail to cause to be performed acts or related to PHA building in Plattsburg; that violated NESHAP asbestos work practice standards with regard to asbestos material to be supervised by a trained repl to be stripped w/o first adequately being wetted; containers that were not adequately wetted; no warning labels; desposited in an authorized waste disposal site as soon as practical all in violation of 42:7412 & 7413(c)(1).
(7-11)		 dismisssed
42:7412.F AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS; on or about 8/00 in the Northern District of NY, defts did knowing cause to be performed or knowing fail to cause to be performed acts at or related to Plattsburg Housing Auth. buildings in Plattsburg, that violated NESHAP asbestos work practice standards with regard to asbestos containing material; defts did not cause written notification to be provided to EPA; defts caused renovation w/o supervision by an onsite rep trainined in NESHAP; defts caused regulated asbestos containing material to be stripped w/o first being wetted; defts caused regulated asbestos containing material to be placed in containers that were not leak tight nor was the regulated asbestos material adeq. wetted; defts caused asbestos to be placed in containers that were not leak tight or adeq. wetted; Count 6-7 same as above; Counts 8-13-defts did knowing cause to be performed or knowingly fail to cause to be performed acts or related to PHA building in Plattsburg; that violated NESHAP asbestos work practice standards with regard to asbestos material to be supervised by a trained repl to be stripped w/o first adequately being wetted; containers that were not adequately wetted; no warning labels; desposited in an authorized waste disposal site as soon as practical all in violation of 42:7412 & 7413(c)(1).
(12)		 Dismissed
42:7412.F AIR POLLUTION PREVENTION/CONTROL-HAZARDOUS AIR POLLUTANTS; on or about 8/00 in the Northern District of NY, defts did knowing cause to be performed or knowing fail to cause to be performed acts at or related to Plattsburg Housing Auth. buildings in Plattsburg, that violated NESHAP asbestos work practice standards with regard to asbestos containing material; defts did not cause written notification to be provided to EPA; defts caused renovation w/o supervision by an onsite rep trainined in NESHAP; defts caused regulated asbestos containing material to be stripped w/o first being wetted; defts caused regulated asbestos containing material to be placed in containers that were not leak tight nor was the regulated asbestos material adeq. wetted; defts caused asbestos to be placed in containers that were not leak tight or adeq. wetted; Count 6-7 same as above; Counts 8-13-defts did knowing cause to be performed or knowingly fail to cause to be performed acts or related to PHA building in Plattsburg; that violated NESHAP asbestos work practice standards with regard to asbestos material to be supervised by a trained repl to be stripped w/o first adequately being wetted; containers that were not adequately wetted; no warning labels; desposited in an authorized waste disposal site as soon as practical all in violation of 42:7412 & 7413(c)(1).
(13)		 dismissed
42:9603B.F FAILURE TO NOTIFY/FALSE INFORMATION-On or about 8/00 the defts being persons in charge of a facility from which asbestos was released, did knowingly fail to immediately notify the NRS as soon as they had knowledge of the release of hazardous substance in an amount more than 1 pound; in violation of 42:9603(a)&(b); Count 15; on or about 3/01 the defts being persons in charge of a facility from which asbetos was released; did knowingly fail to immediately notify the NRA as soon as they had knowledge of the release of hazardous substance of more than 1 pound; in viol. of 42:9603(a&b).
(14-15)		 dismissed
18:1503.F INFLUENCE/INJURING OFFICER/JUROR/WITNESS - On or about 4/18-25/01; the defts did knowingly and corruptly endeavor to influence and impede a federal grand jury and the due adm. of justice by providing false docs that both defts know had been subpoenaed in connection with a lawful grand jury investigation, in vio. of 18:1503.
(16)		 dismissed
18:1341.F FRAUDS AND SWINDLES
(16s)		 Defendant Corporation is sentenced on Counts 1s-15s and 17s; Defendant Corporation is sentenced to 24 months of probation to be served concurrently; The Probation shall be suspended upon the Court and USPO being notified that Deft. Corporation has been formally dissolved; Special Conditions imposed; Special Assessment fee of $4,400.00 due immediatley; Appeal rights explained
18:1341.F FRAUDS AND SWINDLES-On or about 3/15/01; defts did knowing devise a scheme and artifice with intent to defraud and to obtain money and property by means of false and fraudulent pretenses, representations and promises to wit; defts did send by USPS or private comm. interstate carrier a report containing falsified results of lab analysis for asbestos abatement project, in a manner that understated the facts and reports and fraudulently provided laboratory results for air monitoring cassettes, in viol. of 18:1341.
(18)		 dismissed
18:287.F FALSE OR FRAUDULENT CLAIMS
(18s)		 dismissed
18:287.F FALSE OR FRAUDULENT CLAIMS-On or about 3/13/01; defts made and presented to claim for money to be paid by the US Dept. of HUD knowing such claim to be false, made and submitted a claim for payment related to asbestos abatement services at the Plattsburg Hous. Auth., knowing that the work was required to be performed in compliance with law and that such had not ocurred; in viol. of 18:287.
(19)		 dismissed

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

Plaintiff
USA represented byCraig A. Benedict
Office of the United States Attorney - Syracuse
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261-7198
315-448-0672
Fax: 315-448-0658
Email: craig.benedict@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/19/20011 INDICTMENT as to Andre Parker (1) count(s) 1, 2-13, 14-15, 16, 17, 18, 19, Parker Environmental (2) count(s) 1, 2-13, 14-15, 16, 18, 19 (mnm) (Entered: 09/21/2001)
09/19/20012 Minute entry as to Andre Parker, Parker Environmental: Hon. David E. Peebles presiding; CRD Cindy McNulty; Steno: Sue Byrne; Grandy Jury makes a Partial Report and presents Indictment #01-CR-418 (NAM); no special requests made; tally sheet ordered sealed. (mnm) (Entered: 09/21/2001)
10/04/2001  Initial appearance as to Parker Environmental held (Defendant informed of rights.) before Judge Sharpe (kcl) Modified on 10/01/2002 (Entered: 10/01/2002)
11/30/20018 MOTION by Kevin M. Young, Esq for Andre Parker, and Parker Environmental for Issuance of Subpoenas Duces Tecum with Affidavit of Atty Young attached. Hearing set for 10:00 on 1/2/02 before Judge Mordue in Syracuse, Response deadline 12/19/01 for USA (jlm) (Entered: 12/06/2001)
12/05/20019 STIPULATION and ORDER as to Andre Parker, Parker Environmental, to Continue in Interests of Justice; Time Excluded from 12/5/01 to 2/2/02 , reset Motion Filing deadline to 1/23/02 , reset Jury Trial for 9:30 2/25/02 Syracuse (Signed by Judge Norman A. Mordue on 12/5/01) (jlm) (Entered: 12/06/2001)
01/23/200211 MOTION by Kristin Carter Rowe, Esq for defts to Dismiss the Indictment entirely and/or to dismiss several counts as against both defts and/or to grant the Pretrial Omnibus Motion . Hearing set for 10:00 on 2/20/02 in Syracuse before Judge Mordue, Response deadline 2/6/02 for USA. (jlm) (Entered: 01/24/2002)
01/23/200212 MEMORANDUM of LAW by Kristin Carter Rowe, Esq for defts in support of the of [11-1] motion to Dismiss the Indictment entirely and/or to dismiss several counts as against both defts, and in support of the [11-2] Pretrial Omnibus Motion (jlm) (Entered: 01/24/2002)
01/23/200213 AFFIDAVIT of Kristin Carter Rowe, Esq for defts with Exhibits 1-12 attached. Re: In Support of the [11-1] motion to Dismiss the Indictment entirely and/or to dismiss several counts as against both defts, and the [11-2] Pretrial Omnibus Motion (jlm) (Entered: 01/24/2002)
01/23/200214 AFFIDAVIT in Support of Prosecutorial Misconduct of Thomas J. Neidl, Esq on behalf of defts. Re: [11-1] motion to Dismiss the Indictment entirely and/or to dismiss several counts as against both defts, and the [11-2] Pretrial Omnibus Motion (jlm) (Entered: 01/24/2002)
01/23/200215 NOTICE of Good Faith Efforts regarding outstanding discovery issues by Kristin Carter Rowe, Esq for defts (jlm) Modified on 04/17/2002 (Entered: 01/24/2002)
02/13/200216 Letter Request dd 2/12/02 and ORDER by Craig A. Benedict, AUSA for the Gov't requesting a 60-day extension to file a response to the pretrial Motion ; Granted. Response to Motion reset to 4/5/02 for Gov't. (signed by Judge Norman A. Mordue on 2/13/02) (jlm) Modified on 02/13/2002 (Entered: 02/13/2002)
02/14/200217 NOTICE of Hearing as to Andre Parker, and Parker Environmental: The motion scheduled for 2/20/02 is adjourned to 4/17/02 and will be taken on submit. No appearances are necessary. Re: (11-1), (11-2) motions (Signed by Judge Mordue) (jlm) (Entered: 02/19/2002)
02/19/2002  Deadline updated as to Andre Parker, Parker Environmental, Motion Hearing, reset for 10:00 on 4/17/02 as to both defts: re: (11-1), (11-2) motions (jlm) (Entered: 02/19/2002)
04/16/200218 LETTER REQUEST and ORDER by Craig A. Benedict, AUSA for the Gov't requesting a 30-day adjournment to respond to the pending motions; Granted. [11-1] and [11-2] Motions Hearing reset for 6/19/02 on Submit , Response to Motion reset to 5/6/02 for the Gov't (Signed by Judge Norman A. Mordue on 4/16/02 ) (jlm) (Entered: 04/17/2002)
04/18/200219 MEMORANDUM-DECISION and ORDER as to Andre Parker and Parker Environmental, denying without prejudice the [8-1] motion for Issuance of Subpoenas Duces Tecum as to Andre Parker (1), Parker Environmental (2). (Signed by Norman A. Mordue on 4/18/02) (see) (Entered: 04/18/2002)
05/06/200220 RESPONSE In Opposition by Craig A. Benedict, AUSA as to Andre Parker, and Parker Environmental. RE: [11-1] motion to Dismiss the Indictment entirely and/or to dismiss several counts as against both defts, and the [11-2] motion the Pretrial Omnibus Motion (jlm) (Entered: 05/07/2002)
05/06/200221 NOTICE OF INTENT to Use Evidence pursuant to Fed. R. 404(b) filed by Craig A. Benedict, AUSA for the Gov't as to Andre Parker, Parker Environmental (jlm) (Entered: 05/07/2002)
07/22/200222 Supplemental AFFIDAVIT of Matthew J. Swedick, Esq for the USA as to defts Andre Parker and Parker Environmental, Re: new information to the Court's attention relating to a motion presently pending before the Court. (see) (Entered: 07/24/2002)
09/05/200226 MEMORANDUM-DECISION AND ORDER: It is hereby ordered that defendant's application for (1) dismissal of Count 17 of the Indictment is Granted; (2) dismissal of Counts 6 and 12 of the Indictment is Granted; (3) Dismissal of all remaining Clean Air Act counts of the Indictment is Denied; (4) for an order directing the Gov't to serve and file a Bill of Particulars is Denied; (5) For Disclosure by the Gov't of any "prior bad acts" evidence it intends to introduce at trial against deft. is Denied w/out prejudice; (6) Disclosure of Brady material is Denied; (7) for an order directing the Gov't to provide early disclosure of grand Jury transcripts of its witness is Denied, except to the extent that the Gov't acknowledges its obligation to produce transcripts of any witness who was or is an employee of deft. PEMG; and (8) Dismissal of the Indictment and/or hearing on the basis of prosecutorial misconduct is Denied ( Signed by Judge Norman A. Mordue on 9/5/02 ) (kcl) (Entered: 09/06/2002)
09/05/2002  DISMISSAL of Count(s) on Court or Defendant Motion as to Andre Parker, Parker Environmental Counts Dismissed: Andre Parker (1) count(s) 6, 12, 17, Parker Environmental (2) count(s) 6, 12 (kcl) (Entered: 09/06/2002)
09/11/200227 MOTION by Craig Benedict, AUSA for USA as to Andre Parker, Parker Environmental for Reconsideration of [26-1] order in regard to the portion dismissing counts 6 and 12 of the Indictment , Hearing set for 10:00 10/16/02 in Syracuse, Response deadline 10/2/02; Attached Memorandum of Law and Exhibits 1 and 2 (kcl) (Entered: 09/12/2002)
09/12/200228 LETTER/NOTICE dated 9/12/02; Letter advising counsel or parties that the [27-1] Motion of the USA for reconsideration of the [26-1] order has been taken on submit and is returnable 10/16/02; Any response to this motion is due 10/2/02; Notice sent by Deputy Clerk Kara Looney (kcl) (Entered: 09/12/2002)
09/26/200229 Minute entry of Grand Jury as to Andre Parker, Parker Environmental before MJ Peebles; App: Clerk S. Lazzaro, STENO: Sue Byrne; Superceding Indictment as to above defts. issued; Tally sheet ordered sealed (kcl) (Entered: 09/27/2002)
09/26/200230 SUPERSEDING INDICTMENT as to Andre Parker (1) count(s) 1s, 2s-11s, 12s-13s, 14s, 15s-16s, 17s-18s, Parker Environmental (2) count(s) 1s, 2s-11s, 12s-13s, 14s, 15s-16s, 17s-18s (kcl) (Entered: 09/27/2002)
09/30/200233 WAIVER OF PERSONAL APPEARANCE at Arraignment and Entry of Plea of Not Guilty by Andre Parker, Parker Environmental (kcl) (Entered: 10/01/2002)
10/01/200234 ORDER Approving Waiver of Arraignment as to Andre Parker, Parker Environmental; defts. enter plea of Not Guilty to counts: Andre Parker (1) count(s) 1s, 2s-11s, 12s-13s, 14s, 17s-18s, and Parker Environmental to counts; count(s) 1s, 2s-11s, 12s-13s, 14s, 15s-16s, 17s-18s ( Signed by Magistrate David E. Peebles on 10/1/02 ) (kcl) (Entered: 10/01/2002)
10/04/200236 LETTER/NOTICE dated 9/20/02; Letter addressed to District Judge Mordue from Kevin Young, Esq., counsel for Andre Parker, Parker Environmental; Counsel requests that the trial in this action be scheduled in albany for reasons stated within (kcl) (Entered: 10/08/2002)
10/04/200237 MOTION by Craig Benedict, AUSA for USA as to Andre Parker, Parker Environmental for pretrial conference and alternativley to set aside trial date , Motion returnable before Judge Mordue in Syracuse, Attached Exhibits 1 and 2; Response to letter motion attached (kcl) Modified on 10/08/2002 (Entered: 10/08/2002)
10/04/200237 RESPONSE by Craig Benedict, AUSA for USA as to Andre Parker, Parker Environmental in opposition to [36-1] letter/notice dated 9/20/02 from defendant requestsing that the trial be held in Albany; Attached within the [37-1] Motion for pretrial conference (kcl) (Entered: 10/08/2002)
10/04/200239 LETTER/REQUEST and ORDER; Letter addressed to Judge Mordue from Craig Benedict, AUSA for USA; Counsel advises the Court that they are withdrawing their [27-1] motion for Reconsideration due to the fact that a Superseding Indictment has been filed which alters the charges in a manner that makes the need for the motion unnecessary; So Ordered ( Signed Judge Norman A. Mordue on 10/4/02 ) (kcl) (Entered: 10/08/2002)
10/04/200238 LETTER in RESPONSE dated 10/3/02 by Kevin Young, Esq. for defts. Andre Parker, Parker Environmental to [37-1] motion for pretrial conference and alternativley to set aside trial date; Letter also in further support of their request for trial to be set in Albany (kcl) (Entered: 10/08/2002)
10/04/200240 SEALED DOCUMENT ( Application ) (kcl) (Entered: 10/08/2002)
10/04/200241 SEALED DOCUMENT ( Order ) (kcl) (Entered: 10/08/2002)
10/04/200242 ORDER Sealing documents [40-1] and [41-1] ( Signed by Judge Norman A. Mordue on 10/2/02 ) (kcl) (Entered: 10/08/2002)
10/07/200239 REPLY by Craig Benedict, AUSA for USA as to Andre Parker, Parker Environmental to response to [37-1] motion for pretrial conference and alternativley to set aside trial date (kcl) (Entered: 10/08/2002)
10/09/200243 NOTICE of Hearing as to Andre Parker and Parker Environmental: In light of the parties' recent submissions, the Court has scheduled a Pretrial Conference for 2:30 pm on 10/23/02 in Syracuse, NY with Judge Mordue to discuss: defense counsel, trial location, trial date, and any other pertinent issues. (Signed by Judge Mordue) (see) (Entered: 10/10/2002)
10/23/2002  Pre-trial conference as to Andre Parker, Parker Environmental held (kcl) (Entered: 10/28/2002)
10/23/200244 Minute entry of Pretrial Conference as to Andre Parker, Parker Environmental before District Judge Mordue; App: Craig Benedict, AUSA for USA, Kevin Young, and Robert Panasci, Esq. for defts.; Judge addressed deft. Andre Parker's motion for assignment of counsel; Judge orders OFPD assigned to represent Andre Parker; Attorney Young asks the Court for an additional 30 days to file motions re: the Superseding Indictment-granted; Reset Motion Filing deadline to 11/22/02 ; Judge Orders Time Excluded from Speedy trial calculations from 10/23/02 to 11/22/02 ; Parties ask for 45 days notice prior to trial; Further conference may be held once FPD has a chance to review the file; Court Reporter/ECRO: Jodi Hibbard (kcl) (Entered: 10/28/2002)
11/20/2002  Pre-trial telephone conference as to Andre Parker, Parker Environmental held (kcl) (Entered: 11/21/2002)
11/20/200247 Minute entry of pretrial telephone conference as to Andre Parker, Parker Environmental before Judge Mordue; App: Craig Benedict, AUSA for USA, Kevin Young, Esq. for deft. Parker Envi., David Secular, Esq. for deft. Andre Parker (in person), Clerk Daniel McAllister; Tele-confernece held re: letter from Gov't asking for clarification of defts' representation status; Atty. Benedict believes that there may be a 6th Amendment issue and that the defts. should both be represented by atty. Secular; Judge speaks w/ deft. Parker Re: his desire to have atty. Young continue representation for the corporation; Deft. Parker wishes to have atty. Young continue representation; Judge has deft. placed under oath and he is questioned re: any conflict of interest; Deft. waives any conflict of interest pursuant to Rule 44(c); Judge orders that atty. Secualr will continue to represent deft. Andre Parker and atty.Young will continue to represent deft. Parker Envir.; Atty. Secular asks the Court for a 60 day continuance to file motions and prepare for trial; Gov't has no objections; deft. agrees to waive 60 days from the Speedy trial Clock; Parties will submit a proposed order re: the Speedy trial Continuance; Court Reporter/ECRO: Khristine Sellin (kcl) (Entered: 11/21/2002)
11/25/200248 TRANSCRIPT of telephone conference filed in case as to Andre Parker, Parker Environmental for the date of 11/20/02 10:30 before District Judge Mordue; Court Reporter: Khristine Sellin (kcl) (Entered: 11/25/2002)
12/03/200249 STIPULATION AND ORDER as to Andre Parker, Parker Environmental, to Continue in Interests of Justice; Time Excluded from Speedy Trial calculations is from 12/3/02 to 1/31/03 , reset pretrial Motion Filing deadline to 1/8/03 for Parker, for Parker Environmental and motions hsall be made returnable 2/5/03 ( Signed by Judge Norman A. Mordue on 12/3/02 ) (kcl) (Entered: 12/04/2002)
01/15/200350 STIPULATION and ORDER as to Andre Parker and Parker Environmental, to Continue in Interests of Justice; Time Excluded from 1/10/03 to 3/11/03 , reset Motion Filing deadline to 2/19/03 , Motions shall be returnable on 3/19/03, reset Jury Trial for 3/24/03 in Syracuse, NY . (Signed by Judge Norman A. Mordue on 1/10/03) (see) (Entered: 01/15/2003)
03/10/200351 LETTER/NOTICE dated 3/5/03; Letter addressed to Judge Mordue from Kevin Young, Esq.; Counsel advises the Court of the reasons parties request that a firm trial date be established for September 2003 (kcl) (Entered: 03/13/2003)
03/10/200352 LETTER/NOTICE dated 3/5/03; Letter addressed to Judge Mordue from David Secular; Counsel advises the court of the purpose for the requested extension of 60 days to be able to be fully prepared for trial (kcl) (Entered: 03/13/2003)
03/10/200353 LETTER/NOTICE dated 3/7/03; Letter addressed to the Court from Craig Benedict, AUSA for USA; Counsel advises that they have no objection to defense counsel's request for an adjournment of trial (kcl) (Entered: 03/13/2003)
03/10/200354 STIPULATION AND ORDER as to Andre Parker, Parker Environmental, to Continue in Interests of Justice; Time Excluded from Speedy trial calculations is from 3/10/03 to 9/15/03 , set Jury Trial for 9/15/03 for Andre Parker, Parker Environmental in Syracuse ( Signed by Judge Norman A. Mordue on 3/10/03 ) (kcl) (Entered: 03/13/2003)
08/13/200355 LETTER/ORDER dated 8/13/03 as to Andre Parker, Parker Environmental; Letter advising counsel for parties that the Court has set the Jury trial for 9/15/03 at 9:30 in Syraucse for Andre Parker, for Parker Environmental; All pretrial papers are to be filed on or before 9/2/03; So Ordered ( Signed by Judge Norman A. Mordue on 8/13/03 ) (kcl) (Entered: 08/14/2003)
08/14/200356 NOTICE PURSUANT TO FED. R. EVID. 404(b) by Craig Benedict, AUSA for USA as to Andre Parker, Parker Environmental (kcl) (Entered: 08/15/2003)
08/28/200360 ORDER FOR RULE 17(b) & 17(c) Subpoenas as to Andre Parker, Parker Environmental; It is hereby ordered that defts application for the court to issue subpoenas for John Scheel and Lon McDaniel to testify at the trial is granted; The costs incurred by the process and the fees of the individual so subpoenaed shall be paid in the same manner in which similar costs and fees in cases where a witness is subpoenaed o/b/o the Gov't; ( Signed by Judge Norman A. Mordue on 8/28/03 ) (kcl) (Entered: 08/29/2003)
09/02/200361 Voir Dire Attachment by Parker Environmental (tab) (Entered: 09/03/2003)
09/02/200362 Proposed Exhibit list by Parker Environmental (tab) (Entered: 09/03/2003)
09/02/200363 TRIAL BRIEF (MEMORANDUM) by Parker Environmental (tab) (Entered: 09/03/2003)
09/02/200364 AFFIDAVIT by Kristin Carter Rowe, Esq. as to Parker Environmental Re: in support of motion to preclude testimony of James S. Webber, Ph.D. (tab) (Entered: 09/03/2003)
09/02/200365 AFFIDAVIT by Wade Sikora as to Parker Environmental Re: in support of defendants' motion to preclude the testimony of James S. Webber, Ph.D. (tab) (Entered: 09/03/2003)
09/02/200366 Voir Dire Questions by Craig Benedict, AUSA for USA as to Andre Parker, Parker Environmental (kcl) (Entered: 09/03/2003)
09/02/200367 Voir Dire Attachment by Craig Benedict, AUSA for USA as to Andre Parker, Parker Environmental (kcl) (Entered: 09/03/2003)
09/02/200368 Jury instructions as to Andre Parker, Parker Environmental by Craig Benedict, AUSA for USA (kcl) (Entered: 09/03/2003)
09/02/200369 PRETRIAL MEMORANDUM by Craig Benedict, AUSA for USA as to Andre Parker, Parker Environmental (kcl) (Entered: 09/03/2003)
09/02/200370 Exhibit list by Craig Benedict, AUSA for USA as to Andre Parker, Parker Environmental (kcl) (Entered: 09/03/2003)
09/04/200371 RESPONSE: by Craig A. Benedict, AUSA on behalf of the USA as to Andre Parker, Parker Environmental in opposition to "Out of Time Motions", w/attached exhibits. (jmb) (Entered: 09/05/2003)
09/04/200372 CERTIFICATE OF SERVICE BY MAIL: by USA, Re: Service of Response to Out of Time Motions upon Kevin Young, Esq., and David Secular, AFPD on 9/4/03. (jmb) (Entered: 09/05/2003)
09/11/200375 SUPPLEMENTAL TRIAL BRIEF: (MEMORANDUM) by Craig Benedict, AUSA on behalf of the USA as to Andre Parker and Parker Environmental (jmb) (Entered: 09/12/2003)
09/15/2003  Voir dire begun as to Andre Parker (1) count(s) 1, 1s, 2-5, 2s-11s, 6, 7-11, 12, 12s-13s, 13, 14-15, 14s, 15s-16s, 16, 17, 17s-18s, 18, 19, Parker Environmental (2) count(s) 1, 1s, 2-5, 2s-11s, 6, 7-11, 12, 12s-13s, 13, 14-15, 14s, 15s-16s, 16, 17s-18s, 18, 19 (drm) (Entered: 09/16/2003)
09/15/200376 Minute entry of Day One of Jury Trial as to Andre Parker, Parker Environmental: Judge meets with attorneys in chambers to discuss motions in limine and other trial issues; Judge reserves decision; In open court with jury panel, defendant present; Jury panel is seated and sworn; Voir dire conducted; Jury selected and sworn as follows: C. Scordo, P.Cerio, R. Cisewski, S. Chapman, M. Kimball, E. Schardt, S. gosch, A. Gill, C. Young, S. Heard, E. McCarthy, P. Galeazza-Drogo; Alt 1, P. LaRussa, Alt 2 D. Forward; Jury exits courtroom; Judge rules on motions in limine; Court recesses until 9:00 a.m. on 9/16/03; APP: C. Benedict, AUSA for govt; D. Secular, Esq. for deft A. Parker; K. Young, Esq. & K. Carter-Rowe, Esq. for deft PEMG; Court Reporter/ECRO: Khristine Sellin; CRD: D. McAllister; 10:00 - 11:00 a.m., 1:50 - 5:15 p.m. (drm) (Entered: 09/16/2003)
09/15/2003  Jury trial as to Andre Parker, Parker Environmental begun/ held (drm) (Entered: 09/16/2003)
09/16/200377 Minute entry of Day Two of Jury Trial as to Andre Parker, Parker Environmental: Judge gives preliminary charge to jury; Opening statements given; Tetsimony of govt witness-J.Derx; Stipulations 1-3,5-8 read into record; Govt exhibits 100.13-100.16, 100.001-012, 100.017, 100.018, 100.037, 100.037, 100.039-142, 100.038, 100.144-148 received into evidence; Court recesses until 9/17/03 at 9:15 a.m.; APP: C. Benedict, AUSA for govt; D. Secular, Esq. for deft A. Parker; K. Young, Esq. & K. Carter-Rowe, Esq. for deft PEMG; Court Reporter/ECRO: Khristine Sellin; CRD: D. McAllister; 9:20 - 4:20 p.m. (drm) (Entered: 09/17/2003)
09/17/200378 Minute entry of Day Three of Jury Trial as to Andre Parker, Parker Environmental: Continuation of testimony of J. Derx; Deft exhibit 57 received into evidence; Govt witnesses M. Cheney, J. Webber, F. Fradera; Govt exhibit 102.001; Court recesses until 9/18/03 at 9:15 a.m.; Cross examination of J. Webber to begin on 9/18/03; APP: C. Benedict, AUSA for govt; D. Secular, Esq. for deft A. Parker; K. Young, Esq. & K. Carter-Rowe, Esq. for deft PEMG; Court Reporter/ECRO: Khristine Sellin; CRD: D. McAllister; 9:25 - 5:00 p.m. (drm) (Entered: 09/18/2003)
09/18/200379 Minute entry of Day Four of Jury Trial as to Andre Parker, Parker Environmental: Continuation of testimony of Dr. Webber; Govt exhibits 102.003, 102.001, 104.002-024 and Defendants' exhibits 61, 66, 67 received into evidence; Testimony of F. Fradera, L. Doughty; Court recesses until 9/22/03 at 9:15 a.m.; APP: C. Benedict, AUSA for govt; D. secular, Esq. for deft A. Parker; K. Young, Esq. & K. Carter-Rowe, Esq. for deft PEMG; Court Reporter/ECRO: Khristine Sellin; CRD: D. McAllister; 9:20 - 5:00 p.m. (drm) (Entered: 09/22/2003)
09/19/200380 TRIAL BRIEF (MEMORANDUM OF LAW) by Craig A. Benedict, AUSA as to Andre Parker, Parker Environmental, advising that the the government will turn over notes to Parder Environmental for in camera review if directed to do so by the Court, w/attached exhibits. (jmb) (Entered: 09/22/2003)
09/19/200381 CERTIFICATE OF SERVICE by USA as to Andre Parker, Parker Environmental, Re: Service of the # [80-1] Trial Brief on 9/19/03 upon Kevin Young, Esq., and David Secular, AFPD. (jmb) (Entered: 09/22/2003)
09/22/200382 EXPARTE APPLICATION/MOTION by David Secular, Esq. for Andre Parker, Parker Environmental for subpoens to be issued pursuant to Rule 17(b) (kcl) Modified on 09/22/2003 (Entered: 09/22/2003)
09/22/200383 ORDER: It is hereby ordered that defendant's [82-1] motion for subpoens to be issued pursuant to Rule 17(b) is granted; Clerk shall issue subpoenas directed to the witnesses listed within to testify at trial; Costs incurred by this process shall be paid in the same manner in which similar costs and fees are paid in cases where a witness is subpoenaed o/b/o the Gov't; So Ordered (Signed by Judge Norman A. Mordue on 9/22/03) (kcl) Modified on 09/22/2003 (Entered: 09/22/2003)
09/22/200384 AMENDED TRIAL BRIEF (MEMORANDUM) by Craig A. Benedict, AUSA on behalf of the USA as to Andre Parker and Parker Environmental (jmb) (Entered: 09/22/2003)
09/22/200385 Minute entry of Day Five of Jury Trial as to Andre Parker, Parker Environmental: Testimony of Govt witnesses Doughty, Jackson, Turnbull, Escobar; Govt exhibits 103.006, 100.043, 101.002, 106.007-0021 and Defendant exhibits 68, 69-77 received into evidence; Court recesses until 9/23/03 at 9:00 a.m.; APP: C. Benedict, AUSA for govt; D. Secular, Esq. for deft A. Parker; K. Young, Esq. & K. Carter-Rowe, Esq. for deft PEMG; Court Reporter/ECRO: Khristine Sellin; CRD: D. McAllister; 9:20 - 4:05 p.m. (drm) (Entered: 09/23/2003)
09/23/200386 Minute entry of Day Six of Jury Trial as to Andre Parker, Parker Environmental: Testimony of Govt witnesses Escobar, S. Lucia, J. Douglas; Govt exhibits 101.001,101.003 107.001-005 & Defts' exhibits 78-80, 83 received into evidence; Court recesses until 9/24/03 at 9 am; APP: C. Benedict, AUSA for govt; D. Secular, Esq. for deft A. Parker; K. Young, Esq. & K. Carter-Rowe, Esq. for deft PEMG; Court Reporter/ECRO: Khristine Sellin; CRD: D. McAllister; 9:10 - 4:45 p.m. (drm) (Entered: 09/24/2003)
09/23/200388 Proposed Jury Instructions (Request to Charge), Revised Request # 32 by Craig A. Benedict, AUSA on behalf of the USA as to Andre Parker and Parker Environmental (jmb) (Entered: 09/25/2003)
09/24/200387 Minute entry of Day 7 of Jury Trial as to Andre Parker, Parker Environmental: Testimony of Govt witnesses M. Dwyer; Govt exhibits 106.001,106.002,105.001, 105.002, 106.004, 106.005, 106.022, 103.001, 106.003 & Defts' exhibit 85 received into evidence; Govt rests; Jury exits courtroom; Parties reserve rights to make their motions; Testimony of defendants' witnesses R. Perkins, M. Fuller, J. Shield, L. McDaniel; Court recesses until 9/25/03 at 9:00 a.m.; APP: Same; Court Reporter/ECRO: Khristine Sellin; CRD: D. McAllister; 9:05 - 5:05 p.m. (drm) (Entered: 09/25/2003)
09/24/2003100 Supplemental Jury instructions as to Andre Parker, Parker Environmental filed by David Secular, Esq.; (kcl) (Entered: 10/06/2003)
09/24/2003101 Letter Brief dated 9/21/03 by Kevin Young, Esq. and Kristin Rowe, as to Andre Parker, Parker Environmental (kcl) (Entered: 10/06/2003)
09/24/2003102 Supplemental Jury instructions as to Andre Parker, Parker Environmental Filed by Kevin Young, Esq. (kcl) (Entered: 10/06/2003)
09/25/200389 Minute entry of Day 8 of Jury Trial as to Andre Parker, Parker Environmental: Court resumes without jury present; Attorney Secular makes Rule 29 motion to dismiss Sup Ind. on behalf of A. Parker; Deft PEMG joins in motion; Attorney Benedict responds; Deft PEMG makes Rule 29 motion specifically as to Cts 2-6 of the Sup. Ind.; Judge reserves decision; Testimony of McDaniel, & Sikora; Defendants' exhibit 62 receieved into evidence; Jury exits courtroom; Govt makes offer of proof as to rebuttal testimony of Laurie J'an Carhart; Court recesses until 9/26/03 at 9:30 a.m.; APP: Same Court Reporter/ECRO: Khristine Sellin; CRD Dan McAllister; 9:00 - 5:05 p.m. (drm) (Entered: 09/26/2003)
09/26/200390 Minute entry of Day 9 of Jury Trial as to Andre Parker, Parker Environmental: Court meets without jury present; Attorneys are heard further re: defendants' motions to dismiss; Govt will not call Laurie Carhart to testify; proof is now closed with the exception of defts admitting one exhibit; Jury enters courtroom; Defendants exhibit 90 received into evidence; Defendants rest; Govt has no rebuttal; Proof is now closed; Jury exits courtroom; Judge hears further argument; Jury is excused until Tues. 9/30/03 at 9 am; Judge reads decision into record re: defts' motions; Defendants' motion to dismiss Cts 2-6 is Granted; Defts' motion to dismiss Cts 7, 15 Denied; Attorneys to further brief Re: Ct 16; Charge conference set for 9/29/03 at 1:00 p.m.; APP: Same; Court Reporter/ECRO: Khristine Sellin; CRD: D. McAllister; 10:00 - 3:50 p.m. (drm) (Entered: 09/29/2003)
09/26/2003  DISMISSAL of Count(s) on Government Motion as to Andre Parker, Parker Environmental Terminated motions Counts Dismissed: Andre Parker (1) count(s) 2s-6s, Parker Environmental (2) count(s) 2s-6s (kcl) (Entered: 10/06/2003)
09/28/2003103 LETTER BRIEF dated 9/28/03 from Kevin Young, Esq. as to Andre Parker, Parker Environmental; Attached Exhibits 1 and 2 (kcl) (Entered: 10/06/2003)
09/29/200391 Minute entry of Day 10 of Jury Trial as to Andre Parker, Parker Environmental: Court resumes without jury present; Charge conference held in chambers; Court recesses until 9/30/03 at 9 a.m.; APP: Same; Court Reporter/ECRO: Khristine Sellin; CRD: D. McAllister; 3:00 - 8:10 p.m. (drm) (Entered: 09/30/2003)
09/29/200392 MEMORANDUM OF LAW; in support of Jury Instruction for Count 17 (Request to Charge) by USA as to Andre Parker, Parker Environmental (jmb) (Entered: 09/30/2003)
09/29/200393 MOTION by Criag A. Benedict, AUSA on behalf of the USA as to Andre Parker, Parker Environmental for Additional Time to make closing argument, requesting one hour for closing and a half hour for its rebuttal argument ; Motion before Judge Mordue (jmb) (Entered: 09/30/2003)
09/29/200394 CERTIFICATE OF SERVICE BY MAIL: by USA, Re: Service of Motion for Additional Time, 2 memorandums upon Kevin Young, Esq., and David Secular, AFPD on 9/29/03 by fax and mail. (jmb) (Entered: 09/30/2003)
09/29/200395 TRIAL BRIEF (MEMORANDUM OF LAW) by USA as to Andre Parker, Parker Environmental, Regarding: Mail Fraud and Count 16 (jmb) (Entered: 09/30/2003)
09/29/200396 MOTION by USA as to Andre Parker, Parker Environmental for Reconsideration of Decision regarding the suppression of evidence and dismissal of that portion of the indictment related to the performance of laboratory analysis by PEMG while it was under suspension , Motion before Judge Mordue (jmb) (Entered: 09/30/2003)
09/29/200397 CERTIFICATE OF SERVICE BY MAIL: by USA as to Andre Parker, Parker Environmental Service, Re: Service of [96-1] Motion for of Decision regarding the suppression of evidence and dismissal of that portion of the indictment related to the performance of laboratory analysis by PEMG while it was under suspension, upon Kevin Young, Esq., and David Secular, AFPD on 9/29/03 by US mail and Fedex. (jmb) (Entered: 09/30/2003)
09/29/200398 Trial Exhibit list by USA as to Andre Parker, Parker Environmental (drm) (Entered: 10/01/2003)
09/29/200399 Trial Exhibit list by Andre Parker, Parker Environmental (drm) (Entered: 10/01/2003)
09/30/2003104 Minute entry of day eleven of Jury trial as to Andre Parker, Parker Environmental before District Judge Mordue; App: Craig Benedict, AUSA for USa, David Secular, Esq. for deft. Parker, Kristin carter Rowe, Esq. for deft. Parker Enviro., Clerk DRM; Judge granted Govt's [93-1] motion to extend time for closing statement to 45 minutes for closing and 20 mins. for rebuttal; Court resumes w/ Jury present; Judge advises jury re: counts of the indictment that have been dismissed as a matter of law; Atty. Benedict gives closing statements o/b/o to Gov't; court recesses at 10:25; 10:40 court resumes w/ jury present; Atty Rowe gives closing statement o/b/o deft. PEMG; 11:20 recess; 11:30 court resumes w/ Jury present; Atty. Secular gives closing statement o/b/o deft. Andre Parker; 12:15 recess; 12:20 Atty. Benedict gives rebuttal closing statement o/b/o gov't; 12:40 Jury exits courtroom; Judge discusses various issues w/ attys; 12:50 Lunch recess; 2:30 Court resumes w/ out jury present; Atty. Secualr raises issue re: proposed charge; 2:35 Jury enters courtroom; Judge charges jury; 4:05 Judge hears exceptions to the charge; 4:10 Marshal swornl Jury exits courtroom to begin deliberations; Exhibit sent into jury room; Judge rules on exceptions to charge and makes necessary changes; 5:00 Jury brought back in the Courtroom and reminded of their admonitions; Court recesses until 9/30/03 at 9:00 am; Court Reporter/ECRO: Khristine Sellin (kcl) (Entered: 10/06/2003)
10/01/2003105 Minute entry of day twelve of Jury trial as to Andre Parker, Parker Environmental before Judge Mordue; App: Craig Benedict, AUSA for USA, David Secular, Esq. for deft. Parker, Kristin Cater Rowe, Esq. for Parker Enviorn., Clerk DRM; 9:00 jury reports for deliberations; 9:30 Jury note; 9:50 Judge brings attys. into Courtroom and discusses jury note; Jury enters courtroom and Judge addresses the changes that have been made to the charge; 9:55 Jury exits courtroom; 10:55 Judge meets w/ attys. re: jury notes; Exhibit lists sent into jury room w/ no objection by counsel; Testimony of L. Doughty being searched now in preparation to read back; 12:00 Judge hears objections to the proposed read back testimony; 2:15 Judge advises attys. that he is excusing alternate jurors; Jury enters courtroom for read back testimony of Doughty; 3:40 Jury exits courtroom to continue deliberations; 5:00 Jury enters courtrooml Jude reminds jury of previous admonitions 5:00 Court recesses until 10/2/03 at 9:00; Court Reporter/ECRO: Khristine Sellin (kcl) (Entered: 10/07/2003)
10/02/2003106 Minute entry of day thirteen of jury trial as to Andre Parker, Parker Environmental before Judge Mordue; App: Craig Benedict, AUSA for USA, David Secular, Esq. for deft. Parker, Kristine Carter Rowe, Esq. for PEMG, Clerk DRM; 9:00 Jury reports for deliberations; 9:30 Jury note #4; 9:55 Judge brings attys. into courtroom and discusses jury note; Jury enters courtroom and judge addresses their note; 10:05 Jury exits courtroom; 11:35 Jury enters courtroom and reports verdict of guilty on Counts 1,7,10,11,13,14,15,17 and not guilty on counts 8,9,12 as to Andre Parker and guilty as to counts 1,7,8,9,10,11,12 13,14,15,17 as to deft PEMG; Jury polled and excused w/ thanks of the Court; 11:40 Jury exits the Courtroom; defts. reserve their right to make post trial motions; Judge sets deadline for any post-trial motions to 10/24/03; Gov't has no objection to the continuation of release as to deft. A. Parker; Judge releases deft. on conditions as previously set; Sentencing set for 2/2/04 at 11:00 in Albany for both defts.; 11:45 court stands adjourned; Court Reporter/ECRO: Khristine Sellin (kcl) (Entered: 10/07/2003)
10/02/2003107 NOTICE/NOTE FROM JURY as to Andre Parker, Parker Environmental advising that they have reached a verdict at 10:50 a.m. (kcl) (Entered: 10/07/2003)
10/02/2003108 COURT Exhibit #1; Jury Charge as to Andre Parker, Parker Environmental (kcl) (Entered: 10/07/2003)
10/02/2003109 Court Exhibit #2; Verdict Sheet as to Andre Parker, Parker Environmental (kcl) (Entered: 10/07/2003)
10/02/2003110 UNIFORM PRESENTENCE ORDER as to Parker Environmental ; Sentencing set for 11:00 2/2/04 for Parker Environmental in Albany ( by Judge Norman A. Mordue 10/2/03 ) (kcl) (Entered: 10/07/2003)
10/02/2003  Voir Dire held on 10/2/2003 as to Andre Parker, Parker Environmental Management Group, Inc. (kcl, ) (Entered: 03/31/2005)
10/27/2003113 LETTER/NOTICE dated 10/27/03; Letter advising counsel for parties that the Court has taken the [112-1] Post-Trial Motion on submit for 11/19/03; The USA shall serve and file their response by 11/5/03; Notice sent by KCL (kcl) (Entered: 10/27/2003)
11/04/2003114 RESPONSE IN OPPOSITION: by Craig A. Benedict, AUSA on behalf of the USA as to Andre Parker, Parker Environmental Re: [112-1] Motion for a Reversal of the conviction and to Dismiss the Indictment (jmb) (Entered: 11/05/2003)
11/04/2003115 CERTIFICATE OF SERVICE: by Lesta Eaton, on behalf of the USA as to Andre Parker, Parker Environmental, Re: service of the government's [114-1] Response in Opposition upon Kevin Young, Esq., by fax and fedex and David Secular, AFPD on 11/4/03 by fax and mail. (jmb) (Entered: 11/05/2003)
12/09/2003118 SCHEDULING NOTICE: reset Sentencing for 3/8/04 at 2:00 PM for Andre Parker and Parker Environmental in Syracuse, all sentencing memoranda shall be filed by 2/23/04. (Signed by Courtroom Deputy Clerk Daniel R. McAllister) (jmb) (Entered: 12/11/2003)
03/03/2004119 NOTICE OF HEARING as to Andre Parker, Parker Environmental Management Group, Inc. Sentencing set for 4/19/2004 02:00 PM in Syracuse before Judge Norman A. Mordue. (drm, ) (Entered: 03/03/2004)
04/14/2004120 NOTICE OF HEARING as to Andre Parker, Parker Environmental Management Group, Inc. Sentencing set for 6/30/2004 11:00 AM in Syracuse before Judge Norman A. Mordue. (drm, ) (Entered: 04/14/2004)
06/03/2004  NOTICE OF HEARING as to Andre Parker, Parker Environmental Management Group, Inc. Sentencing re-set for 9/7/2004 03:00 PM before Judge Norman A. Mordue. All sentencing memoranda shall be filed on or before 8/24/2004.(drm, ) (Entered: 06/03/2004)
08/30/2004122 Letter from AUSA Craig A. Benedict for USA requesting Proceeding with Sentencing (Benedict, Craig) (Entered: 08/30/2004)
08/31/2004123  SENTENCING MEMORANDUM by USA as to Andre Parker, Parker Environmental Management Group, Inc. (Benedict, Craig) (Entered: 08/31/2004)
08/31/2004124 Certificate of Service by USA as to Andre Parker, Parker Environmental Management Group, Inc. re 123 Sentencing Memorandum (Benedict, Craig) (Entered: 08/31/2004)
08/31/2004  TEXT ORDER as to Andre Parker, Parker Environmental Management Group, Inc.; Due to the complexity of this matter, Granting 121 Letter and Denying 122 Letter Request filed by USA; Sentencing is rescheduled for 11/9/2004 at 4:00 p.m. in Syracuse; All sentencing memoranda shall be filed on or before 10/26/2004. . Endorsed by Judge Norman A. Mordue on 8/31/2004. (drm, ) (Entered: 08/31/2004)
09/23/2004  Terminated Expired Deadlines and Hearings as to Andre Parker, Parker Environmental Management Group, Inc. Sentencing set for 11/9/2004 04:00 PM in Syracuse before Judge Norman A. Mordue. (jlm) (Entered: 09/23/2004)
11/04/2004125  SENTENCING MEMORANDUM by Andre Parker, Parker Environmental Management Group, Inc. (Secular, David) (Entered: 11/04/2004)
11/05/2004  TEXT NOTICE OF HEARING as to Andre Parker and Parker Environmental Management Group, Inc. The sentencing will proceed as scheduled on Tuesday, November 9, 2004 at 4:00 pm in Syracuse, NY before Judge Norman A. Mordue (jlm) (Entered: 11/05/2004)
11/08/2004126 Letter from David G. Secular, Esq. for Andre Parker, Parker Environmental Management Group, Inc. requesting that wife's correspondence be taken into consideration when imposing sentence (Attachments: # 1)(Secular, David) (Entered: 11/08/2004)
11/08/2004  TEXT NOTICE OF HEARING as to Andre Parker, and Parker Environmental Management Group, Inc. At the request of counsel for the Gov't, the Sentencing has been reset for 11/17/2004 at 3:30 PM in Syracuse before Judge Norman A. Mordue. (jlm) (Entered: 11/08/2004)
11/09/2004127 Letter from Kevin M. Young for Parker Environmental Management Group, Inc. requesting Rescheduling sentencing hearing (Young, Kevin) (Entered: 11/09/2004)
11/09/2004  TEXT NOTICE OF HEARING as to Andre Parker and Parker Environmental Management Group, Inc. At the request of Attorney Young, the Sentencing has been reset for 11/19/2004 at 9:30 AM in Syracuse before Judge Norman A. Mordue. (jlm) (Entered: 11/09/2004)
11/23/2004  TEXT NOTICE OF HEARING as to Andre Parker, and Parker Environmental Management Group, Inc. At the request of AUSA Benedict, the Sentencing has been reset for 12/13/2004 at 4:30 PM in Syracuse before Judge Norman A. Mordue. (jlm) (Entered: 11/23/2004)
12/01/2004129 Letter from David G. Secular, Esq. for Andre Parker, Parker Environmental Management Group, Inc. requesting additional adjournment of Defendant's sentencing (Secular, David) (Entered: 12/01/2004)
12/02/2004  TEXT ORDER as to Andre Parker and Parker Environmental Management Group, Inc., DENYING the 129 Letter Request filed by David Secular to adjourn the sentencing for Andre Parker and Parker Environmental Management Group, Inc. The Sentencing remains scheduled for December 13, 2004 at 4:30 pm in Syracuse, NY. Endorsed by Judge Norman A. Mordue on 12/2/04. (jlm) (Entered: 12/02/2004)
12/02/2004130 Letter for USA requesting to proceed with scheduled sentencing date (Benedict, Craig) (Entered: 12/02/2004)
12/03/2004131 Letter for USA requesting that attached Affidavit from S. P. Lucia be accepted as attchmt to U.S.'s Sentencing Memorandum (Benedict, Craig) (Entered: 12/03/2004)
12/03/2004132 Letter from Kevin M. Young, Esq. for Parker Environmental Management Group, Inc. requesting adjournment of 12/13/04 sentencing hearing (Young, Kevin) (Entered: 12/03/2004)
12/06/2004133 Certificate of Service by Parker Environmental Management Group, Inc. re 132 Letter Request (Young, Kevin) (Entered: 12/06/2004)
12/06/2004134 Letter for USA requesting For Sentencing to Proceed as scheduled (Benedict, Craig) (Entered: 12/06/2004)
12/07/2004  TEXT ORDER as to Andre Parker, Parker Environmental Management Group, Inc. DENYING the 132 Letter Request to adjourn the sentencing scheduled for 12/13/04 at 4:30 pm filed by Kevin Young, Esq for Parker Environmental Management Group, Inc. (jlm) (Entered: 12/07/2004)
12/08/2004135 Letter for USA requesting Permission to add another Exhibit to Sentencing Memo (Attachments: # 1 Exhibit to be attached to Sent. Memo -Affidavit of Clinton Co. Landfill)(Benedict, Craig) (Entered: 12/08/2004)
12/08/2004136 Certificate of Service by USA as to Andre Parker, Parker Environmental Management Group, Inc. re 135 Letter Request (Benedict, Craig) (Entered: 12/08/2004)
12/08/2004137 LETTER ORDER as to Andre Parker, Parker Environmental Management Group, Inc. Based on the specific facts of this case, the evidence submitted at trial and the particular manner in which Guideline enhancements will affect defendant?s sentence, the Court finds that postponement of defendant?s sentencing pending determination by the Supreme Court of the applicability of Blakely is appropriate. The parties will be notified of a new time and date for sentencing. Signed by Judge Norman A. Mordue on 12/8/04. (jlm) (Entered: 12/08/2004)
12/10/2004138 Letter for USA requesting Permission to file response to FPD's Brief (Benedict, Craig) (Entered: 12/10/2004)
01/13/2005139 Letter from AUSA Benedict for USA requesting Imposition of Sentence (Benedict, Craig) (Entered: 01/13/2005)
01/14/2005  TEXT NOTICE OF HEARING as to Andre Parker and Parker Environmental Management Group, Inc. The Sentencing has been reset for 2/4/2005 at 11:00 AM in SYRACUSE before Judge Norman A. Mordue. (jlm) (Entered: 01/14/2005)
01/25/2005140 Second SENTENCING MEMORANDUM by Andre Parker as to Andre Parker, Parker Environmental Management Group, Inc. (Secular, David) (Entered: 01/25/2005)
01/26/2005141 Letter from Kevin M. Young for Andre Parker, Parker Environmental Management Group, Inc. requesting sentence consideration (Attachments: # 1)(Young, Kevin) (Entered: 01/26/2005)
01/26/2005142 Certificate of Service by Andre Parker, Parker Environmental Management Group, Inc. re 141 Letter Request (Young, Kevin) (Entered: 01/26/2005)
01/28/2005  TEXT NOTICE OF HEARING as to Andre Parker and Parker Environmental Management Group, Inc. Sentencing has been reset for 2/23/2005 at 2:00 PM in Syracuse before Judge Norman A. Mordue. (jlm) (Entered: 01/28/2005)
01/28/2005143 Second SENTENCING MEMORANDUM by USA as to Andre Parker, Parker Environmental Management Group, Inc. (Attachments: # 1)(Benedict, Craig) (Entered: 01/28/2005)
02/16/2005  TEXT ORDER as to Andre Parker and Parker Environmental Management Group, Inc. Granting the 144 Letter Request filed David Secular, Esq for Andre Parker to adjourn the sentencing date. The Sentencing has been reset for 3/10/2005 at11:00 AM in Syracuse before Judge Norman A. Mordue.Endorsed by Judge Norman A. Mordue on 2/16/05. (jlm) (Entered: 02/16/2005)
03/08/2005  TEXT NOTICE OF HEARING as to Andre Parker and Parker Environmental Management Group, Inc. The Court has rescheduled the Sentencing for 3/24/2005 at 11:00 AM in Syracuse before Judge Norman A. Mordue. (jlm) (Entered: 03/08/2005)
03/23/2005145 Letter from Kristin Carter Rowe for Andre Parker, Parker Environmental Management Group, Inc. requesting Modification to Sentencing Report (Attachments: # 1 Exhibit(s))(Young, Kevin) (Entered: 03/23/2005)
03/24/2005146 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by USA as to Andre Parker, Parker Environmental Management Group, Inc. Re: Second Addendum - 3/23/05 (Attachments: # 1 Exhibit(s) Ex. 1 to 3/23/05 Ltr. (Trial Ex. 103.001))(Benedict, Craig) (Entered: 03/24/2005)
03/24/2005147 Letter from AUSA Benedict for USA requesting Objecting to Atty. Rowe's represnt. of Andre Parker (Benedict, Craig) (Entered: 03/24/2005)
03/24/2005149 Minute Entry for proceedings held before Judge Norman A. Mordue :Sentencing held on 3/24/2005 for Parker Environmental Management Group, Inc.; Defendant Corporation is sentenced on Counts 1s-15s and 17s; Defendant Corporation is sentenced to 24 months of probation to be served concurrently; The term of Probation shall be suspended upon the Court and USPO being notified that Deft. Corporation has been formally dissolved; Special Conditions imposed; Special Assessment fee of $4,400.00 due immediatley; Appeal rights explained; (Court Reporter Eileen McDonough) (kcl, ) (Entered: 03/25/2005)
03/31/2005152 JUDGMENT as to Parker Environmental Management Group, Inc. (2), Count(s) 1, 13, 14-15, 16, 18, 18s, 19, 2-5, dismissed; Count(s) 12, 2s-6s, 6, Dismissed; Count(s) 12s-13s, 14s, 15s, 16s, 17s, 1s, 7s-11s, Defendant Corporation is sentenced on Counts 1s-15s and 17s; Defendant Corporation is sentenced to 24 months of probation to be served concurrently; The Probation shall be suspended upon the Court and USPO being notified that Deft. Corporation has been formally dissolved; Special Conditions imposed; Special Assessment fee of $4,400.00 due immediatley; Appeal rights explained; Count(s) 7-11, dismisssed . Signed by Judge Norman A. Mordue on 3/31/05. (kcl, ) (Entered: 03/31/2005)
03/31/2005155 TRANSCRIPT of Sentencing Proceedings as to Andre Parker and Parker Environmental Management Group, Inc. held on 3/24/05 before Judge Mordue. (dmf) (Entered: 04/05/2005)
05/04/2005159 TRANSCRIPT - Excerpt of Trial Proceedings as to Andre Parker and Parker Environmental Management Group, Inc., held on September 25, 2003 before Judge Norman A. Mordue. Court Reporter: Khristine D. Sellin. {Document not available for electronic view} (jmb) (Entered: 05/05/2005)
05/04/2005160 TRANSCRIPT - Excerpt of Trial Proceedings as to Andre Parker and Parker Environmental Management Group, Inc., held on September 26, 2003 before Judge Norman A. Mordue. Court Reporter: Khristine D. Sellin. {Document not available for electronic view} (jmb) (Entered: 05/05/2005)
06/22/2005165 TRANSCRIPT of Jury Trial as to Andre Parker and Parker Environmental Management Group, Inc. held on September 15, 2003 before Judge Mordue, Court Reporter: Khristine D. Sellin - maintained in Clerk's Office and not available for electronic viewing. (dmf) (Entered: 06/23/2005)
06/22/2005166 TRANSCRIPT of Jury Trial as to Andre Parker and Parker Environmental Management Group, Inc. held on September 16, 2003 before Judge Mordue, Court Reporter: Khristine D. Sellin - maintained in Clerk's Office and not available for electronic viewing. (dmf) (Entered: 06/23/2005)
06/23/2005167 TRANSCRIPT of Jury Trial held on 9/17/03 before Judge Mordue as to Andre Parker and Parker Environmental Management Group, Inc. - maintained in Clerk's Office and not available for electronic viewing. (dmf) (Entered: 06/27/2005)
06/30/2005168 TRANSCRIPT OF JURY TRIAL PROCEEDINGS: as to Andre Parker, Parker Environmental Management Group, Inc., held on September 18, 2003 before Judge Norman A. Mordue, Court Reporter: Khristine D. Sellin - maintained in Clerk's Office and not available for electronic viewing. (jmb) (Entered: 07/01/2005)
06/30/2005169 TRANSCRIPT OF JURY TRIAL PROCEEDINGS: as to Andre Parker, Parker Environmental Management Group, Inc., held on September 22, 2003 before Judge Norman A. Mordue, Court Reporter: Khristine D. Sellin - maintained in Clerk's Office and not available for electronic viewing. (jmb) (Entered: 07/01/2005)
07/08/2005170 TRANSCRIPT OF JURY TRIAL PROCEEDING: as to Andre Parker and Parker Environmental Management Group, Inc. held on 9/23/03 before Judge Mordue - maintained in Clerk's Office and not available for electronic viewing. (dmf) (Entered: 07/08/2005)
07/08/2005171 TRANSCRIPT OF JURY TRIAL PROCEEDING: as to Andre Parker and Parker Environmental Management Group, Inc. held on 9/24/03 before Judge Mordue - maintained in Clerk's Office and not available for electronic viewing. (dmf) (Entered: 07/08/2005)
07/08/2005172 TRANSCRIPT OF JURY TRIAL PROCEEDINGS: as to Andre Parker and Parker Environmental Management Group, Inc. held on 9/25/03 before Judge Mordue - maintained in Clerk's Office and not available for electronic viewing.(dmf) (Entered: 07/08/2005)
07/08/2005173 TRANSCRIPT OF JURY TRIAL PROCEEDINGS: as to Andre Parker and Parker Environmental Management Group, Inc. held on 9/26/03 before Judge Mordue - maintained in Clerk's Office and not available for electronic viewing. (dmf) (Entered: 07/08/2005)
07/08/2005174 TRANSCRIPT OF JURY TRIAL PROCEEDINGS: as to Andre Parker and Parker Environmental Management Group, Inc. held on 9/29/03 before Judge Mordue - maintained in Clerk's Office and not available for electronic viewing. (dmf) (Entered: 07/08/2005)
07/18/2005175 TRANSCRIPT OF JURY TRIAL PROCEEDINGS: as to Andre Parker and Parker Environmental Management Group, Inc. held on 9/30/03 before Judge Mordue - maintained in Clerk's Office and not available for electronic. (dmf) (Entered: 07/19/2005)
07/18/2005176 TRANSCRIPT OF JURY TRIAL PROCEEDINGS: as to Andre Parker and Parker Environmental Management Group, Inc. held on 10/1/03 before Judge Mordue - maintained in Clerk's Office and not available for electronic. (dmf) (Entered: 07/19/2005)
07/18/2005177 TRANSCRIPT OF JURY TRIAL PROCEEDINGS: as to Andre Parker and Parker Environmental Management Group, Inc. held on 10/2/03 before Judge Mordue - maintained in Clerk's Office and not available for electronic. (dmf) (Entered: 07/19/2005)
12/30/2005179 ORDER of waiver and/or dismissal; the sentence of probation and payment of special assessment imposed by the court on 3/24/05 is waived and/or dismissed . Signed by Judge Norman A. Mordue on 12/30/05. (kcl, ) (Entered: 12/30/2005)
08/29/2006180 ORDER that the parties have 15 days to show cause why the case/documents should not be unsealed for storage. Signed by Judge Norman A. Mordue on 8/29/06. (rjb, ) (Entered: 08/31/2006)
10/29/2007   File transferred from Syracuse to FRC. Accession #021-06-0421, Box 6 and 7 of 8 Location #L66-15-03-3(alh, ) (Entered: 10/29/2007)