PROCEEDINGS: Motion for Return of property Filed By: Amanda K. Haffenden, RP~ Official Court Reporter DATE: February 24, 2004

Transcription

1 ... IN TH COURT OF COMMON PLAS OF ALLGHNY COUNTY, PNNSYLVANIA COMMONWALTH OF PNNSYLVANIA CRIMINAL DIVISION JOHN GAGLIARDI, vs. Defendant. OTN-H PROCDINGS: Motion for Return of property Filed By: Amanda K. Haffenden, RP Official Court Reporter DAT: February 24, 24 "-' HLD BFOR: Hon. Larence J. O'Toole } i > &j COUNSL PRSNT: For the Commonealth: Anthony Krastek, sq. «<: a.. ::; u. <: <J) :s,

2 2 _.- 1 TH COURT: All right. What are e 2 doing ith this case? I read your motion, your 3 reply, that this case has already been in front 4 of Judge DeAngelis. 5 MR. KRASTK: That's correct, Your 6 Honor. 7 TH COURT: And Judge DeAngelis has ruled that in some fashion to do hat? 9 MR. KRASTK: Well, basically, he's 1 never granted the motion for return of 11 property. There have been times that e tried - ":" to resolve thisshort of Court Order, and 13 e've even done it after Judge DeAngelis ruled "ri t i '9 6 «z 14 three times against the defendant. And e 15 haven't been able to accomplish the return, 16 even though I keep inning the motion for 17 return of property in its various forms. This 1 is simply -- this is the same motion, Your "- 19 Honor. (I] ::;; iz z (I] en :s 2 TH DFNDANT: Okay. Your Honor, 21 that's not so, hat he's saying. I anted the 22 computer drive not to be taken out it not? about all that. TH COURT: Time out. I don't care This case has a history, does

3 3-1 TH DFNDANT: Yes. 2 TH COURT: This has been in front of 3 Judge DeAngelis, has it not? 4 TH DFNDANT: Yeah. He ruled on 5 it. Yeah, he ruled that they ere supposed to 6 give me everything back. 7 MR. KRASTK: No, Your Honor. TH COURT: That's not hat I read in 9 here. 1 MR. KRASTK: If you see xhibit A, -' it's very telling, xhibit A in my anser. It's very telling the kind of tortured history this case has. 14 TH COURT: Why is this so confusing? } 15 Why can't you to get along? 16 TH DFNDANT: Well, first off, he 17 brought the computers over to my office, and I 2 1 asked them if they ere going to hook them up, «" z [L 19 because they took them and disconnected them II> ::;; : u. Z II> : W f/) :) 2 and took them aay. I have an expert that can 21 tell you- that a computer -- they could have 22 took everything out of my computer right in my 23 office. They as there over three hours, and 24 they could have put it on to another drive, and """ 25 they had everything that as on my computer.

4 TH COURT: They didn't do that. 2 They took your computer. 3 TH DFNDANT: Okay. 4 TH COURT: So e're beyond that 5 point. 6 TH DFNDANT: Then they never 7 brought -- there's to pages -- TH COURT: My point is, Judge 9 DeAngelis has already issued ritten rulings; 1 is that correct? 11 MR. KRASTK: Yes, Your Honor, at -,- least three. 13 TH DFNDANT: In the transcripts,,; f < c «co z W 14 in the transcripts, you can see here they 15 agreed to give me these items back, copies of 16 these items. I never got nothing back. 17 TH COURT: Ho can I do something 1 different than hat Judge DeAngelis did? Q. 19 TH DFNDANT: Well, you can ask!ij 2 him -- they took pictures of my invention :!; f2 c i5!ij (J) :'S 21 inside the arehouse. It didn't have nothing 22 to do ith the office, of both my multi-lift 23 elevator, multi-stage lift elevator, and then I 24 had ;natural gas co-generation that I'm orking - 25 on. You get either electric or heat free, but

5 5 "" 1 they took all these pictures in there. 2 3 pictures. They admit that they took the They on't give me my pictures back. 4 That has nothing to do ith this letter that 5 they say I forged that I didn't forge. It 6 doesn't have nothing to do ith that, and they 7 go into the arehouse. Their search arrant they had didn't allo them to go into the 9 arehouse, didn't tell them to go into the 1 arehouse, but they did. 11 Then they had me open cabinets and -" ifferent things in the arehouse, and then 13 they says, Oh, oh, close those cabinets, 14 because they seen stuff in there that didn't } 6 15 have nothing to do ith TH COURT: But the story you're 17 telling me, the narrative is something, I take 1 it, that has been gone over beteen you and z a. 19 Mr. Krastek and Judge DeAngelis; is that right? ::; z rjj «..J 2 TH DFNDANT: Correct. 21 TH COURT: All right. Well, then TH DFNDANT: But they did agree unless he ants to stand here and lie, they did 24 agree that they ere going to give them back to -" 25 me. I never got them back. I never got

6 6 '... 1 nothing back. 2 TH COURT: Well, I heard you say 3 that you made attempts to resolve this? 4 MR. KRASTK: Yes, Your Honor. ven 5 though e feel e properly took the computer 6 and all the materials, as a courtesy, hen e 7 take a computer, e copy the hard drive. You can't tell the difference beteen the copied 9 hard drive and the regular hard drives, and 1 e've made efforts to give it back to him, even 11 though e keep inning the motions for return '-' of property, but it's that part, that courtesy 13 that he on't -- there's alays a problem hen 14 e try to return it to to him. } i m'? 15 TH COURT: Well, it seems to me I 16 can't change any ruling Judge DeAngelis has 17 made. He has the same jurisdiction I do and! c.. " z 1 the same authorty that I do; theoretically, a. 19 you could go from judge to judge to judge in OJ 2 the courthouse until you could find somebody to ::;; "- z OJ In :5 21 make a ruling in your favor, and that ould be, 22 as I understand the la, illegal. Okay? 23 TH DFNDANT: There's a suit that I 24 have:. You have it in the pleadings there. 25 TH COURT: Yes, I sa it.

7 7 1 TH DFNDANT: That the county no 2 has taken the case into federal court, another 3 case that I have. 4 TH COURT: I sa that, sir. 5 TH DFNDANT: Okay. And I guess if 6 you ant to make an order that I can go to the 7 Superior Court ith, I'd like to get that. TH COURT: Well, I'm going to deny 9 your request and relief as something I can't 1 entertain because it's already been ruled on by 11 Judge DeAngelis. Okay. Have you ever appealed... from any of Judge DeAngelis' rulings? 13 MR. KRASTK: All of them. They've 14 all been denied by the Superior Court. J i 15 TH DFl'1DANT: Krastek, I'm going to 16 ask you one question: Did you ever join the 17 Masons? Did you? r'd like to kno. «"zcl. IIJ :; u. Z IIJ rn :'i 1 TH COURT: Did you ever look at a 19 dollar bill? See that pyramid on there? You 2 kno hat that's about, don't you? Read your 21 history. 22 Thank you for coming in. Sorry I 23 can't help you out here. 24 (Whereupon, the proceedings ere " 25 concluded.)

8 ',-.' 1 COMMONWALTH OF PNNSYLVANIA) ) SS: 2 COUNTY OF ALLGHNY, ) 3 4 CRTIFICAT OF RPORTR 5 6 I, Amanda K. Haffenden, do hereby certify that the 7 evidence and proceedings are contained fully and accurately in the machine shorthand notes taken by me 9 at the hearing of the ithin cause, and that the same 1 ere transcribed under my supervision and direction, 11 and that this is a correct transcript of the same.,-, Official Court Reporter Court of Common Pleas > > '? ffi "z a. m ::; a; u. " Z m a; f/) :"i 17 1 The foregoing record of the proceedings upon 19 the hearing of the above cause is hereby approved and 2 directed to be filed Judge 24 "--- 25