Letter to US Magistrate DiBianco regarding trial stipulation

34 Franklin St.
Lyons, NY 14489
July 23, 2004

Honorable Gustav J. DiBianco
US Magistrate Judge                               RE: United States v. Murtari
P.O. Box 7396
Syracuse, NY 13261-7396

Dear Judge DiBianco:

Both I and the US Attorney’s office have agreed on the stipulation we had discussed in the Spring with you. Everything should be ready for you to make a decision in the case and we can proceed to sentencing without further delay. I did write the US Attorney’s office on June 6th and the excerpt below is from my letter:

Briefly, the only pending items I have before making the stipulation final are these:

  • I reviewed the transcript; it looked fine except for one item. In the list of exhibits at the beginning the reporter did not include the videotape and the placard/petition? I don’t know if that is a big deal or not, but if it could just be mentioned in our final letter to the Judge that would be fine.
  • I don’t have a copy of the stipulation.
  • I don’t have a copy of the complaint that covers the 4 charges.

I spoke with Mr. Southwick in mid June, it seemed we were all in agreement and ready to proceed. I was expecting a letter from their office to the Court. I spoke with Mr. Southwick a few days ago and we agreed that I would just send a letter to the Court finalizing our understanding and stating he agreed with the above conditions.

We have had essential agreement on the stipulation since the Spring, it just seems to be a matter of paper work. If the Court still finds problems I would hope we could schedule a quick appearance with all parties, pen & paper, and finalize all in the Court room.

My summer vacation with Domenic ended on July 16th. It was a very nice time for all of us and we got to do a lot of things (work in the vegetable garden, some home improvement, cabinet making, travel, work on model planes/rockets, and just play). Dom also understand what will be happening to me and that I won’t be seeing him until some jail time is served. All in all we are very, very thankful for what we have.

Respectfully yours,

John Murtari 635-1968, x-211